§ 59.3. DEFINITIONS.

"Department" means the Economic and Workforce Development Department.

"Healthy Food Retailer" means a food retailer operating in a fixed location, including a grocery store, corner store, convenience store, farmer's market, and any other retailer whose business is primarily comprised of sales of food and non-food grocery products intended for preparation, use or consumption off the retailer's premises that (1) devotes at least 35 percent of its Selling Area to fresh produce, whole grains, lean proteins, and low-fat dairy products, (2) devotes no more than 20 percent of its Selling Area to tobacco and alcohol products, and (3) satisfies the minimum wage requirements for employees set forth in Administrative Code Chapter 12R. Notwithstanding the previous sentence, "Healthy Food Retailer" does not include (1) a Supermarket, as defined in Section 440(h) of the Health Code, (2) a Restaurant, as defined in Section 471.3(f) of the Health Code, (3) a store that, at the time it seeks to access the incentives and assistance available through the Program, already devotes at least 35 percent of its Selling Area to fresh produce, whole grains, lean proteins, and low-fat dairy products, or (4) a Formula Retail Use, as defined in Section 303.1 of the Planning Code.

"Program" means the Healthy Food Retailer Incentives Program.

"Selling Area" means the combined floor area and shelf space of a food retailer's premises.

(Added by Ord. , File No. 120966, App. 9/9/2013, Eff. 10/9/2013; amended by Ord. , File No. 140844, App. 11/26/2014, Eff. 12/26/2014)