§ 88.03 Definitions.
RCNY § 88.03
When used in this Article: (a) Event shall mean (i) a single event or activity where food or food samples are distributed to the public, with or without charge, that operates for a period of time not to exceed fourteen (14) consecutive days, or (ii) a recurring event, that operates for a period of time not to exceed three days per week. Such event shall be scheduled to occur at a single specified location, where access is controlled by the event's sponsor, and may be held indoors or outdoors, in public or privately owned or leased premises, and shall include but not be limited to: (1) A street activity, regardless of whether the event requires a permit issued in accordance with the rules of the Mayor's Office of Citywide Events Coordination and Management, or any successor office or agency; (2) A business, advertising or media promotion or convention; (3) A celebration; a street or other fair; or (4) A sporting event, carnival, flea market, circus, public exhibition, festival, religious or fraternal organization function, parade or other similar gathering.
(b)Food shall have the same definition as set forth in 24 RCNY Health Code Article 71.
(c)Operator shall mean the permittee or person who owns, operates, manages, controls or is otherwise in charge of a temporary food service establishment providing food services at an event, and who has been issued a permit by the Commissioner in accordance with 24 RCNY Health Code § 88.05.
(d)Potentially hazardous food shall have the same meaning as set forth in 24 RCNY Health Code Article 81.
(e)Sponsor shall mean the person or organization that organizes, controls and manages the event at which a temporary food service establishment provides food service.
(f)Temporary food service establishment shall mean an individual food service establishment, as defined in 24 RCNY Health Code Article 81, operating from a booth, stand, vehicle, or cart, in a fixed public or private, indoor or outdoor location, at an event, where foods are stored, prepared or held for service to the public. A temporary food service establishment shall also mean a person who vends, dispenses or distributes pre-packaged or other non-potentially hazardous foods from a container or other equipment approved by the Department, that is carried upon his or her person at an event. A temporary food service establishment shall not mean: (1) A food service establishment issued a permit in accordance with 24 RCNY Health Code Article 81 that operates a temporary food service establishment in connection with an event in a public place directly outside and adjacent to the permitted establishment, that serves food prepared within the permitted establishment or by workers employed by the permitted establishment; or (2) A place where a distinct neighborhood, school, religious, fraternal or other affinity group prepares, provides, or serves foods for consumption by such group, and where the public is not invited; or (3) Service of incidental refreshments, consisting of pre-packaged or other foods and beverages, that are not potentially hazardous, as defined in 24 RCNY Health Code Article 81, that are prepared and served to participants or attendees at a business meeting or social function, when such refreshments are prepared by the organization or group holding the meeting or social function; or (4) Food, nutrition and cooking demonstrations by governmental agencies or not-for-profit organizations or their contractors, for the purpose of providing education on nutrition, healthy eating, diet quality, food selection and preparation, safe food handling, or storage practices and food resource management.
