(A) The term FOOD ESTABLISHMENT means an operation that:
(1) Sells, stores, prepares, packages, serves or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and
(2) 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.
(B) The term 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 regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, stationary, temporary or permanent facility or location; where consumption is on or off premises; and regardless of whether there is a charge for the food.
(C) The term does not include a produce stand that only offers whole, uncut fresh fruits and vegetables or an establishment that offers only prepackaged foods that are not potentially hazardous; except that, the term does include an establishment that sells ice cream, frozen custard, soft serve dairy products, gelato or other frozen desserts.
(Ord. 2016-06, passed 8-16-2016)