For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms include either the singular or the plural as the case may be.
APPLICANT. A Person applying for a Permit.
CITY. The City of Albuquerque.
COMPLIANCE PLAN. A written agreement between the Permit Holder and the Enforcement Authority that outlines conditions and corrective actions that must be met to prevent suspension or revocation of a Food Establishment Permit.
CLOSED SIGN. The placard, sticker, or sign placed on a Food Establishment by the Enforcement Authority after issuing a Grade of Closed as defined in the Rules.
ENFORCEMENT AUTHORITY. The Mayor or the Mayor’s designated agent(s).
ENFORCEMENT AUTHORITY. Includes references to “Regulatory Authority” in the U.S. Food and Drug Administration Food Code.
EXPIRATION DATE. The date listed on a Permit marking the end of the Permit term.
FOOD. Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
FOOD CODE. Food Code as adopted by the Rules.
FOOD ESTABLISHMENT. Any place where Food is stored, processed, packaged, repackaged, or prepared and intended for human consumption.
FOOD ESTABLISHMENT. Includes any such place regardless of whether the consumption is on or off the premises, regardless of its permanence, and regardless of whether there is a charge for the Food.
FOOD ESTABLISHMENT. Does not include:
(A) Any place where Food is produced, sold, distributed, or prepared and exempt from regulation pursuant to the Homemade Food Act, Chapter 25, Article 12 NMSA 1978;
(B) A kitchen in a private home, except the Enforcement Authority may pursue a warrant for inspection of a kitchen in a private home pursuant to § 9-6-10(C) of This Ordinance when a private home kitchen is being used as a food establishment in violation of This Ordinance;
(C) Home-delivery vehicle and service including but not limited to pizza delivery, third party ordering and delivery services, or grocery delivery services; and
(D) A private home that receives catered or home-delivered Food.
GRADE. The score showing the degree of compliance with This Ordinance, and the Rules, that a Food Establishment receives at the time of the most recent inspection.
IHO ORDINANCE. Independent Office of Hearings Ordinance, Chapter 2, Article 7, Part 8 ROA 1994.
IMMINENT HEALTH HAZARD. Any condition or circumstance which, in the judgment of the Enforcement Authority, could be immediately injurious to life, health, or safety; or as defined in the Food Code.
PERMIT. The document issued by the Enforcement Authority that authorizes a Person to operate a Food Establishment.
PERMIT HOLDER. The legal entity responsible for the operation of the Food Establishment such as the owner, owner’s agent, or other Person; or as defined in the Food Code.
PERSON. An individual, partnership, corporation, association, or any other legal entity.
PERSON IN CHARGE. The individual present in a Food Establishment who is the apparent supervisor of the Food Establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the Person In Charge.
RULE. The Rules promulgated by the Enforcement Authority pursuant to This Ordinance.
TERM. The period of time during which a Food Establishment is authorized to operate under a Permit.
THIS ORDINANCE. The Albuquerque Food Service and Retail Ordinance.
VALID. Unexpired, not suspended, and not revoked.