§ 21-1 — Definitions

§ 21-1. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Confections means sweetmeats containing cane sugar, or its products such as molasses, and sugars such as grape, milk, maple, corn, and corn glucose syrups, eggs, butter, chocolate, spices, fruits, nuts, and agar, together with flavoring and coloring extracts. (2) Director means the Director of the City-County Health Department or his designated representative. (3) Food or food products means any article used for food, drink, confectionery, or condiment by man or animal, whether the same be simple, mixed or compound. (4) Food service establishment means any permanent, temporary or mobile establishment including any restaurant, caterer, buffet, lunchroom, grill room, lunch counter, tavern, dining room of a hotel/motel, coffee shop, cafeteria, sandwich shop, soda fountain, in-plant feeding establishment, private club, school feeding facility (when applicable), institutional feeding establishment (when applicable), tea room, theater refreshment stand, grocery store, meat market, retail bakery store, delicatessen, bottle club, or any other establishment where food or drink is prepared, served, kept or stored for retail sale. (5) Food service establishment, Class A means a place of business where customers are seated and served, primarily engaged in the preparation and sale of food and beverages for consumption on the premises. Any facilities for carryout shall be clearly subordinate to the principal use of providing foods for consumption on the premises. Typical uses include restaurants, cafeterias, short-order eating places, coffee and tea shops. (6) Food service establishment, Class B means a place of business primarily engaged in the preparation and sale of food and beverages for both on-and off-premises consumption. Typical uses include fast-food restaurants, carryout, drive-ins, and delicatessens. All restaurants with drive-through service are considered fast-food restaurants. (7) Food service establishment, Class C means a place of business which sells ready-to-eat foods, primarily for consumption off the premises. A carryout restaurant that has more than limited seating (12 or fewer seats), or more than 150 square feet of patron area, shall be deemed a restaurant. Typical uses include restaurants, theater concessions, delicatessens, coffee and tea shops. (8) Food service establishment, Class D means a place of business which is a free-standing kiosk located either inside or outside an existing structure, primarily engaged in the sale of prepared food and beverages that require minimal food preparation for off-premises consumption, with no dedicated seating. Typical uses include the sale of cookies, pretzels, beverages, hot and/or cold food stuffs, or frozen food products. (9) Food service establishment, Class E means a place of business primarily engaged in the retail sale of various goods that includes the sale of pre-packaged food and beverages for on and/or off premises consumption, and includes any retailer not meeting the requirements of Class A, B, C or D. Typical uses include grocery stores, convenience stores, drug stores, candy stores, theater concessions, food service establishments, drinking establishments, and automotive service stations. (10) Human consumption means the consumption or use by human beings of articles or products created artificially or by nature, which are or can be taken internally, orally or otherwise, or which may be applied externally to the body. (11) Kiosk means a freestanding retail food business located inside or outside an existing structure that sells beverages, frozen desserts, food products, and/or bakery goods for consumption off the premises, and that provides no seating. (12) Prepackaged means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food service establishment or a food processing plant. It does not include a wrapper, carryout box, or other non-durable container used to facilitate food protection during service and receipt of the food by the consumer. (13) Remodel means the reconstruction, reshaping or reformation of a building used for the production for sale, manufacture for sale, storage, sale distribution or transportation of food necessitating the expenditure of a sum in excess of 50 percent of the value of such building exclusive of the land. (14) Restaurant means a facility engaged in the preparation and sale of food for consumption on the premises. The term shall not include facilities which provide minimal food sales and where the intent is not to consume on the premises. (15) Restaurant, carryout means a retail food service business, which sells ready-to-eat foods, primarily for consumption off the premises. A carryout restaurant that has more than limited seating (12 or fewer seats), or more than 150 square feet of patron area, shall be deemed a restaurant. (16) Vehicle means any wagon, cart, automobile, truck, pushcart, or any other mobile equipment.

(Code 1970, § 16-1; Ord. No. 15972, § 1, 9-16-80; Code 1980, § 21-1; Ord. No. 19337, § 1, 1-2-90; Ord. No. 21975, § 1, 6-4-02)