The following church-related scenarios represent my opinion on the subject of the differences between a public event and a private event. This distinction is critical to know because different food safety laws and regulations apply to each category.
PRIVATE EVENTS
Coffee Hour after a church service is intended for members of the congregation and their invited guests. Even if the worship service is advertised to the general public, coffee hour is not intended to be an invitation for members of the general public to eat doughnuts without attending the worship service. Therefore this a private event. In general, non-TCS foods are served.
Fellowship Breakfast after a church service is intended for members of the congregation and their invited guests. Even if the worship service is advertised to the general public, a fellowship breakfast potluck is not intended to be an invitation for members of the general public to eat pancakes, sausages, and bacon without attending the worship service. Therefore this a private event. In general, some TCS foods are served.
A Wedding Reception is only for invited guests. This is clearly a private event.
AMBIGUOUS
A Birthday Party is generally for invited guests only and would therefore qualify it as a private party. However, if the person is well-known and there is wide distribution beyond the congregation and advertising to the general public, this would then become a public event.
A Funeral Reception is for church members and, in general, people who knew the deceased person. Therefore, it could be classified as a private event. However, an obituary is generally published in newspapers, remembrances solicited on funeral parlor websites, and listed in online church events calendars. Public event definition 60-b-ii says events that are advertised by “newspaper articles, radio or television announcements, or on an Internet website as being open to the public” are public events.
A Chili Cookoff for members of the congregation would be considered a private party. In the same manner as a birthday party described above, if there is wide distribution beyond the congregation and advertising to the general public, this would then become a public event.
PUBLIC EVENTS
Fall Festivals and other large community outreach events are generally not just for church members. Phrases such as “Come One, Come All” are typical of this type of event to which the general public is invited.
Choir Concerts and other large community outreach events are generally not just for church members. Although the main purpose is for members of the general public to hear the concert, many times non-TCS food is served at a reception afterwards. Therefore I would categorize the concert/reception as a public event.
YOUR COMMENTS
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REFERENCES
List of TCS Foods, Maryland Food Handlers (accessed 04/14/2019)
https://www.mdfoodhandlers.com/Content.aspx?PageName=TCS
Not a Potluck!, David Robert Lambert Blog (August 25, 2012, accessed 04/14/2019)
https://lambertdrl.wordpress.com/2012/08/25/not-a-potluck/
Churches are in the Fellowship Business, David Robert Lambert Blog (December 7, 2018, accessed 04/14/2019)
https://lambertdrl.wordpress.com/2018/12/07/churches-are-in-the-fellowship-business/
Definition (60) Public Event, Code of Maryland (COMAR) 10.15.03.02 (accessed 04/14/2019)
http://www.dsd.state.md.us/comar/comarhtml/10/10.15.03.02.htm
(60) Public Event.
(a) “Public event” means an event or festival that is a planned gathering that is:
(i) Open to the public; and
(ii) Regulated by the State or local jurisdiction in which the planned gathering takes place.
(b) “Public event” includes an event or festival:
(i) Attended by individuals from the general public whether or not a fee is charged; or
(ii) Advertised with fliers, banners, newspaper articles, radio or television announcements, or on an Internet website as being open to the public.
(c) “Public event” does not include a:
(i) Private party;
(ii) An event restricted to organization members; or
(iii) Another event that restricts the general public from attending.
Public vs Private Events, San Francisco Department of Public Health (accessed 04/15/2019)
https://www.sfdph.org/dph/EH/Food/Permits/permitSpecPublicvPrivate.asp
David Robert Lambert 