As used in ORS 624.010 to 624.121, unless the context requires otherwise:
(1) “Bed and breakfast facility” means any establishment located in a structure designed for a single family residence and structures appurtenant thereto, regardless of whether the owner or operator of the establishment resides in any of the structures, that:
(a) Has more than two rooms for rent on a daily basis to the public; and
(b) Offers a breakfast meal as part of the cost of the room.
(2) “Department” means the Department of Human Services.
(3) “Director” means the Director of Human Services.
(4) “Limited service restaurant” means a restaurant serving only individually portioned prepackaged foods prepared from an approved source by a commercial processor and nonperishable beverages.
(5) “Restaurant” includes any establishment where food or drink is prepared for consumption by the public or any establishment where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments that prepare food or drink in consumable form for service outside the premises where prepared, but does not include railroad dining cars, bed and breakfast facilities or temporary restaurants.
(6) “Temporary restaurant” means any establishment operating temporarily in connection with any fair, carnival, circus or similar public gathering or entertainment, food product promotion or any other event where food is prepared or served for consumption by the public. “Temporary restaurant” does not include:
(a) An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests.
(b) An approved school lunchroom where food is prepared and served for school and community activities, where the preparation and service are under the direction of the school lunchroom supervisor.
(c) A food product promotion where only samples of a food or foods are offered to demonstrate the characteristics of the food product. For the purposes of this paragraph, a sample shall not include a meal, an individual hot dish or a whole sandwich.
(d) A private residence, or part thereof, including the grounds, areas and facilities held out for the use of the occupants generally, for which a temporary sales license is issued under ORS 471.190 for a period not exceeding one day. [Amended by 1953 c.177 §8; 1957 c.672 §1; 1959 c.153 §1; 1973 c.824 §1; 1973 c.825 §1; 1975 c.792 §1; 1979 c.236 §4; 1987 c.226 §1; 1991 c.468 §1; 1995 c.578 §1; 1999 c.351 §38; 2001 c.900 §210; 2001 c.975 §3; 2003 c.14 §375]
Note: Section 1, chapter 975, Oregon Laws 2001, provides:
Sec. 1. A licensed limited service restaurant operating immediately prior to the effective date of the amendments to ORS 624.010 by section 3 of this 2001 Act [November 1, 2001] may continue to be licensed as a limited service restaurant while the restaurant:
(1) Continues to be owned or operated by the person that owned or operated the restaurant immediately prior to the effective date of the amendments to ORS 624.010 by section 3 of this 2001 Act; and
(2) Continues to serve only items that qualified the restaurant as limited service and were offered by the restaurant immediately prior to the effective date of the amendments to ORS 624.010 by section 3 of this 2001 Act. [2001 c.975 §1]
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