Downey Municipal Code Ch. 14 Food Handlers

As used in this chapter, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:

"Bar," "lounge," and "tavern"

shall each have the same meaning as "bar" as defined in Section 9124 of this Code, as that section or definition may be modified from time to time. Any business that is required to have a Type 42 or Type 48 license as issued by the Department of Alcohol and Beverage Control shall be deemed a bar, lounge, or tavern for purposes of this chapter.

"Entertainer"

shall mean any person who provides live entertainment at a food establishment.

"Expose"

shall mean to less than completely and opaquely cover.

"Food establishment"

shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food, beverages, or food and beverages for human consumption (on or off the premises) at the retail level. Food establishments shall include, but shall not be limited to, restaurants, cafés, bakeries, delicatessens, coffee establishments, and mobile street and sidewalk vendors of food, beverages, or food and beverages, as well as any bar, tavern, pub, micro-brewery that stores, prepares, packages, serves, vends, or otherwise provides food, beverages, or food and beverages for human consumption.

"Food handler"

shall mean any person who is involved in the preparation, storage, packaging, or service of food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, in a food establishment. Food handlers shall include, but shall not be limited to, wait staff (waiters and waitresses) and bartenders, as well as any entertainer who is actively preparing, storing, packaging, or serving food, beverages, or food and beverages in a food establishment.

"Live entertainment"

shall mean any and every live performance – including, but not limited to, any performance of singing, playing musical instruments (by one or more persons), acting (whether in a play, scene, or otherwise), comedy, burlesque, revue, pantomime, and/or dancing, as well as providing DJ services.

"Midriff"

shall mean the front of the body between the chest and waist.

"Specified anatomical areas"

shall have the same meaning as set forth in Section 9402.04(o) of this Code, as that section may be modified from time to time.

(Added by Ord. 22-1478, adopted 3-22-22; amended by Ord. 22-1487, adopted 8-23-22)

(a) Prohibition. No person, while acting as a food handler shall expose:

(1) Any specified anatomical areas (as defined by Section 9402.04(o) of this Code);

(2) Any device, costume, or covering which gives the appearance of or simulates specified anatomical areas;

(3) Any portion of the midriff;

(4) Any portion of the chest more than three inches below the clavicle; and/or

(5) Any portion of the legs that is less than three inches below the buttocks.

(b) Exemption. This section shall not prohibit any person from exposing specified anatomical areas at an adult business that has a valid Adult Use Permit issued in accordance with the provisions of Section 9402, at times when said person is not performing the services of a food handler and is otherwise in compliance with all other applicable laws.

(Added by Ord. 22-1478, adopted 3-22-22; amended by Ord. 22-1487, adopted 8-23-22)

(a) Any person who violates any provision of this chapter, or who otherwise causes, allows, permits, or suffers any violation of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapter 2 of Article I of this Code.

(b) Nothing in this chapter shall prevent any person charged with enforcing the provisions of this chapter from issuing an administrative citation in accordance with Chapter 4 of Article I of this Code. The administrative fine for a violation of this chapter shall be $500 for a first offense, $1,000 for a second offense of the same provision within a 12 month period of time, and $2,000 for a third or greater offense of the same provision within a 12-month period of time. The amount of such fines may be modified from time to time by resolution or ordinance of the City Council.

(c) A violation of this chapter shall constitute a valid ground for the revocation of the business license of the food establishment in which the violation occurred, in accordance with the provisions of Chapter 3 of Article VI of this Code.

(d) A violation of this chapter shall constitute a valid ground for the suspension, modification, and/or revocation of any land-use entitlement (including, but not limited to, any administrative permit, use permit, conditional use permit, and variance) issued for any aspect of the operation of the food establishment in which the violation occurred, in accordance with the provisions of Chapter 8 of Article IX of this Code.

(e) In addition to the penalties provided by this chapter or elsewhere in this Code, any violation of this chapter constitutes a public nuisance, and may be redressed by civil action, or to the extent permitted by law, may be summarily abated by the City.

(f) Each person shall be guilty of a separate offense for each and every day, or any portion thereof, during which a violation of this chapter is caused, allowed, permitted, committed, continued, or suffered, and shall be punishable accordingly.

(Added by Ord. 22-1478, adopted 3-22-22; amended by Ord. 22-1487, adopted 8-23-22)