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HomeMy WebLinkAboutCC Ord 679 1966-02-21 I I I . . ORDINANCE NO.-'il!l- AN ORDINANCE OF THE CITY OF SEAL BEACH SPECIFY- . ING AND REGULATING THE TYPE OF OUTER GARMENTS TO BE WORN BY EMPLOYEES IN RESTAURANTS. AND SETTING FORTH FACTS CONSTITUTING ITS URGENCY, AND PROVIDING THAT THE SAME SHALL GO INTO EFFECT IMM$DLATELY UPON ADOPTION. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Employee Outer Garments. For the purpose of this ordinance the following definitions apply: (a) This ordinance applies to public eating places and food establishments as well as to restaurants as defined in the Municipa~ Code and in Section 28522 of the Health and Safety Code toE the St~te of California. (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 dtdinance 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 estab- lishment for consideration, wages, remuneration or reward is an employee for the purpose of this ordinance. (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, serv- ing, or through use by an employee or consumer. All employees, as defined herein, 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 area 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 ="'! CI~le!NAL O;:;:KI;\.L COpy I N.": t" 70 L:L: TA:~~~~ ;:: :"~ ' TI-l," C, TY CL!:RK'S O,:j:"!C[; ~ -- ~ ~ ~_.- I '1 I Ordinance Number . . . .. . 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 ordinance 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 ordinance has been enacted pursuant to Section 28693 of the Health and Safety Code as an additional more strict standard pertaining to the outer garments to be worn by employees as therein defined. Except to the extent this ordinance, 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, Section 2, The City Council hereby declares that it would have passed this ordinance sentence by sentence, paragraph by paragraph, section by section, and does hereby declare that the provisions of this ordinance are severable and, if for any reason, any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 3. Statement of Urgency. This ordinance is hereby declared to be for the immediate preservation of the public peace, health or safety and is hereby enacted as an urgency ordinance to take effect immediately upon passage. A declaration of facts con- stituting the urgency is as follows: . (a) The Seal Beach Municipal Code presently does not prescribe the degree or amount of clothing to be worn by waiters or waitresses in restaurants, bars, cocktail lounges and other public places. (b) The California Health and Safety Code and the California Restaurant Act provide that such waiters and waitresses shall wear clean, washable outer garments while serving or handling food, but failed to prescribe any minimum amount or degree of garment. (c) That in nearby communities certain restaurant, bar, and public eating place proprietors have equipped their waitresses with uniforms wherein said waitresses are nude from the waist upwards or are otherwise skimily attired. (d) That it is necessary, in order to protect the public peace, health and safety, that waitresses, and waiters as well, be adequately clothed and covered so as to protect food and drink being served to the customers and so as to protect the customers from body germs, and to protect the customer from his sense of decency being outraged, and other detrimental effects that may be caused by nude or semi-nude waiters or waitresses. I I I Ordinance Number . .", .' . .. . (e) That it is necessary, in order to protect the public peace, health and safety, that this ordinance go into effect immediately following introduction and passage; that to enact this ordinance after two readings thereof and to wait thirty days thereafter would be detrimental to the public peace, health and safety in that restaurants and bars would be able to operate with nude or semi-nude waiters or waitresses until the effective date of this ordinance. Section 4. adoption of this provided by law. The City Clerk shall certify to the passage and ordinance and shall cause the same to be posted as PASSED, APPROVED, AND ADOPTED this 21st day of February, 1966. ATTEST: ~~~ City Clerk '~'L .May6r (/ Jte/t"~ , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s CITY OF SEAL BEACH ) I, F. W. Hickman, City Clerk of the City of Seal Beach, California, hereby certify that the foregoing ordinance was adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 21st day of February, 1966, by the following vote: AYES: councilmen4.J'.e.~~~~~ JW~ ~li'.tJi)df~ ). A <'~ NOES: Councilmen ~ ABSENT': Councilmen ~ h City Clerk