Unless otherwise expressly stated, the following words or terms, for purposes of this chapter, shall have the meanings indicated in this section:
ADULTERATED: The condition of food: a) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; b) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; c) if it consists in whole or in part of any putrid or decomposed substance, or if it is otherwise unfit for human consumption; d) if it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; e) if it is in whole or in part a product of a diseased animal, or an animal which has died otherwise than by slaughter; or f) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
APPROVED: Acceptable to the health inspector based on his determination as to conformance with appropriate standards of good public health practice.
AUTOMATIC FOOD VENDING MACHINE: Any mechanical container or device used for the sale of any beverage or article of food, the operation of which is governed or controlled by the deposit of a coin or token, or a container or device for dispensing prepackaged milk or ice whether operated by the deposit of a coin or token, self-service by the purchaser or by an attendant.
CLOSED: Fitted together snugly leaving no openings large enough to permit the entrance of vermin.
COMMERCIAL SPACE: Space leased to conduct business by agent, tenant or owner.
CORROSION RESISTANT MATERIAL: Material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may come into contact therewith.
EASILY CLEANABLE: Readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.
EMPLOYEE: Any person working in a food establishment or food vehicle or employed by any licensee under this chapter, who engages in food preparation or service, or who comes in contact with any food contact activities.
EQUIPMENT: All facilities in a food establishment used in operations involving food, except that utensils shall not be included as equipment. Equipment shall include, but not necessarily be limited to, stoves, ranges, hoods, meat blocks, tables, counters, bins, refrigerators, sinks, dishwashing machines, steam tables, automatic food vending machines and similar items.
FOOD: Any raw, cooked or processed edible substances, beverage or ingredient used or intended for use or sale in whole or in part for human consumption.
FOOD CONTACT ACTIVITY: Any activity involving the handling of, direct contact with, or close proximity to, either: a) food, except for food in sealed packages or containers; or b) utensils or equipment used for food; or c) any food contact surface.
FOOD CONTACT SURFACES: Those surfaces of equipment and utensils in a food establishment with which food normally comes in contact, and those surfaces of equipment and utensils with which food may come in contact and then drain back onto surfaces of equipment and utensils normally in contact with food.
FOOD DEALER: Every person engaged in conducting or operating any of the following businesses in the City: a) wholesale beverage dealers; b) fruit stores or establishments conducted or operated for the retail or wholesale sale of fresh fruits and berries; c) grocery stores or establishments conducted or operated for the sale at retail or wholesale of food; d) candy stores; e) meat markets or establishments conducted or operated for the retail or wholesale sale of fresh meat, poultry or fish; f) retail or wholesale soft drink dealers; and g) bakeries or any establishments conducted or operated for the mixing, compounding or baking for sale directly to the general public or to a food service establishment of any bread or breadstuffs, or any food product of which flour or meal is the principal ingredient; provided, however, that if such foodstuffs are baked in the kitchens of food service establishments or in private dwellings in ordinary stoves or ranges for consumption on such premises only, such places shall not be considered as bakeries; and provided, further, that notwithstanding anything herein contained to the contrary, the term "food dealer" shall not include food processing establishments and food service establishments as herein defined.
FOOD ESTABLISHMENT: Any place, establishment or operation where food is manufactured, processed, prepared, displayed, handled, served, transported, sold or offered for sale either at wholesale or retail, or kept or stored for any of these purposes, including, but not necessarily limited to, food dealers' operations, food service establishments and food processing establishments, all as defined herein.
FOOD PROCESSING ESTABLISHMENT: A commercial establishment in which food is processed, manufactured or otherwise prepared and packaged for human consumption.
FOOD REFRIGERATION LOCKER PLANT: Any food establishment wherein compartments are rented, leased or made available to anyone other than the owner of the establishments for the refrigeration of food, including any beverage used or intended for human consumption.
FOOD SERVICE ESTABLISHMENT: Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishments; private, public or nonprofit organization or institution routinely serving food; catering kitchens; commissary or similar places in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
FOOD VEHICLE: Any vehicle, including, but not limited to, wagons, motor vehicles and vehicles propelled by manpower, used for the storage, transportation, sale or serving of food. Unless otherwise expressly stated, food vehicles shall be subject to all applicable provisions of the regulations governing food establishments.
FROZEN DESSERT: Ice cream, water ices, frozen puddings or any food made wholly or in part of milk or cream and frozen.
FROZEN DESSERT ESTABLISHMENT: Any food establishment in the city that manufactures, sells, offers for sale or deals in frozen desserts.
KITCHENWARE: All multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.
MILK DEALER: Any person who processes, prepares, handles, serves, transports or sells milk, or who keeps, stores or offers milk for any of these purposes.
MISBRANDED: The presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable federal, state or local labeling requirements.
PERISHABLE FOOD: Any food of such type or in such condition as may spoil.
PERSON: Any natural individual, firm, trust, partnership, company, association or corporation, in his or its own capacity or as administrator, conservator, executor, trustee, receiver or other representative appointed by the court.
POTENTIALLY HAZARDOUS FOOD: Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell fish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
SAFE TEMPERATURES: As applied to potentially hazardous food, "safe temperatures" shall mean temperatures of forty degrees Fahrenheit (40°F) or below, and one hundred forty degrees Fahrenheit (140°F) or above.
SANITIZE: Effective bactericidal treatment of clean surfaces by a process which has been approved by the health inspector as being effective in destroying all microorganisms.
SEALED: Free of cracks or other openings which permit entry or passage of moisture.
SINGLE SERVICE ARTICLES: Cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping materials and all similar articles which are constructed in whole or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
TABLEWARE: All multiuse eating and drinking utensils, including flatware (knives, forks and spoons).
TEMPORARY FOOD SERVICE ESTABLISHMENT: Any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two (2) weeks, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
UTENSIL: Tableware and kitchenware used in the storage, preparation, conveying or serving of food.
WHOLESOME: In sound condition, clean, free from adulteration, and otherwise suitable for use as human food. (Ord. 0-77-13, 5-2-1977; amd. Ord. 0-01-36, 12-3-2001, eff. 12-13-2001; Ord. 0-05-23, 7-5-2005, eff. 7-17-2005)