The following definitions shall apply in the enforcement of
this division:
Food.
Any raw, cooked or processed edible substance, ice, beverage
or ingredient used or intended for use or for sale in whole or in
part for human consumption.
Food establishment.
All places where food or drink is manufactured, packaged,
produced, processed, transported, stored, sold, commercially prepared,
or otherwise handled, whether offered for sale, given in exchange
or given away for use as food or furnished for human consumption.
The term does not apply to private homes where food is prepared or
served for guest and individual family consumption. The location of
commercially packaged single-portion non-potentially hazardous snack
items and wrapped candy, sold over the counter, is excluded.
Mobile food unit.
A vehicle-mounted food service establishment designed to
be readily movable.
(2001 Code, sec. 4.1301)
Any person, firm or corporation who violates any of the provisions of this division, or fails to comply with any requirement hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code for each such violation. Each day that any violation of any provision of this division continues is expressly declared to constitute a distinct and separate offense.
(2001 Code, sec. 4.1307)
It is unlawful for any person, partnership, firm or corporation
to sell food outside of a permanent structure without first obtaining
a food vendor permit from the city.
(2001 Code, sec. 4.1302)
The requirements for obtaining a food vendor permit shall be
as follows:
(1) The
applicant shall give the name and address and phone number of each
salesperson, and every officer of the corporation.
(2) The
applicant shall present a site plan of the proposed location designating
the location of the sales facility, available parking, and entrances
and exits for vehicles. In the case of mobile food units proposing
to stop at multiple locations for periods of fifteen minutes or more,
a site plan shall be presented for each location.
(3) The
applicant shall show written permission of the landowner to use the
property as requested.
(4) Each
applicant must show that restroom facilities are conveniently available
to employees and that such facilities meet the requirements for such
facilities as established by the county health department.
(5) The
proposed site of the business shall be in areas zoned commercial or
industrial or privately or publicly owned parks or recreational areas.
(6) The
permit shall be for one site only.
(7) Permits
for seasonal businesses, such as flavored ice, shall be issued for
a maximum of four consecutive months.
(8) Permits
for special events shall be issued for a period not to exceed two
weeks and shall not be issued to the same applicant for the same location
greater than two times per year.
(9) The
site and/or facility shall be inspected and approved by the police
department, fire department, building inspection department and zoning
administration department, in addition to any other inspections required
by state and/or county regulations.
(10) The facility shall be inspected and approved by the county health department. A current inspection sticker issued by the county health department shall be presented and displayed at all times. The facility and its operation shall comply with the requirements of article
6.05, the model food ordinance.
(11) A facility which remains closed for a period of two consecutive weeks
shall be deemed to be abandoned, and such facility shall be removed
from the property immediately.
(12) Mobile food units proposing to travel a route throughout the city shall be exempt from subsections
(3),
(4),
(5) and
(6) of this section. Mobile food units proposing to remain in one or more locations in the city for fifteen minutes or greater must comply with all the requirements of this division.
(13) The application fee shall be as set forth in the fee schedule in appendix
A of this code, in addition to any other fees applicable through city ordinance or health authority regulations to the operation of a food establishment.
(2001 Code, sec. 4.1303)
Sale of alcoholic beverages shall be regulated in conformity
with the state, county and municipal laws regulating alcoholic beverage
sales.
(2001 Code, sec. 4.1304)
This division shall not apply to outdoor table sales of baked
goods by a nonprofit organization. Such sale shall prominently display
the name of such nonprofit organization and shall be limited to a
period of three consecutive days in any six-month period.
(2001 Code, sec. 4.1305)
This division shall not apply to outdoor table service in conjunction
with, and on the same property as, a food establishment housed in
a permanent structure, which possesses valid health and occupancy
permits.
(2001 Code, sec. 4.1306)