§ 12-142. Definitions.

If a word or term used in this article is not contained in the following list, it shall have the definition provided for such word or term in the state food establishment rules, 25 Tex. Admin. Code §§ 229.161, 229.171, 229.173, and 229.175 et seq. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bed and breakfast home means a property with a structure existing on December 21, 1993, designed for and occupied as a single-family residence providing overnight accommodations to transient guests. The structure serves as the primary residence or homestead of its owner-operator, with the bed and breakfast home considered to be an accessory use under the city zoning regulations, and not the primary use of the property. The person who owns the property must also be the operator of the establishment.

Beverage means soft drinks, coffee, tea, water, citric acid beverages, or commercially packaged beverages.

Certified food manager means any person who has attended a certified food manager's class approved by the state department of health and who possesses a current food manager's certificate.

Change of ownership means a change of owner or operator of a food establishment business, and does not refer to a change of owner of the building where the business is located.

Commissary means a fixed food service establishment permitted and regularly inspected by the director.

Director means the sanitarian or other person designated by the city council to provide or direct the provision of food establishment permit and inspection services for the city and the director's authorized representatives.

Employee means any person manufacturing, packaging, producing, processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a food establishment.

Extensive remodeling means any type of construction of facilities and/or replacement of equipment of a food service establishment permitted by the city which:

(1)

Results in a final job cost of $10,000.00 or more;

(2)

Results in a significant modification of the operation or facilities of the establishment; and

(3)

Requires a building permit from the city.

Farmers' market means an outdoor, open-air operation of more than 14 days' duration but less than 180 days' duration vending unprocessed fresh fruits, vegetables or other produce.

Food means 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 means any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended, or otherwise handled. The term "food establishment" includes any such place regardless of the duration of the permit or whether there is a charge for the food. The term "food establishment" does not include private homes where food is prepared or served for guests and individual family consumption.

Food handler means any person who prepares, serves, packages or handles open food or drink, or who handles clean utensils, pots, pans or single service items.

Health department means the health department or individual designated by contract with the city to provide permitting and inspection services for food service establishments.

Mobile food unit means a vehicle-mounted food service operation designed to be readily movable.

Motel-hotel means any facility in which the public may, for consideration, obtain sleeping accommodations on a day-to-day basis, and shall include hotels, motels, tourist homes, houses, or courts, lodginghouses, bed and breakfast homes, and bed and breakfast inns, roominghouses, dormitories, and apartments occupied by transient residents.

Non-potentially hazardous food means all food that is not potentially hazardous food. The following list is exemplary of such food and shall not be construed to be exclusive of any other non-potentially hazardous food:

(1)

Popcorn;

(2)

Shelled, unshelled, raw or roasted nuts; and

(3)

Pretzels.

For a non-profit facility with a food service establishment, the director shall inspect the food establishment prior to the start of operations to determine compliance with the approved plans and specifications, the requirements of this article and the regulations of the state department of health.

Non-profit facility means:

(1)

All government entities and political subdivisions and public school districts.

(2)

Organizations chartered under the Texas Non-Profit Corporation Act.

(3)

Operations exempted by IRC section 501c.

Potentially hazardous food means a food that is natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. Potentially hazardous foods include an animal food (a food of animal origin) that is raw or heat-treated or a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, or garlic and oil mixtures.

Pushcart means a mobile food unit powered by human beings only. It shall not include a fixed or mobile unit solely intended for use as a mobile bar, accessory drink stand, or part of a service area or buffet line, if is part of or an extension of a fixed food or beverage facility operating under a food service establishment permit and it is located on the permitted premises.

Risk analysis means an analysis using commonly known public health risks to determine the degree of hazard a food establishment poses to the public.

Sanitizer means any chlorine, iodine, quaternary ammonium compound or other chemical sanitizing agent used at temperatures, pHs and concentrations in accordance with the EPA-approved manufacturer's use label and approved by the state board of health.

Servicing area means a designated area provided for the supplying, cleaning or serving of mobile units.

Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then discarded.

Temporary food service establishment means a food establishment that operates at a fixed location for not more than 14 consecutive days in conjunction with a single event or celebration.

Utensil means any implement used in the storage, preparation, transportation, or service of food.

Wholesale fish trucker means a person who, at other than a definite fixed place of business, sells or offers to sell or exchange fish or seafood to dealers or retailers, and at the time of such or offer to sell, delivers or offers to deliver the fish or seafood to the buyer.

(Code 1994, § 6.201; Ord. No. 372, § 1, 6-14-2004)