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Sec. 4 -44 RESERVED <br />Sec. 4 -45 Restaurants <br />(a) Definitions. <br />(1) Food means any raw, cooked, or processed edible <br />substances, beverage or ingredient used or intended for use or for <br />sale in whole or in part for human consumption. <br />(2) Health Officer means the County official having the <br />power and jurisdiction to enforce public health laws and regulations <br />within the City. <br />(3) Restaurant means any coffee shop, cafeteria, short - <br />order cafe, luncheonette, grill, sandwich stand, soda fountain, drive -in <br />restaurant, drive -in theater restaurant, in -plant food service,tavern <br />commissary, snack bar, tea room, fast -food restaurant, or restaurant <br />without live entertainment or music, food catering or food service <br />establishment, whether fixed or movable, where food for human <br />consumption is prepared or served in such manner that it is ready <br />for consumption on the premises. The term "restaurant" shall not <br />include a food service establishment that is known as a retail food <br />market where food is not prepared and served for consumption on the <br />premises; nor shall the term "restaurant" include any coin - operated <br />vending machine dispensing any kind or type of food, confectionery <br />or beverage. <br />(4) Itinerant Restaurant means any food- service <br />establishment which operates for a temporary period of time, not to <br />exceed two (2) weeds, in connection with a fair, carnival, circus, <br />public exhibition, or similar transitory gathering. <br />(b) Health Permit and License Required; Posting <br />(1) No person shall operate a restaurant or itinerant <br />restaurant in the City who does not possess a valid permit from the <br />Health Officer,and a valid restaurant or itinerant restaurant license. <br />(2) The permit and license shall be posted in a <br />conspicuous place in such restaurant or itinerant restaurant. <br />(c) Ap licabilit to Restaurants <br />educationa or charita le in <br />ted by religious, <br />(1) The provisions of this section shall apply to, and <br />a permit required by sub - section (b) shall be obtained for, restaurants <br />and itinerant restaurants operated by fraternal organizations, service <br />clubs, and religious, educational or chairtable institutions. <br />(2) No license shall be required and no license fee <br />shall be paid for restaurants or initerant restaurants operated by <br />fraternal organizations, service clubs, or religious, educational or <br />charitable institutions. <br />(d) License Issuance <br />(1) A license required by this section shall be issued <br />by the office of the City Controller to any person on application <br />after inspection and approval by the County Health Officer, as <br />evidenced by a valid Health Permit; inspections by the Fire Department <br />and Building Department as may be required by the City Controller, and <br />compliance with all the applicable provisions of this Code, and upon <br />payment of the designated license fee. All applicants desiring to sell <br />food by weight or measure, shall file a valid certificate signed by <br />the Sealer of Weights and Measures that all scales and measures to be <br />used in said business have been tested and approved, at the time of <br />making application. <br />-26- <br />