A. “Approve,” “approved” or “approval” means the approval of the health officer, or the State Department of Public Health, as a result of tests or investigations or by reason of accepted principles of public health and sanitation.

B. “California Restaurant Act” means Chapter 11 of Division 21 of the Health and Safety Code of the state of California.

C. “Establishment” means any restaurant; itinerant restaurant; food vending vehicle; vending machine, other than a vending machine which dispenses wrapped nonperishable solid foods or which dispenses bottled or canned liquid foods or beverages, or which exclusively dispenses peanuts, wrapped candy, chewing gum or ice; grocery; pet shop; food market; meat or fish market; bakery; confectionery; delicatessen; food or potable liquid packing or bottling plant; plant or room used to prepare any food or beverage product whatsoever that is dispensed by machine, whether or not such food or beverage product is perishable and whether or not such dispensing machine is a “vending machine” as defined in the California Restaurant Act; temporary or permanent food beverage concession; winery; package liquor store; or any other place in the City where food or beverages are prepared for sale, sold, stored, distributed or displayed for sale.

“Establishment” does not include a wholesale delivery truck used exclusively to transport previously inspected and packaged, canned or bottled foods or beverages, or any combination thereof, and does not include a retail delivery truck used exclusively to transport previously inspected and packaged, canned or bottled milk, water or groceries, or any combination thereof; “establishment” does include any wholesale or retail delivery truck transporting any food or beverage product other than or in addition to the aforementioned types of products.

D. “Food or beverage” means “food,” as defined in Section 26450 of the California Health and Safety Code.

E. “Food vending vehicle” means any vehicle, as defined in Section 670 of the Vehicle Code, or any mobile unit howsoever propelled, upon or from which any food or beverage is vended, displayed or given away.

F. “Health officer” means the director of public health and any regularly appointed sanitarian or employee of the department of public health of the county of San Diego.

G. “Perishable” means, with respect to food and beverage products, those products which support or are conducive to the growth of pathogenic microorganisms; perishable food and beverage products include, but are not limited to, fresh, cured, prepared or packaged meat or meat products, seafood or seafood products, custard and/or cream pies and pastries, wrapped or unwrapped sandwiches, salads, and milk or milk products.

H. “Permit” means the public health permit.

I. “Provided by law” means authorized or required by this code, the rules of the board of health, the California Restaurant Act and other applicable state laws, and the rules or regulations of the State Department of Public Health.

J. “Retail delivery truck” means any vehicle used for the transportation of food or beverage products which is not a wholesale delivery truck as defined herein, and includes a vehicle used to service vending machines.

K. “Rules of the board of health” means rules and regulations promulgated by the county board of health and approved by the Board of Supervisors and the City Council.

L. “Wholesale delivery truck” means a vehicle that delivers food or beverage products from a producer or distributor to a consumer, retailer or wholesaler, pursuant to orders therefor previously obtained; “wholesale delivery truck” does not include a vehicle from which selling is done directly by a driver, salesman or other person. (Ord. 855 § 2; prior code § 15.2).