2.36.010 - Scope and definitions.

The following definitions shall apply throughout this Chapter:

A.

"Hospitality Business" means any for-profit hotel or food service operation within the City which has employed more than one hundred and fifty (150) persons at a single site during any payroll period during the prior year. For these purposes "hotel" also includes any related facilities such as pools, restaurants, or spas which hotel guests may use.

B.

For purposes of determining the number of employees under the preceding subsection, the number of employees of separately-incorporated businesses operating within the same facility shall be aggregated if such businesses share any ownership or control.

C.

"Employee" does not include any person employed in a supervisory or managerial capacity.

D.

"New Operator" includes, but is not limited to, any purchaser or new management company, contractor, subcontractor, lessee, sublessee, or other person or entity which will take over as an employer at the facility where a Hospitality Business has been located.

(Ord. 12602 § 1, 2004)

2.36.020 - Preventing unemployment.

A.

If a New Operator takes over any Hospitality Business or portion thereof, it shall offer employment to all Employees of the preceding operator and not discharge them without just cause during the first one hundred and twenty (120) days of employment. If the New Operator determines that fewer Employees are needed to perform certain work, then the least senior Employee performing such work may be laid off.

B.

The New Operator shall keep a hiring list of laid off employees for at least one year.

(Ord. 12602 § 2, 2004)

2.36.030 - Retaliation and discrimination barred; no waiver of rights.

A.

No person shall discharge or otherwise discriminate against anyone for making a complaint, participating in any City proceeding, or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her rights under this Chapter.

B.

Any waiver by an individual of any of the provisions of this Chapter shall be deemed contrary to public policy and shall be void and unenforceable, except that Employees shall not be barred from entering into a written, valid collective bargaining agreement waiving any provision of this Chapter, if such waiver is set forth in clear and unambiguous terms.

(Ord. 12602 § 3, 2004)

2.36.040 - Enforcement.

A.

The City assumes no obligation to enforce the terms of this Chapter, and nothing herein shall be construed as creating a cause of action against the City.

B.

The City Manager may, in his or her discretion, develop regulations interpreting this Chapter and/or establishing complaint procedures within the City related to enforcement of this Chapter. Pursuit of any such complaint procedure shall not be a prerequisite for asserting a claim hereunder in a court of law.

C.

Any person claiming a violation of this Chapter may bring an action in the Municipal Court or Superior Court of the State of California, as appropriate, to enforce the provisions of this Chapter. Violations of this Chapter are declared to irreparably harm the public and covered employees generally.

D.

The Court shall award reasonable attorney's fees, witness fees and costs to any plaintiff who prevails in an action to enforce this Chapter.

E.

Section 2.36.020 of this Chapter shall apply, to the fullest extent permitted by law, to any discharge, layoff or hiring decision made by any person after receipt of notice of the pendency of this Chapter.

(Ord. 12602 § 4, 2004)

2.36.050 - Severability.

If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof and applications not so declared shall remain in full force and effect.

(Ord. 12602 § 5, 2004)