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ORDINANCE NO. 4538 - - -62
<br />AN ORDINANCE DEFINING RESTAURANT, FOOD, ITINERANT
<br />RESTAURANT, EMPLOYEE, UTENSIL, HEALTH OFFICER
<br />AND OTHER ITEMS; REQUIRING PERMITS, LICENSES, LICENSE
<br />FEES FOR THE OPERATION OF RESTAURANTS AND ITINERANT
<br />RESTAURANTS; PROHIBITING THE SALE OF ADULTERATED,
<br />UNWHOLESOME, OR MISBRANDED FOOD; REGULATING THE
<br />INSPECTION OF RESTAURANTS AND ITINERANT RESTAURANTS;
<br />PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE;`
<br />AND FIXING PENALTIES, AS AMENDED.
<br />BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
<br />SECTION I. DEFINITIONS. The following definitions shall apply in the
<br />interpretation and enforcement of this Ordinance:
<br />A. Restaurant, The term "restaurant" shall mean restaurant, coffee
<br />shop, cafeteria, short -order cafe, luncheonette, tavern, sandwich
<br />stand, soda fountain, drive -in restaurant, drive -in theater
<br />restaurant, in -plant food service, commissary, snack bar, food
<br />catering, or food establishment, whether fixed or movable, where
<br />food for human consumption is prepared or served in such manner
<br />that it is ready for consumption on the premises. The term
<br />" restaurant" shall not inoiude a food establishment that is known
<br />as a retail food market where food is not prepared and served for
<br />consumption on the premises.
<br />B. Food. The term "food" as used herein shall include all articles
<br />used for food, drink, confectionery, or condiment, whether simple,
<br />mixed or compound, and all substances or ingredients used in the
<br />preparation thereof,
<br />C. Itinerant Restaurant, The term "itinerant restaurant" shall
<br />mean a restaurant operating for a. temporary period, in connection
<br />with a fair, carnival, circus, public exhibition, or other similar
<br />gathering.
<br />D. Emolovee. The term "employee" shall mean any person who handles
<br />food during preparation or serving, or who comes in contact with any
<br />eating or cooking utensils; or who is employed in a room or other
<br />Place in which food is stored, prepared, processed, displayed, or
<br />served. Except, that the term "employee" shall not include volunteer
<br />member personnel of charitable, religious, fraternal or educational
<br />organizations or service clubs.
<br />E. Utensil. The term "utensil" shall include any kitchenware,
<br />tableware, glassware, cutlery, containers, or other equipment of any
<br />kind or nature with which foo. comes in contact during storage,
<br />preparation, or serving.
<br />F. Health Officer. The term "health officer" shall mean the health
<br />authority having jurisdiction in the City of South Bend, or his
<br />authorized representative.
<br />G. Person. The term. "perrsot" shall mean, but not be limited to, any
<br />individual, partnership, co- partnership, firm, company, corporation,
<br />association, joint -stock company, trust, estate, or municipality, or
<br />his or its legal representative or agent.
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