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.
Permanent structure.
A structure affixed to the ground by means of a foundation system.
(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)
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)