Manhattan Beach Municipal Code Ch. 4.40 Regulation of Employee Garments in Restaurants, Bars and Cocktail Lounges

For the purpose of this chapter, the following definitions apply:

A. This chapter applies to public eating places and food establishments as well as to restaurants as defined in this Code and in Section 28522 of the Health and Safety Code.

B. Food or beverage includes all articles used for food, drink, confectionary or condiment, whether simple or compound, and all substances and ingredients used in preparation thereof for human consumption.

C. Employee means any person working in a restaurant, public eating place or food or beverage establishment or performing any operation covered by the provisions of this chapter and the Health Code and includes beverage handlers, food handlers, waiters and waitresses. Any person serving, delivering, or handling any food or beverage within any restaurant, public eating place or food establishment for consideration, wages, remuneration or reward is an employee for the purpose of this chapter.

D. Utensils include any kitchenware, tableware, glasses, cutlery, containers, implements or other equipment with which food or beverage comes in contact during storage, display, preparation, serving or through use by an employee or consumer.

All employees, as herein defined, while preparing, serving or handling or delivering food or beverage or utensils shall wear clean, washable outer garments or other clean uniform as herein defined.

Female employees shall wear hairnets, caps, headbands, or other suitable coverings which confine the hair. The outer garments or uniforms of female employees shall completely enclose and cover in non-transparent material the buttocks and pubic area and the breasts, including the nipples, from the top of the areola to the bottom of the breast anatomy. The Outer garments of a male employee shall at least enclose and completely cover with non-transparent material the buttocks and pubic area and, in addition, male employees shall wear at least as outer garments trousers or shorts on the lower torso and the upper torso shall be covered at least by a shirt or other suitable garment with sleeves covering the upper extremities at least three inches below the shoulder line and any opening down the front of such a shirt or other suitable garment shall not exceed three inches in width.

The provisions of this chapter are not intended to supersede or replace the terms and provisions of the California Restaurant Act commencing with Section 28520 of the Health and Safety Code of the State of California. This chapter has been enacted pursuant to Section 28693 of the Health and Safety Code as an additional and more strict standard pertaining to the outer garments to be worn by employees as therein defined. Except to the extent this chapter, this Code, and the Health Code are more strict than Section 28686 of the Health and Safety Code as well as the terms and provisions of the California Restaurant Act, all of the terms and provisions of the California Restaurant Act and Section 28686 of the Health and Safety Code shall apply.

(§ 1, Ord. 1034, eff. August 25, 1966)