§ 113.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BOARD. The Fort Wayne-Allen County Board of Public Health.

   COMMISSARY. Any food establishment, including, but not limited to, any place in which food, beverages, food or beverage ingredients, food service containers, or supplies are kept, handled, prepared or stored for the purpose of directly supplying food or beverage vending machines or other food establishments.

   CRITICAL VIOLATION. A violation which is likely to contribute to food contamination, illness, or environmental degradation, depending on the circumstances, and represents substantial public health risks.

   DANGEROUS COMMUNICABLE DISEASE. Diseases which epidemiological evidence indicates can be transmitted through food preparation or service.

   DEPARTMENT. The Fort Wayne-Allen County Department of Health of the city and/or its employees.

   FOOD. Includes, but is not necessarily limited to, all raw, cooked or processed edible substances which may be used in whole or in part for human consumption, whether solid or liquid, packaged or unpackaged, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in preparation thereof or which become components thereof.

   FOOD ESTABLISHMENT. Any retail food service establishment, temporary food service establishment, mobile food service establishment, retail food market establishment, temporary food market establishment, temporary farmer's food market establishment, temporary fund raising food market, retail food service on-site temporary establishment, retail food service off-site temporary establishment, seasonal mobile ice cream market establishment, mobile food market establishment, food or beverage vending machine, food processing establishment, commissary, or any other establishment where food intended for human consumption is manufactured, produced, stored, warehoused, prepared, handled, transported, sold, served or provided with or without charge; provided, however, that when the entire operation of a food establishment is receiving continuous inspection by an appropriate state or federal government agency, including the United States Department of Agriculture Consumer and Marketing Service or the Indiana State Department of Health, it shall not be included in the above definition, except that the Department shall be permitted to enter such food establishment to trace spoiled or defective food products that are suspected to be spoiled or are suspected to have originated from the food establishment.

   FOOD ESTABLISHMENT PERSONNEL.  Includes, but is not limited to, any person who may come into contact with food by sale, processing, preparation, packaging, serving, or who comes in contact with any utensil or equipment of any kind used in said process(es), or who is employed in a room or rooms in which food is being processed, prepared, packaged, served or sold.

   FOOD or BEVERAGE VENDING MACHINE. Any self-service device offered for public use which, upon insertion of paper money, coins or token, or by other similar means, dispenses unit servings of food or beverage products, either in bulk or in package.

   FOOD-PROCESSING ESTABLISHMENT. Any commercial establishment in which food is processed or otherwise prepared, packaged or manufactured for human consumption.

   HEALTH COMMISSIONER. The Director of Public Health of the Fort Wayne-Allen County Department of Public Health, and/or his/her authorized representative.

   IMMINENT HEALTH HAZARD. Any event, circumstance or situation which in the opinion of the Health Commissioner, or his/her authorized representatives, presents a serious and present health risk to a person or the public.

   MACHINE LOCATION. Includes, but is not limited to, any room, enclosure, space or area where one or more food or beverage vending machines are installed or operated.

   MOBILE FOOD MARKET ESTABLISHMENT. Any food establishment without a fixed location capable of being readily moved intact from location to location where food, intended for human consumption outside of the facility, is stored, sold or offered in prepackaged form, fresh or frozen.

   MOBILE FOOD SERVICE ESTABLISHMENT. Any food establishment without a fixed location capable of being readily moved intact from location to location where food intended for human consumption outside the facility is stored, sold or offered in open form, fresh or frozen.

   NEW PERMITTEE. Any person, not related by blood or marriage, who acquires, through an asset purchase agreement, stock purchase agreement, merger, consolidation, gift or other similar method, more than 50% of the control of a prior permittee's business.

   OPERATE (and/or its derivatives). One that operates a business or operates as a business.

   PERMIT. A certificate and/or a permit number of a size and style previously approved by the Health Commissioner.

   PERMITTEE. The person who is the owner of or responsible for the operation of a food establishment which shall include his/her/its authorized representative and who shall be responsible for the acceptance of all notices at the address listed on the application for any permit issued hereunder.

   PERSON. Includes, but is not limited to, an individual, a corporation, firm, partnership, proprietorship, association, business organization or any other group acting as a unit, as well as an individual, trust or estate, or the agent or legal representative thereof.

