For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSER or SOLICITOR. Any individual or natural person, not having a permanent residence in the corporate limits of the city, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, for the sale, as well as the selling, offering for sale or taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any kind or nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale or not, or whether he or she is collecting advance payments on the sales or not. The definition shall include any person who, for himself or herself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, ship or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery. For the purposes of this article, local school, church organization or other local civic or charitable organizations which are located within the county shall not be considered a CANVASSER or SOLICITOR.
CHIEF OF POLICE. The Chief of Police of the city or his or her appointed designee.
CITY MANAGER. The City Manager or his or her appointed designee.
CRITICAL VIOLATIONS OR PRIORITY ISSUES. Violations noted in an inspection of a food establishment that are more likely to contribute to food contamination, illness, or environmental health hazard and are denoted in OAC 310:257-15-41.
EXEMPTIONS. The provisions of this chapter shall not apply to the following:
(1) Sale of goods, wares or merchandise made to dealers or retailers by any commercial traveler or sales agent in the usual course of business.
(2) Delivery of goods, wares or merchandise to a regular customer under any general or customary arrangement as might be made with a regular clientele.
(3) Sale of farm or dairy products produced or grown by the persons selling or offering them for sale.
(4) Gratuitous dissemination of any materials with a respect to noncommercial matters.
(5) Sale of goods, wares and merchandise by any charitable or religious organization or association.
(6) Sale of goods, wares and merchandise made as part of any residential garage or yard sale.
(7) Sale of goods, wares and merchandise made as part of any art and crafts festival, show, bazaar, bake sale or summer event lasting not longer than three days.
(8) Sale of goods, wares and merchandise made by any person under the age of 18 who engages in a business as an itinerant merchant.
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.
FOOD SERVICE ESTABLISHMENT.
(1) Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. FOOD SERVICE ESTABLISHMENT includes the following:
(a) Establishments which are covered by the permit, license or certificate requirement of the state.
(b) Any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food.
(c) Delicatessen-type operations that prepare sandwiches intended for individual portion service.
(2) FOOD SERVICE ESTABLISHMENT does not include private homes where food is prepared or served for individual family consumption, the location of food vending machines, and supply vehicles.
ITINERANT MERCHANT or PEDDLER. Any person, whether its owner, agent, consignee, or employee, whether a resident of this city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or public room in hotels, lodging houses, apartments, shops, or any street, alley, public or private parking lot, or other places within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. ITINERANT MERCHANTS shall also include transient merchants and itinerant peddlers. PEDDLERS shall be any person whether a resident of the City of Guthrie or not, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares or merchandise offering and exposing the same for sale, making sales and delivering articles to purchasers. The word PEDDLER shall also include the words “Rocker and Huckster.”
LAW. All applicable federal, state and local statutes, ordinances, and regulations.
MOBILE FOOD SERVICE ESTABLISHMENT.
(1) (a) One of two types of mobile food units:
1. A restricted unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and prepackaged frozen foods. Preparation, assembly or cooking of foods is not allowed.
2. An unrestricted unit that may serve food as allowed in division (1)(a)1., may cook, prepare and assemble a full menu of food items;
(b) An unrestricted unit must be secured and completely enclosed.
(c) Foods such as hot dogs, coffee, or shaved ice, or food with prior approval from the Logan County Health Department, may be served from vehicles with three sides and a cover.
(2) This definition includes the following categories of mobile food establishments: full-service mobile, pre-packaged mobile, pushcart, and prepackaged pushcart, as set forth in OAC 310:251-17-1 through 310:257-17-6 and other Oklahoma State Department of Health regulations and guidelines issued in accordance with 63 O.S. § 1-1101 et seq.
PACKAGED. Bottled, canned, cartoned, or securely wrapped.
PERSON. Includes any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
PERSON IN CHARGE. The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the PERSON IN CHARGE.
REGULATORY AUTHORITY. The state and/or local enforcement authority or authorities having jurisdiction over the food service establishment.
REPEATED VIOLATION. Violation of the same item on two consecutive inspections.
SUPERVISORY PERSONNEL. The certificate holder, individuals having supervisory or management duties and any other person working in a food service establishment who may be in charge of its operation.
TEMPORARY. A food service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01; Am. Ord. 3259, passed 8-19-14)