The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADMINISTRATOR: The Code Administrator, the person authorized to enforce the provision contained in this chapter.
DESIGN GUIDELINES: The standards developed by Main Street, Enid, Inc., and the City of Enid, hereby adopted by reference with this chapter, that serve as the guide with regard to the design and materials which may be utilized within a sidewalk cafe encroachment area.
DRIVE-IN RESTAURANT: Any establishment where food, frozen dessert and/or beverage is sold to the consumer, and where motor vehicle parking space is provided, and where such food, frozen dessert and/or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
EMPLOYEE: Any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served.
ENCROACHMENT: Stands, tables, umbrellas, chairs, displays, signs, banners, flags, and appurtenances or objects related to the business, or other items for sale on the public right-of-way, sidewalk or common area on public property.
FOOD SERVICE ESTABLISHMENT: Any operation that stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption such as: a restaurant; satellite, commissary or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
A. Food service establishment includes: An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the department; or an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
B. Food service establishment does not include:
1. Food processing plant; including those that are located on the premises of a food establishment;
2. A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the department;
3. A kitchen in a private home, such as a small family daycare provider; or a bed and breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed three (3), and breakfast is the only meal offered;
4. A private home that receives catered or home delivered food;
5. The sale of whole produce grown by a producer and sold on a roadside or locations away from their property and transported by the grower or transported without third party intervention and/or storage, and the produce is maintained in a safe, unadulterated condition.
MOBILE FOOD SALES: The sale of food, other than prepackaged retail foodstuffs, from a mobile unit.
MOBILE FOOD SERVICE ESTABLISHMENT: A facility that is readily movable and is vehicle mounted (DOT road approved, including wheels and axles), remains at one physical address for no more than twelve (12) hours at one time, and from which food may be prepared.
MOBILE FOOD VENDOR: A food vendor operating for a temporary period. Mobile food vendor does not include delivery from a licensed restaurant.
MOBILE PREPACKAGED FOOD SALES: The mobile sale of prepackaged retail foodstuffs which remains in its original retail packaging.
MOBILE RETAIL FOOD SERVICE ESTABLISHMENT: A unit from which packaged foods are sold from a stationary display at a location some distance from the unit, but still at the same physical address for no more than twelve (12) hours, provided the licensed unit is on premises and readily available for inspection and the food has been prepared in a facility that is regulated by the good manufacturing practices in title 21 of the CFR or regulated as a license holder pursuant to OAC chapter 310:260 human foods good manufacturing practice regulations.
OUTDOOR CAFE: The placing, locating or permitting of the placing or locating of chairs, tables, and other appurtenances on the right-of-way, such as sidewalks, adjacent to a business licensed to operate as an eating establishment where food, beverages (both alcoholic and nonalcoholic), and/or other refreshments are served, or upon public property within designated areas.
PACKAGED: Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food service establishment or a food processing plant. It does not include a wrapper, carryout box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
PEDAL CARRIER: A non-self-propelled, wheeled, pedal unit or like device.
PRIVATE CLUB: Any association, person, firm or corporation, key club, bottle club, locker club, pool club, or any other kind of club or association excluding the general public from its premises or place of meeting or congregating, or operating or exercising control over any other place where persons are permitted to drink alcoholic beverages other than in a private home.
PUSHCART: A non-self-propelled food unit that can be manually moved.
RESTAURANT: Restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand or soda fountain, where meals are served, and other public eating or drinking establishments, as well as kitchens or other places in which food and drink are prepared for sale or consumption elsewhere.
SEASONAL FOOD SERVICE ESTABLISHMENT: A facility that is open no more than one hundred eighty (180) consecutive days per physical address per year. The seasonal food service establishment is limited to serving coffee and snow cones with use of liquid milk, raw fruits, raw vegetables, nuts in the shell, and commercially bottled syrup, sorghum, honey, sweet cider, and other non- time/temperature control for safety foods.
SEASONAL FRUIT AND VEGETABLE STAND: An establishment that is open no more than one hundred eighty (180) consecutive days per physical address per year and is limited to whole, raw fruits and vegetables and unprocessed nuts in the shell.
SIDEWALK: That area of the public right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines reserved for pedestrian traffic, not including street crossings.
TAVERN: Any place where low point beer is sold for consumption on the premises.
UTENSILS: Any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
WASTE MATERIAL: Paper cups, straws, napkins, garbage, beverages and all other waste matter intended for disposal which, if not placed in a proper receptacle, tends to create a public nuisance by rendering property unclean, unsafe and unsightly. (Ord. 2019-06, 4-16-2019)