Utah Restaurant Ass'n v. Davis County Board of Health

ZIMMERMAN, Justice:

The Davis County Board of Health appeals from a final judgment holding invalid its regulation imposing a permit fee upon food service establishments in Davis County, restraining the Board of Health from imposing any charges pursuant to the regulation and ordering the return of any payments already received. We affirm in part and reverse in part.

In 1980, the Davis County Board of Health (“Board”) promulgated the Food Services Establishment Permit Fee Schedule. It imposed fees on restaurants and other establishments providing food service in Davis County. Fees ranged from $15…