§ 13-3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adulterated shall mean the condition of a food:
(1)
If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
(2)
If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established;
(3)
If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;
(4)
If it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(5)
If it is in whole or in part the product of a diseased animal, or an animal which had died otherwise than by slaughter; or
(6)
If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
Charitable feeding shall mean the provision of food to individuals without charge, payment, or other compensation to benefit those in need at an outdoor location not owned, leased or controlled by the individual or organization providing food.
City shall mean the City of San Antonio, Texas.
Corn roaster shall mean a rotisserie type of oven mounted on a vehicle, trailer, or pushcart that is designed to cook whole ears of corn with the shucks in place.
Current permit is one which is current, valid, unsuspended and unrevoked.
Department shall mean the health department of the city or the San Antonio Metropolitan Health District.
Director shall mean the director of the health department of the city and the health authority for the San Antonio Metropolitan Health District.
Downtown business district shall have the same meaning as set out in the Unified Development Code of the city.
Event sponsor/coordinator shall mean the organizer, sponsor or coordinator for a special event with two (2) or more temporary food establishments. The event sponsor/coordinator shall be responsible for submission of all applications and fees to the department on behalf of event participants, and shall have oversight of event participants.
Farmers market shall mean a location certified by the Texas Department of Agriculture or the Texas Certified Farmer's Market Association used primarily for the distribution and sale of raw agricultural products grown by farmers or for the distribution and sale of custom processed agricultural products made by agricultural producers from their agricultural products which are sold directly to consumers and such products meet all applicable federal, state, and local health laws regulating their manufacture and sale.
Farmers market/flea market/trade show food establishment shall mean a food establishment which is operated only at a farmers market and/or a flea market and/or a trade show and where only a sample of the food or foods is provided to the consumer.
Flea market shall mean a location either indoors or outdoors with or without structures in compliance with all building, zoning and other requirements of the city where persons including farmers sell a variety of goods which may include whole uncut fresh fruits and vegetables and prepackaged food products directly to consumers.
Food establishment shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
(1)
Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
(2)
That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Food establishment includes:
(1)
An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority;
(2)
An operation that is conducted afoot, in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food;
(3)
An establishment that offers only prepackaged foods that are not potentially hazardous (referred to herein as a Tier 1A for fee purposes) or an establishment selling prepackaged potentially hazardous and prepackaged non-potentially hazardous foods with limited open handling of non-potentially hazardous foods (referred to herein as a Tier 1B for fee purposes);
(4)
A food processing plant; and
(5)
A bed and breakfast limited, bed and breakfast extended and bed and breakfast food establishment facility as defined in the Texas food establishment rules.
For the limited purpose of permits, food establishment shall not include:
(1)
A food establishment that vends only whole, uncut fresh fruits or vegetables;
(2)
A mobile food establishment that vends only whole, uncut fresh fruits or vegetables;
(3)
A temporary food establishment that vends only whole, uncut fresh fruits or vegetables; or
(4)
A temporary food establishment that only gives away pre-packaged, non-potentially hazardous foods.
Food handler shall mean a person, regardless of age, engaged in the preparation, handling or vending of food.
Food vendor shall mean any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot.
Inspector shall mean an authorized representative of the director.
Jurisdictional limits of this city includes all of the area within the corporate limits of the city but exclusive of that part of such territory which lies within the corporate limits of another city, town or village.
Liquid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice.
Mobile food court shall mean property where multiple mobile food establishments are allowed to operate pursuant to rules set out in this chapter and consistent with chapter 35 of the City Code.
Processing shall mean any operation or combination of operations whereby dead animals, dead fowl, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter is prepared for disposal at a rendering establishment, stored, or is treated for commercial use or disposition other than as food for human consumption.
Processing area shall mean any area in which processing is conducted.
Produce shall mean any whole uncut raw fruit, raw vegetable, raw nuts in the shell, raw herbs used in food, and raw spices.
Rendering business shall mean the collection or rendering, or boiling, or refining, or storing pending further processing or disposal at a rendering establishment of dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter, or the transportation of such matter to and disposal at a rendering establishment, either as a separate business or in connection with any other established business.
Rendering establishment shall mean any establishment, plant, or premises at or within which dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter is rendered, boiled, processed, or otherwise prepared to obtain a product for commercial use or disposition other than as food for human consumption.
Sample shall mean a food product promotion where only a bite-sized portion of food is offered free of charge to demonstrate its characteristics and shall not consist of a whole meal, an individual portion, or a whole sandwich.
School food establishment shall mean a food establishment in a school which is operated by a public school district or in a private school operated by a non-profit organization where food is prepared and intended for service primarily to students in kindergarten, elementary schools, junior high schools, and high schools. The term does not include food establishments within a school where the school contracts for the provision of food services from a for-profit provider.
Servicing area shall mean an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as discharging liquid or solid wastes and refilling water tanks. No food preparation, service or utensil/warewashing is conducted at a servicing area.
Simple snow cone or simple raspa shall mean a food item consisting of crushed ice which was purchased pre-crushed from a licensed processor that is covered or mixed with syrup which was prepackaged from an approved source.
Snow cone/shaved ice/raspa shall mean a food item prepared from block or cubed ice by a shaving process that is covered or mixed with a syrup that may be prepared by the operator in a central preparation facility or on the mobile food establishment, or be purchased prepackaged.
Special event shall mean an event that is sponsored or recognized or organized by an organization such as a neighborhood association, religious group, cultural group, political party, church, school, sports team, fraternal organization, non-profit group/organization, city, county, state, or federal government or an organized mass gathering of people such as a concert, sporting event, trade show, flea market, farmers market, carnival, circus, or other similar type of show or celebration, or a celebration or gathering which may be based around a specific calendar date which is recognized by the federal, state, county or city government as a holiday or celebratory day or by an abovementioned group or organization, or an event approved by the director.
Sticker shall mean a decal issued by the director that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile food establishment.
Temporary food establishment shall mean a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single special event or celebration, and shall also include an establishment that is granted an exemption by the director to operate for up to twenty-one (21) consecutive days of operation.
Terminal market area shall mean the area within the boundaries of S. Laredo on the north, Elmendorf on the west, Ceralvo on the south and Navidad on the east.
Trade show shall mean an exhibition organized so that individuals and companies in a specific industry can showcase and demonstrate their latest products and/or services.
Vegetable and fruit vendor shall mean any food vendor dispensing farm fresh produce from a mobile food establishment.
Vehicle shall mean every device in, upon, or by which any food is or may be transported, pushed or drawn.
Vend shall mean the act of dispensing food by a person from a mobile food establishment or afoot within or without a building and shall include for the purpose of this article the act of offering to give away and to give away any substances intended for use as food.
(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08; Ord. No. 2010-02-04-0096, § 1, 2-4-10; Ord. No. 2012-05-17-0355, § 2, 5-17-12; Ord. No. 2013-04-11-0258, § 2, 4-11-13; Ord. No. 2014-08-07-0539, § 2, 8-7-14; Ord. No. 2015-12-17-1066 , § 2, 12-17-15; Ord. No. 2016-03-03-0163 , §§ 1, 2, 3-3-16; Ord. No. 2018-09-13-0713 , § 1(Att. C.1), 9-13-18)