   POTENTIALLY HAZARDOUS FOOD. Any perishable food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell fish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods which have a PH level of 4.6 or below or a water activity (Aw) value of 0.85 or less under standard conditions or food products in hermetically sealed containers processed to prevent spoilage.

   RETAIL FOOD MARKET ESTABLISHMENT. Any food establishment, including, but not limited to, a grocery, meat market, poultry market, fish market, fresh fruit and vegetable market, delicatessen, confectionery, candy kitchen, nut store, retail bakery store or any other food establishment, whether fixed or movable, where food, intended for human consumption off the premises, is manufactured, produced, stored, prepared, handled, sold or offered with or without charge. Provided, however, that the provisions of this chapter shall not include meat or poultry slaughterhouses.

   RETAIL FOOD SERVICE ESTABLISHMENT. Any food establishment, including but not limited to a restaurant, coffee shop, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, commissary, drive-in restaurant, drink establishment, snack bar, food counter, dining room, food catering facility, industrial feeding establishment, private, public, or nonprofit organization or institution routinely serving food and any other eating or drinking establishment where food or drink products are prepared, served or provided for human consumption with or without charge. The term does not include private homes where food is prepared or served for individual family consumption.

   RETAIL FOOD SERVICE OFF-SITE TEMPORARY ESTABLISHMENTS. Any licensed retail food service establishment that operates a temporary food service establishment off-site for a special event. Provided, however, this permit will only allow preparation of meat, seafood, poultry products, and raw vegetables at the off-site location.

   RETAIL FOOD SERVICE ON-SITE TEMPORARY ESTABLISHMENT. Any licensed retail food service establishment that operates a temporary food service establishment on their premises for a period of time not in excess of one day per week. Provided, however, this permit will only allow preparation of meat, seafood, poultry products and raw vegetables.

   SAFE HOLDING TEMPERATURES. Applied to potentially hazardous food shall mean food temperatures at 41° F. or below, and 140° F. or above, and frozen foods at 0° F. or below, provided, however, a tolerance of 5° F. shall be permitted on frozen foods only.

   SEASONAL MOBILE ICE CREAM MARKET ESTABLISHMENT. Any food establishment, with or without a fixed location, capable of being readily moved intact from location to location, where the only potentially hazardous foods sold are pre-packaged ice cream products.

   TEMPORARY FARMER'S FOOD MARKET ESTABLISHMENT. Any food establishment in an enclosure, stall or other facility, whether fixed or mobile, operating at a fixed location on a seasonal basis for one or more days and not to exceed six consecutive months where only fresh fruits, vegetables, honey or cider intended for human consumption off the premises are offered for sale at retail or wholesale prices.

   TEMPORARY FOOD MARKET ESTABLISHMENT. Any food establishment in any enclosure, stall or other facility, whether fixed or mobile, operating at one site or location for a period of time not in excess of 14 consecutive days, in conjunction with a single event or celebration where only pre-packaged food products intended for human consumption off the premises are offered with or without charge.

   TEMPORARY FOOD SERVICE ESTABLISHMENT. Any food establishment in any enclosure, stall, or other facility, whether fixed or mobile, operating at one site or location for a period of time not in excess of 14 consecutive days, in conjunction with a single event or celebration, where food in open form intended for human consumption off the premises is offered with or without charge.

   TEMPORARY FUND RAISING FOOD MARKET . Any food establishment operating at a fixed location for not more than one day per month where food intended for human consumption off the premises is offered for sale at retail or wholesale prices and a third party not-for-profit organization benefits financially as a result of that sale.

   UTENSIL. Any implement used in the storage, preparation, service, consumption, display, transportation, or cleaning of food or drink products.

   VENDING OPERATOR. Includes, but is not limited to, any person who by contract, agreement or ownership, takes responsibility for furnishing, installing, servicing, operating or maintaining one or more food or beverage vending machines which dispense potentially hazardous food or beverage products.

(Ord. G-07-91, passed 2-28-91; Am. Ord. G-39-92, passed 8-12-92; Am. Ord. G-25-95, passed 10-24-95; Am. Ord. G-26-98, passed 6-9-98; Am. Ord. G-17-99, passed 9-7-99; Am. Ord. G-19-00, passed 6-27-00)