§ 8.04.010. Definitions.

For the purpose of this chapter, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

Whenever any words or phrases used in this chapter are not defined herein but are defined in state acts, laws or codes, the definitions in such acts, laws or codes are incorporated in this chapter as though set forth herein in full and shall apply to such words and phrases used but not defined herein.

"Food and drink establishment" means any building, room or portion thereof, where food or drink intended for human consumption is cooked, mixed, prepared, served, sold, offered for sale, or given away at a fixed place or location.

"Food concession" means any person or organization who engages in the business or practice of serving food or drink at public events, circuses, fairs, or demonstrations for periods of less than one week duration. It also includes food demonstrators engaged in offering or serving without charge to the consumer, unpackaged bulk food to the public for the purpose of publicizing, advertising or promoting the sale of food, food products or food equipment. Food demonstrators shall not include any person operating a food vehicle that is otherwise under a public health permit and for which a valid permit has been obtained.

Food Market, Retail. "Retail food market" means any retail delicatessen, retail fruit and vegetable market, retail fish market, grocery store, retail meat market, retail packaged food store, or a combination of the above, or any place, or establishment where bakery products, meats, fish, shellfish, seafood, poultry, preserves, jelly, relish, creamed cheese, fruit, vegetables, or any other foods or food products, or beverages, whether in bulk, canned, wrapped, bottled, packaged, or in any other form, are sold or kept for sale at retail for consumption on premises other than where sold. Retail food market, however, shall not include any food salvager" as defined in this chapter.

"Food processing establishment," as used in this chapter, means any room, building, or place, or portion thereof, maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, or otherwise preparing or handling food or drink provided, however, that for fee purposes the term "food processing establishment" shall not include an establishment otherwise specifically mentioned in this chapter.

"Retail food vehicle" means any bakery distributor vehicle, fish peddler vehicle, food salvage distributor vehicle, fruit and vegetable vehicle, grocery distributor vehicle, industrial catering vehicle, itinerant restaurant vehicle, independent ice distributor vehicle, independent milk distributor vehicle, or the combination of the above, or any vehicle not a processor-owned delivery vehicle from which animal food, bakery products, fish, shellfish, seafood, fruit, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, food or food products, ice, or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer. Vehicles used by a fixed location food market or restaurant having a valid license under this chapter to deliver food products from the licensed establishment to other locations shall not be required to have a separate permit under this chapter.

"Food vending machine" means any self-service device offered for public use, which upon the insertion of coins or tokens, or by other means dispenses unit servings of food, or drink, either in bulk, cups, or in packages, without the necessity of replenishing the device between each vending operation. For purposes of this chapter, however, "food vending machine" shall not include vending machines that dispense, exclusively, bottled drinks, gum, candy or other not readily perishable food when it is determined by the health officer that such vending machines do not require routine inspection for the protection of the public health. "Food vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed or operated.

"Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, temporary refreshment stand, soda fountain, private school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans club, boardinghouse, or guesthouse, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. "Restaurant" does not include vending machines, vehicles, cooperative arrangement by employees who purchase food or beverages for their own consumption and where no employee is assigned full time to care for or operate equipment used in such arrangement, or private homes; nor does the term "restaurant" include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full time to care for or operate equipment used in such arrangement.

(Ord. 920 § 1, 1967: prior code § 7-001)