San Francisco County Municipal Code § 451 Food Preparation

For purposes of this Article 8, the following terms have the following meanings: “Bar or tavern” means any Food Preparation and Service Establishment that primarily prepares and/or serves alcoholic beverages. “Boardinghouse” means any building, or portion thereof, occupied or intended, arranged, or designed for occupation, by six or more but less than 35 guests, where sleeping rooms and meals are provided to the guests for compensation. Boardinghouse includes, but is not limited to, all private institutional-type homes where inspection is made by the Department of Public Health. “Caterer” means a person who is in the business of providing food, beverages, and sometimes service, at social gatherings. The Caterer prepares the food at a location separate from the social gathering, though the Caterer may engage in Limited food preparation at the location where the Caterer serves the food. A Caterer is not a private chef or chef for hire who prepares food in a private home. “Catering facility” means any Catering operation where a Caterer prepares food for service at another location and includes Catering facility - Cooking and Catering facility - No Cooking. “Catering facility - Cooking” means a Catering facility where food is cooked for service at another location. “Catering facility - No Cooking” means a Catering facility where Limited food preparation occurs, but cooking is not allowed. “Catering operation” has the meaning set forth in California Health and Safety Code Section 113739.1, as may be amended from time to time. “City” means the City and County of San Francisco. “Commissary” has the meaning set forth in California Health and Safety Code Section 113751, as may be amended from time to time. Commissary includes, but is not limited to, Commissary for cooking and Commissary for Mobile Food Facility servicing..1 “Commissary for cooking” means a Commissary where cooking occurs. “Commissary for Mobile Food Facility servicing” means a Commissary where food is stored for a Mobile Food Facility, and where no food preparation or cooking is allowed. “Community event” has the meaning set forth in California Health and Safety Code Section 113755, as may be amended from time to time. “Compact Mobile Food Operation” means a Mobile Food Facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. Compact Mobile Food Operation includes Compact Mobile Food Operation – Low Risk, Compact Mobile Food Operation – Moderate Risk, and Compact Mobile Food Operation – High Risk. “Compact Mobile Food Operation – Low Risk” means a Compact Mobile Food Operation that offers for sale only Prepackaged,

non-Potentially hazardous food and whole uncooked produce and features more than 25 square feet of food display. “Compact Mobile Food Operation – Moderate Risk” means a Compact Mobile Food Operation that offers unpackaged foods (non- PHF or PHF) and may engage in Limited food preparation. Prepackaged Potentially hazardous foods may also be offered. This operation shall not include raw meat, raw poultry, or raw fish. “Compact Mobile Food Operation – High Risk” means a Compact Mobile Food Operation that offers unpackaged Potentially hazardous food and engages in Limited food preparation. This operation can prepare raw meat, raw poultry, or raw fish and meets the warewashing and handwashing facility requirements for mobile food facilities as stated in Chapter 10 of the California Health and Safety Code (commencing on Section 114294), as may be amended from time to time. “Consumer” has the meaning set forth in California Health and Safety Code Section 113757, as may be amended from time to time. “Cooking school” means a Food facility that operates as a school where students prepare and consume food products. “Director” means the Director of Health or the Director’s designee. “Employee Cafeteria” means a Food facility located within a business premises where the employees of the business are provided or sold food on a regular basis. Food and drink are not regularly served to the public and the Food facility is not subject to tax. The operators of the Food facility are either employees of the business or are contracted by that business. “Food demonstration” means any food preparation and/or service facility operating out of a Temporary food facility approved by the Director for a period of time not to exceed seven consecutive days for purposes of demonstrating food preparation or equipment. “Food facility” has the meaning set forth in California Health and Safety Code Section 113789, as may be amended from time to time. “Food preparation” has the meaning set forth in California Health and Safety Code Section 113791, as may be amended from time to time. “Food Preparation and Service Establishment” means any Restaurant, Mobile Food Facility, Compact Mobile Food Operation, Boardinghouse, Special event, School food concession, Bar or tavern, Take-out establishment, Caterer, Catering facility – Cooking, Catering facility - No Cooking, Temporary food facility, Food demonstration, Commissary, Stadium concession, Vending machine, Restricted food service facility, Employee Cafeteria, Private school cafeteria, Hospital kitchen, and Licensed Health Care Facility, as those terms are defined herein. “Guest house” means any building, or portion thereof, occupied or intended, arranged, or designed for occupation, by 35 or more guests where sleeping rooms and meals are provided to the guests for compensation and includes, but is not limited to, “residence club,” “lodge,” “dormitory,” “residence cooperative,” and any of its variants. “Hospital kitchen” means any Food facility operating within a hospital that serves food to staff or the general public, but not to patients. “Host facility” has the meaning set forth in California Health and Safety Code Section 113806.1, as may be amended from time to time. “Licensed Health Care Facility” means a Food facility located in any of the following health facilities that have 16 or more beds and are designated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence, rehabilitation, and perinatal care, to which persons are admitted for a 24-hour stay or longer: (1) General Acute Care Hospital as defined in California Health and Safety Code Section 1250(a), as may be amended from time to time; (2) Acute Psychiatric Hospital as defined in California Health and Safety Code Section 1250(b), as may be amended from time to time; (3) Skilled Nursing Facility as defined in California Health and Safety Code Section 1250(c), as may be amended from time to time; (4) Intermediate Care Facility as defined in California Health and Safety Code Section 1250(d), as may be amended from time to time; (5) Special Hospital as defined in California Health and Safety Code Section 1250(f), as may be amended from time to time; (6) Intermediate Care Facility/Developmentally Disabled as defined in California Health and Safety Code Section 1250(g) as defined in California Health and Safety Code Section 1250(g)1 , as may be amended from time to time; and (7) Chemical Dependency Recovery Facility as defined in California Health and Safety Code Section 1250.3, as may be amended from time to time. Notwithstanding the above definition, the term “Licensed Health Care Facility” does not include any of the health facility types listed above that are operated by the State of California Departments of Health Care Service, Developmental Services, or Corrections and Rehabilitation, or any respective successor agencies. “Limited food preparation” has the meaning set forth in California Health and Safety Code Section 113818, as may be amended from time to time. “Limited service charitable feeding operation” has the meaning set forth in California Health and Safety Code Section 113819, as may be amended from time to time.

