An appeal for a new election on a controversial food tax has failed.

The 5% tax, which applies to prepared food sold at restaurants and similar businesses, was narrowly approved by voters in November and survived a recount in December. The money raised will support emergency services and city infrastructure.

Opponents of the tax questioned the integrity of the election and expressed concerns about ballot drop boxes and how ballots were counted.

In an election contest filed in Circuit Court in December against the Clatsop County Elections Division and County Clerk Tracie Krevanko, Megan Miller and Josh Tuckman, the owners of Castaways Global Cuisine & Wine Bar, alleged violations of election law and fraud.

The legal challenge alleged a ballot drop box at City Hall was improperly and prematurely opened and that ballots from a drop box in Seaside were improperly rejected. Some votes, the court filings said, were not properly counted or counted at all.

The court dismissed the case in February.

Miller and Tuckman, who were among the many restaurant owners who opposed the ballot measure ahead of the election, could not be reached for comment.

The county declined to comment.

Measure 4-210 was approved in a 380-374 vote. The city expects to begin collecting the tax in July.

City Manager Bruce St. Denis has defended the opening of the drop box in front of City Hall. He said people had shoved several ballots into the side of the box and city staff wanted to make sure the ballots were protected from the rain. He and Karen LaBonte, the city’s public works director, unlocked the box and put the ballots inside.

County elections staff have said St. Denis and LaBonte did not violate any rules.

Meanwhile, the drop box in Seaside was not considered an official drop-off location.

Krevanko picked up two ballots in the Seaside drop box after the election, but they were considered too late to count and never opened.

The tax is estimated to generate $1.7 million annually, which will be split between the city and Cannon Beach Rural Fire Protection District.

The city will use its portion to help fund a new City Hall and police station, while the fire district plans to use its share for operations as calls for emergency service continue to rise.