13.99.030 Definitions.
The following terms shall have the following meanings:
A. "City" shall mean the City of Berkeley.
B. "Department" shall mean the Department of Finance or other City department or agency as the City shall by resolution designate.
C. "Employee" shall mean any person who:
1. In a calendar week performs at least two (2) hours of work for an Employer within the geographic boundaries of the City; and
2. Qualifies as an Employee entitled to payment of a minimum wage from any Employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program.
D. "Employer" shall mean any Person, including corporate officers or executives, as defined in Section 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, subcontractor or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee, or any person receiving or holding a business license through Title 9 of the Berkeley Municipal Code.
E. "Minimum Wage" shall have the meaning set forth in Section 13.99.040 of this Chapter.
F. "Nonprofit Corporation" shall mean a nonprofit corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains valid nonprofit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section, or any non-profit educational organization qualified under Section 23701 (d) of the Revenue and Taxation code.
G. “Person” shall mean an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
H. "Service Charge" shall mean all separately-designated amounts collected from customers by an Employer at a food-service establishment, hotel or other hospitality focused business, that are for service by Employees, or are described in such a way that customers might reasonably believe that the amounts are for those services or in lieu of tips, including but not limited to those charges designated on receipts under the term "service charge," "delivery charge," or "porterage charge."
I. "Youth Works" means the City of Berkeley operated employment program for Berkeley youth. (Ord. 7505-NS § 1 (part), 2016: Ord. 7352-NS § 1 (part), 2014)