36-501. Definitions. - Kansas Statutes

36-501

Chapter 36.--HOTELS, LODGINGHOUSES AND RESTAURANTS Article 5.--FOOD SERVICE AND LODGING ESTABLISHMENTS

      36-501.   Definitions.As used in the food service and lodging act, the following words andphrases shall have the meanings respectively ascribed to them herein:

      (a)   "Hotel" means every building or other structure which is kept,used, maintained, advertised or held out to the public as a place wheresleeping accommodations are offered for pay primarily to transientguests and in which four or more rooms are used for theaccommodation of such guests, regardless of whether such building orstructure is designated as a cabin camp, tourist cabin, motel or othertype of lodging unit.

      (b)   "Rooming house" means every building or other structure which iskept, used, maintained, advertised or held out to the public to be aplace where sleeping accommodations are furnished for pay to transientor permanent guests and in which eight or more guests may beaccommodated, but which does not maintain common facilities for theserving or preparation of food for such guests.

      (c)   "Boarding house" means every building or other structure whichis kept, maintained, advertised or held out to the public to be a placewhere sleeping accommodations are furnished for pay to transient orpermanent guests and in which eight or more guests may beaccommodated, and which maintains common facilities for the serving orpreparation of food for such guests. The term "boarding house" shallnot include facilities licensed under paragraph (5) of subsection (a) of K.S.A.75-3307b and amendments thereto.

      (d)   "Lodging establishment" means a hotel, rooming house or boardinghouse.

      (e)   "Food service establishment" means any place in which food isserved or is prepared for sale or service on the premises or elsewhere.Such term shall include, but not be limited to, fixed or mobilerestaurant, coffee shop, cafeteria, short-order cafe, luncheonette,grill, tea room, sandwich shop, soda fountain, tavern, private club,roadside stand, industrial-feeding establishment, catering kitchen,commissary and any other private, public or nonprofit organization orinstitution routinely serving food and any other eating or drinkingestablishment or operation where food is served or provided for thepublic with or without charge.

      (f)   "Food" means any raw, cooked or processed edible substance,beverage or ingredient used or intended for use or for sale, in whole orin part, for human consumption.

      (g)   "Food vending machine" means any self-service device which, uponinsertion of a coin, coins or tokens, or by other similar means,dispenses unit servings of food, either in bulk or in packages withoutthe necessity of replenishing the device between each vending operationbut shall not include any vending machine dispensing only bottled orcanned soft drinks, or prepackaged and nonpotentially hazardous food,chewing gum, nuts or candies.

      (h)   "Food vending machine company" means any person who is in thebusiness of operating and servicing food vending machines.

      (i)   "Food vending machine dealer" means any manufacturer,remanufacturer or distributor of food vending machines who sells foodvending machines to food vending machine companies.

      (j)   "Person" means an individual, partnership, corporation or otherassociation of persons.

      (k)   "Municipality" means any city or county of this state.

      (l)   "Secretary" means the secretary ofagriculture.

      (m)   "Department" means the Kansas department ofagriculture.

      History:   L. 1975, ch. 314, § 5; L. 1986, ch. 324, § 1;L. 2008, ch. 84, § 9; Oct. 1.