“Mobile Food Facility” means any vehicle used in conjunction with a commissary or other permanent Food facility upon which food is sold or distributed at retail. Mobile Food Facilities may be located on private or public property. A Mobile Food Facility does not include a “Transporter” used to transport packaged food from a Food facility or other approved source to the Consumer. As distinguished from a Compact Mobile Food Operation, there are two categories of Mobile Food Facilities for licensing and fee payment purposes under Business and Tax Regulations Code Section 249.1, Mobile Food Facility – Low Risk and Mobile Food Facility – High Risk, as set forth below. “Mobile Food Facility – Low Risk” means a motorized Mobile Food Facility (such as, but not limited to, a food truck or trailer) where a Mobile Food Facility Vendor offers only Prepackaged food and does not engage in Food preparation. “Mobile Food Facility – High Risk” means a motorized Mobile Food Facility (such as, but not limited to, a food truck or trailer) where a Mobile Food Facility Vendor offers non-Prepackaged food and engages in Food preparation. “Mobile Food Facility Vendor” means any Person engaged in the business of operating a Mobile Food Facility within the City. “Mobile Support Unit” means a motorized vehicle used in conjunction with a Commissary or other permanent Food facility, that travels to, and services, Mobile Food Facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. “Owner” or “owners” mean those Persons who are financially interested in the operation of a Food Preparation and Service Establishment. “Operator” means any Person engaged in the dispensing of, or in assisting in the preparation of, food, or a Person otherwise employed in a Food Preparation and Service Establishment. “Permitted Auxiliary Conveyance” means a facility containing the necessary handwashing and warewashing sinks when operating a Compact Mobile Food Operation at a site-specific location. “Person” has the meaning set forth in California Health and Safety Code Section 113855, as may be amended from time to time. “Potentially hazardous food” has the meaning set forth in California Health and Safety Code Section 113871, as may be amended from time to time. “Prepackaged food” has the meaning set forth in California Health and Safety Code Section 113876, as may be amended from time to time. “Private school cafeteria” means any Food facility serving food to faculty and/or students of a school not operated by the San Francisco Unified School District. “Restaurant” means any Food facility, including by way of example but not limitation, any any1 coffee shop, cafeteria, short-order cafe, luncheonette, cocktail lounge, sandwich stand, soda fountain, public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including Veterans’ Club, fast food establishment, or Guest house, that gives, sells, or offers for sale food to the public, guests, patrons, or employees 1 The term Restaurant includes kitchens or other food preparation areas in which food is prepared on the premises for serving or consumption on or off the premises, and requires no further preparation, and also includes manufacturers of perishable food products that prepare food on the premises for sale directly to the public. The term Restaurant does not include Mobile Food Facilities, cooperative arrangements made by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes. Restaurant does not include churches, church societies, private clubs, or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangements. “Restricted food service facility” has the meaning set forth in California Health and Safety Code Section 113893, as may be amended from time to time. “School food concession” means any food preparation, food service, or food products intended for consumption by students attending or participating in activities within a school facility. “Shared kitchen complex” means a facility that provides services and restrooms to Food Preparation and Service Establishments located within the facility for the purpose of cleaning, storage, refuse disposal, and wastewater disposal. “Special event” means any organized collection of food purveyors operating individually or collaboratively out of approved temporary or Mobile Food Facilities at a fixed location for a period of time not to exceed 25 days in a 90-day period in conjunction with a single, weekly, or monthly Community event. “Stadium concession” means any Food facility operating within the footprint of a stadium, arena, or auditorium, with a seating capacity of 5,000 or more. “Take-out establishment” means any Food facility that primarily prepares food for consumption off premises and does not have seating for guests, patrons, or employees. The term “Take-out establishment” does not include Mobile Food Facilities. “Temporary food facility” has the meaning set forth in California Health and Sa

tadium, arena, or auditorium, with a seating capacity of 5,000 or more. “Take-out establishment” means any Food facility that primarily prepares food for consumption off premises and does not have seating for guests, patrons, or employees. The term “Take-out establishment” does not include Mobile Food Facilities. “Temporary food facility” has the meaning set forth in California Health and Safety Code Section 113930, as may be amended from

time to time. “Transporter” has the meaning set forth in California Health and Safety Code Section 113932, as may be amended from time to time. “Vending machine” means any self-service device, which upon insertion of money, credit card, bank card, mobile payment, or tokens, dispenses Potentially hazardous food or beverages without the necessity of replenishing the device between each vending operation. (Amended by Ord. 241-70; App. 7/14/70; Ord. 26-88, App. 1/28/88; Ord. 341-88, App. 7/28/88; Ord. 206-93, App. 6/25/93; Ord. 121-97, App. 4/9/97; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008; Ord. 178-10, File No. 100720, App. 7/23/2010; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12 , File No. 120638, App. 7/27/2012, Eff. 8/26/2012; Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019; Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026) CODIFICATION NOTE

So in Ord. 49-26.