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The following definitions shall apply throughout this Ordinance:

A. "Marina Zone Business" means any business within the Marina Zone as defined herein which has employed more than 50 persons during any payroll period during the 18 months of operation prior to being taken over by a New Operator.

B. For purposes of determining the number of employees under the preceding section, the number of employees of separately-owned businesses shall be aggregated if part of a single enterprise as defined under the Fair Labor Standards Act or if operated on the same parcel or in the same building.

C. "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 Marina Zone Business has been located.

D. "Marina Zone" shall mean all land held in trust by the City of Berkeley pursuant to the Public Trust Tidelands grant from the State of California to the City of Berkeley, Stats. 1962, Ch. 55; specifically, Aquatic Park and all land, including submerged land, which is west of Marina Boulevard as it is presently constructed and as if it were extended, in both northerly and southerly directions, to the Berkeley city limits and all land north of Spinnaker Way as it is presently constructed and as if it were extended to the shoreline, to the east, and to the Berkeley city limits, to the west.

E. "Employee" shall mean any employee employed at the Marina Zone Business for at least 90 days. (Ord. 6941-NS § 2 (part), 2006)