Chapter 8.08 FOOD HANDLING ESTABLISHMENTS

8.08.010 Definitions.

8.08.020 Permit required.

8.08.030 Toilets.

8.08.010 Definitions.

For the purposes of this chapter certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from the context that they have a different meaning:
“Employee” means any person who handles food or drink during processing, manufacture, preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served, with or without pay.
“Food” and “beverage” mean and include all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.
“Food handling establishment” means any restaurant, itinerant restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, delicatessen, bakery, grocery, confectionery, meat market, and any other establishment which manufactures, processes, caters, stores, displays, sells or offers for sale to the public, food or drink, wholesale or retail, simple or compound, as well as rooms in which food or drink is prepared for sale or distribution elsewhere.
“Health Officer” means the Health Officer of the city of Oakland, or his or her authorized representatives.
“Itinerant restaurant” means one operating for a temporary period in connection with a fair, carnival, circus, public assembly or other similar gatherings.
“Restaurant” means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, caterer, sandwich stand, soda fountain, any other eating and drinking establishment which sells or offers for sale, serves or caters food to the public, as well as rooms in which food or drink is prepared for sale or distribution elsewhere.
“Vehicle” means every vehicle used for delivery or distribution of any meat, fish, shellfish, poultry, fruit, vegetable, bakery goods, candy or any other food or drink, as well as vehicles in or upon which food or drink is displayed, sold or offered for sale to the public. (Prior code §§ 4-4.01, 4-4.01(a)--4-4.01(f), 4-4.01(i))

8.08.020 Permit required.

It is unlawful for any person to own, conduct, operate, maintain or to participate therein, or to cause or permit to be conducted, operated or maintained any food handling establishment, restaurant, itinerant restaurant or any vehicle used to peddle, distribute or cater food or drink to the public in the city unless there exists a valid permit therefor, granted and existing in compliance with the provisions of Chapter 5.02 of this code, excepting, however, that application for such permit shall be made to, and such permit shall be issued by the Health Officer and no hearing shall be required thereon except in cases of denial, suspension or revocation of such permit. (Prior code § 4-4.02)

8.08.030 Toilets.

Every food handling establishment, excepting vehicles, shall be provided with adequate and conveniently located toilet facilities on the premises for all employees.
A. Where there are five or more persons of different sex, a sufficient number of separate toilets and lavatories shall be provided. No person shall be allowed to use any toilet assigned to persons of the other sex. Every person managing, conducting, or operating any place of business where any beverage containing more than one-half of one percent of alcohol by volume is sold or served for consumption upon the premises shall provide for the use of its patrons separate toilet facilities for each sex.
1. Exception. Food handling establishments with less than thirty-five (35) patrons may be permitted to have one unisex restroom.
B. Toilet room floors shall be constructed of cement, wood covered with mastic, or other impervious material, and the angle formed by the floor and wall shall be cove construction, sealed, and so constructed as to be easily cleaned. Surfaces of walls, partitions, doors, fixtures, toilet seats, bowls, and other equipment shall be smooth and nonabsorbent, and all painted surfaces shall be a light color.
C. Toilet rooms shall be kept clean and in good repair, well lighted, ventilated to the outside air, and effectively screened against insects. Toilet room doors shall be self-closing and shall not open directly into any room in which food, drinks, or utensils are handled, prepared or stored.
D. All sewer drains shall be connected to an approved sanitary sewer and shall be properly trapped and vented.
E. In new construction, all toilet rooms shall have floor drains properly trapped and connected to the sanitary sewer.
F. Toilet rooms shall be not less than eighteen (18) square feet in area.
G. The ceiling height in toilet rooms, measured from the finished floor to the lowest projection from the ceiling, shall be not less than seven feet.
H. In new construction the toilet facilities intended for the use of the public shall be so situated that patrons may not pass through the food-preparation rooms. (Prior code § 4-4.13)