A. “Food” means any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection, or condiment for human consumption.
B. “Food facility” for the purposes of this Chapter, includes the following:
1. “Commissary” means a food establishment in which food, containers, equipment, or supplies are stored or handled for use in mobile food facilities, mobile food preparation units, stationary mobile food preparation units.
2. “Food establishment” means any room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food at the retail level. “Food establishment” includes a restricted food service transient occupancy establishment, as defined herein.
3. “Mobile food preparation unit” means any mobile food facility or portable food service unit upon which food is prepared for service, sale, or distribution at retail.
4. “Mobile food vehicle” means any vehicle from which prepackaged or approved unpackaged foods are sold or offered for sale at the retail level. Shall not include a vehicle from which only ice cream or produce is sold or offered for sale.
5. “Restricted food service transient occupancy establishment” means an establishment of twenty guest rooms or less, that provides overnight transient occupancy accommodation, that serves food only to its registered guests, that serves only a breakfast or similar early morning meal, and no other meals, and with respect to which the price of food is included in the price of the overnight transient occupancy accommodation.
a. “Restricted food service transient occupancy establishment”, notwithstanding Subsection B5 of this Section, may serve light foods or snacks presented to the guest for self-service.
b. “Restricted food service occupancy establishment”, for purposes of this Section, refers to an establishment as to which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest. For purposes of this Section, the existence of some other legal relationships as between some occupants and the owner or operator shall be immaterial.
6. “Stationary mobile food preparation unit” means a mobile food preparation unit which operates at a State, county, district, or citrus fair or any approved occasional event and which remains in a fixed position during food preparation and its hours of operation. (Ord. C-7581 § 1, 1998).

Notwithstanding the definitions contained in Section 8.45.010, a food facility shall not include the following:
A cooperative arrangement wherein no permanent facilities are used for storing or handling food, or private home, church, private club, or other nonprofit association that gives or sells food to its members and guests at occasional events, or a for-profit entity that gives or sells food at occasional events, for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition for participating in the event. (Ord. C-7581 § 1, 1998).

“Food facility inspection report” means the written notice prepared and issued by the City, Department of Health and Human Services, after conducting an inspection of a food facility to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations or directives relating to the public health. (Ord. C-7581 § 1, 1998).

“Inspection summary report” means a report that shall be posted by the Director of Health and Human Services or his/her designee at a food facility upon completion of a routine inspection that indicates a summary of the findings contained in the food facility inspection report as determined by the Director of Health and Human Services or his/her designee. For the purposes of this provision, a food facility shall include a food facility operating in conjunction with a food processing establishment. Nothing in this provision shall prohibit the Director of Health and Human Services or his/her designee from immediately closing any food facility if, in his or her discretion, immediate closure is necessary to protect the public health. (Ord. C-7581 § 1, 1998).

“Notice of closure” means a notice that may be posted by the Director of Health and Human Services or his/her designee at a food facility upon suspension or revocation of the establishment’s public health permit and that results in the immediate closure of the facility and the discontinuance of all operations of the food facility, by order of the Director of Health and Human Services or his/her designee because of violations of applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. (Ord. C-7581 § 1, 1998).

“Routine inspection” means a periodic, unannounced inspection of any food facility to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by the Director of Health and Human Services or his/her designee to determine compliance with a previously issued food facility inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. (Ord. C-7581 § 1, 1998).

A. Upon issuance by the director of health and human services or his/her designee, the director of health and human services or his/her designee shall post at every food facility the inspection summary report, as determined by the director of health and human services or his/her designee, so as to be conspicuous to the general public and to patrons entering or using the food facility. “Conspicuous to the general public and to patrons” shall mean:
1. Posted on the front door or in the front window of the facility within five feet (5’) of the front door;
2. Posted in a display case mounted on the outside front wall of the facility within five feet (5’) of the front door; or
3. Posted in a location as directed and determined in the discretion of the director of health and human services or his/her designee to ensure proper notice to the general public and to patrons.
B. In the event that a food facility is operated in the same building or space as a separately licensed or permitted business, or in the event that a food facility shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the director of health and human services or his/her designee shall post the inspection summary report, in the initial patron contact area, or in a location as determined in the discretion of the director of health and human services or his/her designee.
C. The inspection summary report shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food facility unless the inspection summary report is in place as set forth in this section. Removal of the inspection summary report is a violation of this chapter and may result in the suspension or revocation of the public health permit and may be punishable as specified in section 8.45.100.
D. The food facility inspection report upon which the inspection summary report is based and all subsequent reports issued by the director of health and human services or his/her designee shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request. The food facility shall keep the food facility inspection report and all subsequent reports until such time as the director of health and human services or his/her designee completes the next routine inspection of the facility and issues a new food facility inspection report. (Ord. C-7581 § 1, 1998).

The inspection summary report shall remain valid and posted until the director of health and human services or his/her designee completes the next routine inspection of the food facility. (Ord. C-7581 § 1, 1998).

A. Upon issuance of a written notice of suspension or revocation of the public health permit by the director of health and human services or his/her designee, the director of health and human services or his/her designee shall post a notice of closure at the food facility so as to be clearly visible to the general public and to patrons.
B. Upon issuance of the written notice of suspension or revocation of the public health permit by the director of health and human services or his/her designee, the food facility shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the director of health and human services or his/her designee or until the facility no longer operates as a food facility.
C. The notice of closure shall remain posted until removed by the director of health and human services or his/her designee. Removal of the notice of closure by any person other than the director of health and human services or his/her designee or the refusal of a food facility to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food facility’s public health permit and may be punishable as specified in section 8.45.100. (Ord. C-7581 § 1, 1998).

Notwithstanding any other provision of this chapter, violation of this chapter is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense. (Ord. C-7581 § 1, 1998).

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. C-7581 § 1, 1998).