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Unless the context clearly indicates otherwise, the following words and phrases used in this title shall have the following meanings:

BILLING CYCLE: A bimonthly billing period for water charges incurred at a water using property during such time period. The billing cycle shall be established by the finance director.

BUILDING: As defined in the town's building code adopted pursuant to title 8, chapter 1 of this code.

BULK WATER: Water which the town sells for approved bulk uses. Bulk water is typically provided to a water user through a town owned water hydrant.

CONNECTION: The physical connection of a water using property to the water system.

CONSTRUCTION WATER: Water which is provided to the site of a real estate development during the construction phase and prior to the installation of a permanent water meter for such development.

DEVELOPER: A person developing or subdividing real property in accordance with the provisions of title 9, chapters 1 and 2 of this Code.

DIRECTOR: The Director of the Department of Public Works, or such person's designee.

FINANCE DIRECTOR: The Finance Director of the town, or such person's designee.

IN TOWN: Referring to a location within the corporate limits of the town.

INSPECTION FEE: A fee paid by an owner to the town to reimburse the town for its costs incurred in inspecting the owner's connection to the water system including, without limitation, plan review, field location, and inspection of the stop and waste valve box and the water meter.

LIQUOR MANUFACTURER SALES ROOM: An area approved as a liquor manufacturer sales room by the State of Colorado pursuant to the Colorado Liquor Code in which the holder of an alcohol beverage license sells and serves alcohol beverages for consumption on the licensed premises, sells alcohol beverages for consumption on the licensed premises, or both.

LOUNGE: An establishment the principal business of which is the sale of alcoholic beverages at retail for consumption on the premises, and which is appropriately licensed under the Colorado Liquor Code or the Colorado Beer Code. The square footage of an approved liquor manufacturer sales room shall be included in the square footage of a lounge, whether located in the main licensed premises of the lounge, or at a location that is not part of the main licensed premises. For the purpose of this definition, the holder of a hotel and restaurant liquor license issued pursuant to the Colorado Liquor Code shall be deemed to be a retail food service establishment, and not a lounge.

MIXED USE: The use of a single tract, parcel or lot of real property, or any improvement constructed thereon, which includes both residential and nonresidential uses, or different water use classes from the schedule of single-family equivalents in section 12-4-10 of this title.

NONRESIDENTIAL USE: Any use of real property which is not a residential use.

OUT OF TOWN: Referring to a location outside the corporate limits of the town.

OWNER: Any person owning a water using property.

PERSON: Any individual, partnership, association, limited liability entity, corporation, or organization.

PLANT INVESTMENT FEE (PIF): A fee to be paid to the town prior to the connection of a water using property to the water system. A PIF represents that water using property's fair share of: a) the past capital costs incurred by the town for its water system, and b) the reasonably anticipated future capital costs required to expand the town's water system.

PREDOMINANT USE (OF A MIXED USE WATER USING PROPERTY): The predominant water user classification of a mixed use water using property. The predominant use of a mixed use water using property shall be the single water user class for such property (from the schedule of single-family equivalents set forth in section 12-4-10 of this title) to which the highest number of SFEs are assigned.

RESIDENTIAL USE: A "residential use" of real property as defined in section 9-1-5 of this Code.

RETAIL FOOD ESTABLISHMENT (Major/Minor Classification): An establishment that stores, prepares, or packages food or drink for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food. A retail food establishment may or may not hold a hotel and restaurant license under the Colorado Liquor Code. The term "food service establishment" includes, but is not limited to, restaurants, delicatessens, and snack bars.

"Retail food establishment" does not include:

A. Any private home;

B. Private boarding houses;

C. Appropriately licensed hospital and health facility patient feeding operations;

D. Appropriately licensed child care centers and other child care facilities;

E. Hunting camps and other outdoor recreation locations where food is prepared in the field rather than at a fixed base of operation;

F. Food or beverage wholesale manufacturing, processing, or packaging plants, or portions thereof, that are subject to regulatory controls under State or Federal laws or regulations;

G. Motor vehicles used only for the transport of food;

H. Establishments that handle only non-potentially hazardous prepackaged food, and operations serving only commercially prepared, prepackaged foods requiring no preparation other than the heating of food within its original container or package;

I. Farmers markets and roadside markets that offer only uncut fresh fruit and vegetables for sale;

J. Automated food merchandising enterprises that supply only prepackaged non-potentially hazardous food or drink or food or drink in bottles, cans, or cartons only, and operations that dispense only chewing gum or salted nuts in their natural protective covering;

K. The donation, preparation, sale, or service of food by a nonprofit or charitable organization in conjunction with an event or celebration.

Retail food establishments are classified as either a "minor retail food establishment" or a "major retail food establishment". A minor retail food establishment is a retail food establishment that does not exceed a total of eight hundred (800) square feet in size, including, but not limited to, kitchen and interior storage. A "major retail food establishment" is any retail food establishment that is not a minor retail food establishment.

SINGLE-FAMILY EQUIVALENT (SFE): A quantitative value assigned to all classes of water users of the water system. Such value, or any portion thereof, is a direct comparison of water consumption of a particular class of water user to the peak water use characteristics of a single-family residence two thousand (2,000) square feet in size.

TOWN: The town of Breckenridge, Colorado.

TOWN WATER EASEMENT (OR EASEMENT): An easement created in accordance with Colorado law that authorizes the town to locate, operate, and maintain its underground water utility transmission lines and appurtenances, over, under, upon, across, in and through certain specified real property.

WATER CHARGES: All fees, charges, penalties and sums required to be paid to the town pursuant to the provisions of this title.

WATER SYSTEM: All water treatment, storage, and distribution facilities, systems and appurtenances owned and operated by the town for the various water needs of its water users. The water system includes all waterworks facilities, including water treatment plant(s), raw and treated water storage, and pumping and distribution facilities owned by the town of Breckenridge and used to supply water.

WATER SYSTEM MAINTENANCE FEE (WSMF): A fee to be paid to the town each billing cycle as required by section 12-4-20 or 12-5-6-1 of this title. The WSMF represents that water using property's fair share of the capital expense to the town associated with the ongoing maintenance and replacement of the town's water system.

WATER USER OR WATER USING PROPERTY: Any building, lot, tract, or parcel of real estate which is connected to the water system and which obtains water therefrom. (Ord. 9, Series 2001; amd. Ord. 15, Series 2006; Ord. 7, Series 2011; Ord. 17, Series 2017; Ord. 7, Series 2018)