5.40.010 DEFINITIONS.
   A.   EMPLOYEE. Any person who, with or without pay, works or handles food in a food-handling establishment or who offers food for sale.
   B.   FOOD. All articles used for food, drink, confectionery, or condiment, whether simple of compound, and all substances and ingredients used in the preparation thereof.
   C.   FOOD-HANDLING ESTABLISHMENT. Restaurants and food-selling and processing establishments, except that this chapter shall not apply to meat, milk, and poultry processing establishments, frozen food lockers, canneries and slaughterhouses inspected by Federal or state agencies, nor to such other plants and establishments for the packing, treatment and processing of agricultural products and crops of all kinds, including but without limiting the generality of the foregoing plants or establishments for the packing, treating, canning, freezing, dehydrating and other processing and packaging of agricultural products and crops, and the manufacture or other processing of by-products therefrom, where such plants or establishments and/or the products thereof are subject to inspection by Federal and/or state agencies, to insure that such products are in a good and sanitary state and condition and suitable for human consumption and which do not sell or deliver directly to the ultimate consumer.
   D.   FOOD SELLING AND PROCESSING ESTABLISHMENT. Any room, building, vehicle, facility, structure, or place or portion thereof, whether stationary, movable, permanent or temporary, which is maintained, used or operated for the purpose of commercially selling, storing, packaging, transporting, making, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food, or vendors servicing vending machines handling unwrapped, unbottled or unpackaged or readily perishable food. This does not include restaurants, tank trucks, fresh produce trucks, farm trucks or vehicles delivering only nonperishable food products in sealed, wrapped or bottled containers.
   E.   HEALTH OFFICER. The Health Officer of the City of Pinole, his or her medical deputies, his or her sanitarians, or his or her duly authorized representatives.
   F.   ITINERANT FOOD-HANDLING ESTABLISHMENT. One which operates for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
   G.   PERSON. Any individual, firm, copartnership, corporation, or association.
   H.   RESTAURANT. Any restaurant, coffee shop, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, vehicle and any other eating or drinking establishment which sells or offers food or drink for sale to the public, as well as kitchens in which food or drink is prepared on the premises for sale or distribution elsewhere.
   I.   UTENSILS. Includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, supplies or other equipment used for the storage, preparation, distribution or serving of food or drink. (Ord. 114 § 1, 1958).