§ 36.135 DEFINITIONS.
   For the purposes of this Article, unless the context otherwise requires, the following words or terms shall have the meanings respectively applied to them:
   ALCOHOLIC LIQUOR. Spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.
   ALCOHOLIC LIQUOR FACILITY. Any establishment licensed under Chapter 111 of the Revised Code of Ordinances.
   PERSON. Any individual, firm or corporation, representative, or entity.
   PREPARED FOOD.
      (1)   PREPARED FOOD means and includes any solid, liquid (including both alcoholic and nonalcoholic liquid), powder or item used or intended to be used for human internal consumption, whether simple, compound or mixed and which has been prepared for immediate consumption.
      (2)   PREPARED FOOD may be purchased for consumption within or upon the premises where it is sold or it may be purchased for consumption off the premises where it is sold. PREPARED FOOD does not mean or include any food which is sold in a closed or sealed bottle, can, carton or container of the manufacturer or wholesaler or which has not been prepared for immediate consumption.
   PREPARED FOOD FACILITY.
      (1)   Any person or establishment which sells food at retail which has been prepared for immediate consumption, whether or not such prepared food facility use is conducted along with any other use(s) in a common premises or business establishment.
      (2)   A PREPARED FOOD FACILITY includes, but is not limited to, those establishments commonly called an inn, restaurant, eating place, drive-in restaurant, buffet, bakery, cafeteria, café, lunch counter, fastfood outlet, catering service, coffee shop, diner, sandwich shop, soda fountain, tavern, bar, cocktail lounge, soft drink parlor, ice cream parlor, tearoom, delicatessen, movie theater, mobile food or beverage or ice cream vehicle, hotel, motel, or club, or any other establishment which sells at retail food which has been prepared for immediate consumption.
      (3)   A PREPARED FOOD FACILITY does not include churches, public or private schools, boarding houses, daycare centers, nursing homes, retirement centers or similar residential care facilities, or programs for the central preparation of meals to be delivered and consumed at private residences of invalids or the elderly, or other facilities of not for profit associations or not for profit corporations.
   PURCHASE AT RETAIL. To obtain for use or consumption in exchange for consideration, whether in the form of money, credits, barter or any other nature, and not for resale.
   RETAILER. Any person who sells or offers for sale, for use or consumption and not for resale.
(Prior Code, Art. 31, § 31.1)