Legal Question in Business Law in California

Re: catering business for synagogue

You are performing a service, and I assume, are a business. As such you can make any requirements as allowed by your contract and the law. Telling people they are not allowed in the kitchen, having that in your contract with the synagogue, is perfectly legal (as long as a preexisting contract does not state otherwise). It is also, most likely, perfectly legal for the synagogue to choose not to use your services and instead hire a caterer who allows the congregants to be in the kitchen when they cater.

Re: catering business for synagogue

I suppose it depends upon what you mean by "legally ask."

First, you will assuredly not be fined or given jail time for asking such a question, especially in view of the fact that it is apparently legal for various characters in Old Courthouse Square to ask me if I have any spare change.

You are, however, probably asking whether you can request, or demand, that congregants not be in the kitchen and have any hope that such a request or demand could be enforced by some legal process.

I do not know of any law, such as a food safety or health law, that would give a caterer the right to insist that all persons other than caterer personnel be excluded from the food-preparation area. Such a law may exist, but I am not aware of it. I suggest contacting county restaurant and food services staff, part of the health services department.

The other thing that might give you a legally enforceable right to exclude others from the kitchen would be to have a provision in your catering contract giving you a contractual right to determine who may be present in the kitchen while food is being catered. The problem with this is that contract clauses can only be enforced against parties to the contract (and certain intended third-party bebeficiaries), and if your contract is with the synagogue, it is probably not enforceable directly against individual congregants, but maybe the clause would induce the synagogue to make and enforce rules for your benefit (and theirs).

These are the ways that come readily to mind - there may be others, but basically it boils down to statutes and ordinances on the one hand, or contract provisions on the other.