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2004 SESSION
046585460Be it enacted by the General Assembly of Virginia:
1. That § 35.1-1 of the Code of Virginia is amended and reenacted as follows:
§ 35.1-1. Definitions.
As used in this title unless the context requires otherwise or it is otherwise provided:
1. "Board" or "State Board" means the State Board of Health.
2. "Campground" means and includes but is not limited to a travel trailer camp, recreation camp, family campground, camping resort, camping community, or any other area, place, parcel, or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and facilities is granted gratuitously, or by rental fee, lease, or conditional sale, or by covenants, restrictions, and easements. "Campground" does not include a summer camp, migrant labor camp, or park for mobile homes as defined in this section and in §§ 32.1-203 and 36-71, or a construction camp, storage area for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions, and conditions from providing his sanitary facilities within his property lines.
3. "Camping unit" means and includes a tent, tent trailer, travel trailer, camping trailer, pickup camper, motor home, and any other device or vehicular type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.
4. "Campsite" means and includes any plot of ground within a campground used or intended for occupation by the camping unit.
5. "Commissioner" means the State Health Commissioner.
6. "Department" means the State Department of Health.
7. "Hotel" means any place offering to the public for compensation transitory lodging or sleeping accommodations, overnight or otherwise, including but not limited to facilities known by varying nomenclatures or designations as hotels, motels, travel lodges, tourist homes, or hostels.
8. "Person" means an individual, corporation, partnership, association, or any other legal entity.
9. "Restaurant" means any one of the following:
a. Any place where food is prepared for service to the public on or off the
premises, or any place where food is served. Examples of such places include
but are not limited to lunchrooms, short order places, cafeterias, coffee
shops, cafes, taverns, delicatessens, dining accommodations of public or
private clubs, kitchen facilities of hospitals and nursing homes, dining
accommodations of public and private schools and colleges, and kitchen areas of
local correctional facilities subject to standards adopted under § 53.1-68.
Excluded from the definition are Places manufacturing packaged or canned
foods which that are distributed to grocery stores or other similar food
retailers for sale to the public and convenience stores or gas stations having
15 or fewer seats at which food is served to the public on the premises shall
be excluded from the definition of "restaurant."
b. Any place or operation which prepares or stores food for distribution to persons of the same business operation or of a related business operation for service to the public. Examples of such places or operations include but are not limited to operations preparing or storing food for catering services, push cart operations, hotdog stands, and other mobile points of service. Such mobile points of service are also deemed to be restaurants unless the point of service and of consumption is in a private residence.
10. "Summer camp" means and includes any building, tent, or vehicle, or group
of buildings, tents, or vehicles, if operated as one place or establishment, or
any other place or establishment, public or private, together with the land and
waters adjacent thereto, which is operated or used in this Commonwealth for the
entertainment, education, recreation, religious instruction or activities,
physical education, or health of persons under eighteen 18 years of age who are
not related to the operator of such place or establishment by blood or marriage within the third
degree of consanguinity or affinity, if twelve 12 or more such persons at any
one time are accommodated, gratuitously or for compensation, overnight and during any portion of more
than two consecutive days.