Skyway Cafe owner gets refund from health board

The new owner of the Skyway Cafe made no secret of his low opinion of Spokane health officials who charged him twice for a restaurant permit, then rebuffed his protests.

On Thursday, however, John Melter said he was surprised at the receptivity of the Spokane Regional Health District board of directors and their decision to refund a $590 penalty.

“Imagine that. That don’t happen very often. They just listened to us,” said Melter, 55, who represented himself at a formal enforcement hearing. “It’s a massive breath of fresh air to win something like this.”

Melter argued – and board members agreed – that health district officials didn’t make it completely clear that he needed a new, separate permit when he bought the Felts Field diner from his sister-in-law last summer.

He said the agency’s Web site was incomplete and confusing and said staff members were unclear and condescending when they communicated with him.

Staff members disputed that, and the agency’s interim health officer, Dr. Larry Jecha, upheld their view.

But board members agreed Thursday that Melter’s situation was unique and warranted a refund of the penalty. Melter had no problem paying the $590 annual fee for a complex restaurant permit.

“The board felt that under this limited set of circumstances encountered by Mr. Melter, the requirements were not clear to a reasonable person,” said Board Chairwoman Mary Verner.

Verner said the health district would move quickly to make its Web site and restaurant application process more user-friendly.

She said the board wasn’t backing away from a policy that allows imposition of 100 percent of fees if people fail to acquire a permit two weeks before operating a new restaurant.

“We talked about precedent, but this was such a unique set of circumstances,” she said. “We’re not sending the message to the public that you can violate our rules with impunity.”