For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD. All articles used for food, drink, confectionery, or condiment, whether simple, mixed, or compound, and all substances or ingredients used in the preparation thereof.
FOOD ESTABLISHMENTS.
(1) DRIVE-IN RESTAURANT. Any establishment where food, frozen dessert, or beverage is sold to the consumer, and where motor vehicle parking space is provided with the intention that the food, frozen dessert, or beverage will be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
(2) FOOD MARKET. Any retail grocery, meat market, poultry market, fish market, fresh fruit and vegetables market, delicatessen, confectionery, candy kitchen, nut store, retail bakery store, or any other establishment, whether fixed or movable, where food intended for human consumption off the premises is manufactured, produced, stored, prepared, handled transported, sold, or offered for sale at retail. The provisions of this chapter shall not include meat or poultry slaughterhouses.
(3) ITINERANT RESTAURANT. Any food and/or beverage provider that does not maintain a permanent place of business within the city, who sells or offers to sell directly to the consumer and does not meet the definition of mobile food vendor or temporary itinerant restaurant.
(4) MOBILE FOOD VENDOR.
(a) Any person who sells, serves, offers for sale, or gives away food or beverage from any self-contained mobile unit or vending cart, independent with respect to water, sewer, and power utilities, capable of moving or being moved, is meant to be portable and is not permanently attached to the ground consisting of an enclosed truck, trailer, bus, or similar vehicle that contains equipment used for the sale and/or preparation of food or beverages and is closed when not in operation.
(b) Any person who, by traveling from place to place, serves previously prepared food that is enclosed or wrapped for sale in individual portions, coffee, other beverages, or whole and uncooked fruits or vegetables from a motorized or nonmotorized wheeled vehicle.
(5) RESTAURANT. Any fixed restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, in-plant food service, commissary, snack bar, food catering, or food establishment, where food for human consumption is prepared or served in a manner so that it is ready for consumption. RESTAURANT shall not include a food establishment that is known as a "food market" where food is not prepared and served for consumption on the premises.
(6) TEMPORARY FOOD VENDOR. A food and/or beverage provider operating for a temporary period in connection with an outdoor food or farmers market, fair, carnival, circus, public exhibition, or other similar gathering.
LICENSEE. A person having a city license in full force and effect issued under this chapter.
UTENSIL. Any kitchenware, tableware, glassware, cutlery, containers, or other equipment of any kind or nature with which food comes in contact during storage, preparation, display, or serving, and after delivering to a food market.
WASTE MATERIAL. Any 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 rending property unclean, unsafe, and unsightly.
(Ord. 3305, passed 10-10-1960; Am. Ord. 3387, passed 3-25-1963; Am. Ord. 9506, passed 4-26-2021)