Sec. 13-3. - 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:
Adulterated shall mean the condition of a food:
(1) If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
(2) If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established;
(3) If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;
(4) 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;
(5) If it is in whole or in part the product of a diseased animal, or an animal which had died otherwise than by slaughter; or
(6) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
Bed and breakfast extended shall mean an establishment with more than seven (7) rooms for rent or an establishment that provides food service other than breakfast to overnight guests.
Bed and breakfast food establishment shall mean a bed and breakfast that provides food service to customers in addition to its overnight guests.
Bed and breakfast limited shall mean an establishment that has seven (7) or fewer rooms for rent, serves breakfast to overnight guests and is not a retail food establishment.
Charitable feeding shall mean the provision of food to individuals without charge, payment, or other compensation to benefit those in need at an outdoor location not owned, leased or controlled by the individual or organization providing food.
City shall mean the City of San Antonio, Texas.
Current permit is one (1) which is current, valid, unsuspended and unrevoked.
Department shall mean the health department of the city also known as the San Antonio Metropolitan Health District.
Director shall mean the director of the health department of the city or their authorized designee.
Downtown business district shall have the same meaning as set out in the Unified Development Code of the city.
Event sponsor/coordinator shall mean the organizer, sponsor or coordinator for a special event with two (2) or more temporary food establishments. The event sponsor/coordinator shall be responsible for submission of all applications and fees to the department on behalf of event participants, and shall have oversight of event participants.
Farmers market shall mean a location certified by the Texas Department of Agriculture or the Texas Certified Farmer's Market Association used primarily for the distribution and sale of raw agricultural products grown by farmers or for the distribution and sale of custom processed agricultural products made by agricultural producers from their agricultural products which are sold directly to consumers and such products meet all applicable federal, state, and local health laws regulating their manufacture and sale.
Farmers market/flea market/trade show food establishment shall mean a food establishment which is operated only at a farmers market and/or a flea market and/or a trade show and where only a sample of the food or foods is provided to the consumer.
Flea market shall mean a location either indoors or outdoors with or without structures in compliance with all building, zoning and other requirements of the city where persons including farmers sell a variety of goods which may include whole uncut fresh fruits and vegetables and prepackaged food products directly to consumers.
Food establishment shall mean an operation that stores, prepares, packages, serves, or vends food directly to the customer, or otherwise provides food for human consumption:
(1) Such as a restaurant; 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; vending machine location; self-service food market, 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.
Food establishment includes:
(1) 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; and
(2) An operation that is conducted, in a mobile, stationary, temporary, or permanent facility or location and where consumption is on or off the premises; regardless if there is a charge for the food.
For the limited purpose of permits, food establishment shall not include:
(1) A food establishment, mobile food establishment or temporary food establishment that offers only whole, uncut fresh fruits or vegetables;
(2) A bed and breakfast limited;
(3) Charitable feeding;
(4) A cottage food production operation;
(5) A food establishment that offers only prepackaged foods that are not TCS foods; or
(6) A school cafeteria that is operated by an independent school district or non-profit contractor.
Food vendor shall mean any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot.
Inspector shall mean an authorized representative of the director.
Jurisdictional limits of this city includes all of the area within the corporate limits of the city but exclusive of that part of such territory which lies within the corporate limits of another city, town or village.
Liquid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice.
Mobile food court shall mean property where multiple mobile food establishments are allowed to operate pursuant to rules set out in this chapter and consistent with chapter 35 of the City Code.
Processing shall mean any operation or combination of operations whereby dead animals, dead fowl, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter is prepared for disposal at a rendering establishment, stored, or is treated for commercial use or disposition other than as food for human consumption.
Processing area shall mean any area in which processing is conducted.
Produce shall mean any whole uncut raw fruit, raw vegetable, raw nuts in the shell, raw herbs used in food, and raw spices.
Rendering business shall mean the collection or rendering, or boiling, or refining, or storing pending further processing or disposal at a rendering establishment of dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter, or the transportation of such matter to and disposal at a rendering establishment, either as a separate business or in connection with any other established business.
Rendering establishment shall mean any establishment, plant, or premises at or within which dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter is rendered, boiled, processed, or otherwise prepared to obtain a product for commercial use or disposition other than as food for human consumption.
Sample shall mean a food product promotion where only a bite-sized portion of food is offered free of charge to demonstrate its characteristics and shall not consist of a whole meal, an individual portion, or a whole sandwich.
School food establishment shall mean a food establishment operated by a person who contracts with a school to provide food services on a for profit basis where food is prepared and intended for service primarily to students attending schools, including kindergarten, preschool and elementary schools, junior high schools, high schools, colleges and universities. A school food establishment is a food establishment and may include concession stands located on the school premises or other school-sponsored venues.
Servicing area shall mean an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as discharging liquid or solid wastes and refilling water tanks. No food preparation, service or utensil/warewashing is conducted at a servicing area.
Special event shall mean an event that is sponsored or recognized or organized by an organization such as a neighborhood association, religious group, cultural group, political party, church, school, sports team, fraternal organization, non-profit group/organization, city, county, state, or federal government or an organized mass gathering of people such as a concert, sporting event, trade show, flea market, farmers market, carnival, circus, or other similar type of show or celebration, or a celebration or gathering which may be based around a specific calendar date which is recognized by the federal, state, county or city government as a holiday or celebratory day or by an abovementioned group or organization, or an event approved by the director.
Temporary food establishment shall mean a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single special event or celebration.
Terminal market area shall mean the area within the boundaries of S. Laredo on the north, Elmendorf on the west, Ceralvo on the south and Navidad on the east.
Time and temperature control for safety food (TCS food) shall mean a food requiring time and temperature control for safety to limit pathogen growth or toxin production. The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness. A TCS food may include a food containing protein and moisture and that is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products; pasteurized and unpasteurized milk and dairy products; raw seed sprouts; baked goods that require refrigeration, including cream or custard pies or cakes; and ice products. The term does not include a food using TCS food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.
Trade show shall mean an exhibition organized so that individuals and companies in a specific industry can showcase and demonstrate their latest products and/or services.
Vehicle shall mean every device in, upon, or by which any food is or may be transported, pushed or drawn.
Vend shall mean the act of dispensing food by a person from a mobile food establishment or afoot within or without a building and shall include for the purpose of this article the act of offering to give away and to give away any substances intended for use as food.
(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08; Ord. No. 2010-02-04-0096, § 1, 2-4-10; Ord. No. 2012-05-17-0355, § 2, 5-17-12; Ord. No. 2013-04-11-0258, § 2, 4-11-13; Ord. No. 2014-08-07-0539, § 2, 8-7-14; Ord. No. 2015-12-17-1066, § 2, 12-17-15; Ord. No. 2016-03-03-0163, §§ 1, 2, 3-3-16; Ord. No. 2018-09-13-0713, § 1(Att. C.1), 9-13-18; Ord. No. 2025-09-18-0629, § 2(Att. D), 9-18-25; Ord. No. 2026-09-03-0523, § 2, 9-3-26)
