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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B11-53. Definitions of regulated food facilities and activities.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B11-53. Definitions of regulated food facilities and activities.

The activities defined within this section require a permit to be issued by the Director.

(a) Bakery means any room, building, premises, or place that is used or operated for commercial baking, preparing, manufacturing, processing, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled.

(b) Bed and breakfast facility means a food establishment of 20 guestrooms or less, which provides overnight transient occupancy accommodations, which serves food only to its registered guests, which serves only a breakfast or similar early morning meal, and with respect to which the price of the food is included in the price of the overnight transient occupancy accommodation. For purposes of this section, bed and breakfast facility 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 relationship as between some occupants and the owner or operator is immaterial.

(c) Certified farmers' market means a location certified by the County Agricultural Commissioner and operated as specified in Article 6.5 (commencing with Section 1392) of Title 3 of the California Code of Regulations.

(d) Commissary means a food facility in which food, containers, equipment, or supplies are stored or handled for use in food establishments, vehicles, mobile food preparation units, food carts, or vending machines.

(e) Confectionery means a food facility wherein prepackaged confections are the only food items offered for sale and where the total retail value of all confections held on site exceeds $500.00.

(f) Facilities held in common means equipment or facilities used in common by two or more food facilities whether owned in common or owned by another party.

(g) 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 bakeries, restaurants and grocery stores as defined elsewhere in this chapter.

(h) Food establishment does not include a food vehicle, vending machine, satellite food distribution facility, temporary food facility, remote access food facility, certified farmers' market, or mobile food preparation unit; a cooperative arrangement wherein no permanent facilities are used for storing or handling food; a private home; or a church, private club, or other nonprofit association which gives or sells food at occasional events.

(i) Food facility means food establishment, food vehicle, vending machine, roadside stand, temporary food facility, satellite food distribution facility, mobile food preparation unit, and remote access food facility. Food facility also includes places used in conjunction with these operations, including but not limited to storage facilities for food-related utensils, equipment and materials.

(j) Food salvage operation means any room, building or place, or site, or portion thereof, maintained, used or operated for or in conjunction with the retail sale of:

(1) Food in dented, broken, or otherwise damaged cans, bottles, packages, or containers; or

(2) Food which has been removed from its original container or package because of damage to the container or package.

(k) Grocery store means any room, building or place, or portion thereof, maintained, used or operated for or in conjunction with the retail sale of staple food stocks, meats and other foods, and household supplies by a retail grocer.

(l) Health food store means a food facility which sells at retail food products which may include, but are not limited to, vitamins, minerals, food additives, herbal remedies, organic foods or similar food products which are represented to be highly beneficial to health.

(m) Ice cream vehicle means any mobile food facility upon which packaged ice cream products, and prepackaged snack food and drink incidental thereto, are displayed, sold or offered for sale at retail.

(n) Limited food sales means a food facility wherein the sale of food is incidental to the primary business activity subject to the following categories of operation:

(1) Category I. All food is nonpotentially hazardous and limited to prepackaged and bulk candy and snacks, and prepackaged beverages, and where the total retail value of all food held on site exceeds $500.00.

(2) Category II. Food sales may include potentially hazardous food sold only in a prepackaged state.

(3) Category III. Food sales extending beyond the foregoing description will be considered as food establishments as otherwise defined in this chapter.

(o) Liquor store means a food facility wherein the primary sales item is alcoholic and nonalcoholic beverages, and where all items are prepackaged and nonpotentially hazardous except as provided below:

(1) Category I. Food sales may include potentially hazardous food sold only in a prepackaged state.

(2) Category II. Food sales extending beyond Category I will be considered as food establishments as otherwise defined in this chapter.

(p) Mobile food facility means any conveyance, used in conjunction with the service of food or beverage, operating out of a commissary or other approved facility, upon which prepackaging food or approved non-prepackaged food is sold or offered for sale at retail. Mobile food facility does not include a mobile food preparation unit or a stationary mobile food preparation unit.

(q) Mobile food preparation unit means any vehicle, or portable food service unit, upon which food is cooked, wrapped, packaged or portioned for service, sale or distribution.

(r) Non-motorized food vehicle means any vehicle, without a motor, which is no longer than ten feet in length, as measured from the most forward and rearward projection of any part of the vehicle, upon which only one kind or type of specialty food item is displayed, sold or offered for sale at retail, or given away to the public.

(s) Occasional event means an event that occurs not more than three days in any 90-day period.

(t) Produce stand means a food establishment which has one side open to the outside air during business hours and which sells, offers for sale, or gives away only produce or shell eggs, or both.

(u) Produce vehicle means any mobile food facility upon which fruits or vegetables in their raw or natural state are displayed, sold or offered for sale.

(v) Remodeling means to restore to previous condition or to repair or reconstruct. For purposes of this chapter, when fixed or installed equipment or appurtenances are changed or replaced, the change or replacement must first be approved by the Director.

(w) Remote access food facility means a food operation that has, but not limited to, food, or beer, or soft drink stand or cart selling only a single, specialty item, and operated on the same premises as, and in conjunction with, one of the food activities permitted herein. Both the remote access food facility and the parent food facility must be under the same ownership.

(x) Restaurant means any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, delicatessen, soda fountain, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse, guesthouse, or political subdivision, 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.

(y) Satellite food distribution facility means a location where only prepackaged, unit servings of food are distributed which have been prepared or stored in an approved food facility operated by a school, governmental agency, or nonprofit organization.

(z) Vending machine means any self-service device which, upon insertion of a coin, coins, or token, or by similar means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation; provided, however, that vending machine does not include devices dispensing peanuts, wrapped candy, gum or prepackaged ice, soda or juices.

(aa) Vending machine commissary means any room, building, or place, or site, or portion thereof, maintained, used or operated for the storage of equipment and/or food used in conjunction with the retail sale of food from vending machines.

(bb) Wholesale food processing establishment means any room, building or place or portion thereof, maintained, used or operated for the purpose of commercially packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food for wholesale purposes.

(cc) Wholesale food storage establishment means any room, building or place or portion thereof, maintained, used or operated for the purpose of commercially storing food for wholesale purposes but does not include wholesale food processing establishment.

(Ord. No. NS-517.72, § 2, 4-15-03)