2.102.050 Applicability and Exemptions.
A. This Chapter shall not apply to any Employer that does not employ employees in a Hospitality Operation. The City Manager shall determine the applicability of an exemption under this subsection A. on a case-by-case basis. Any Employer claiming an exemption must submit a written request, including the evidentiary basis for the exemption, to the City Manager within five business days of receiving a request to enter into a Labor Peace Agreement. The Employer shall have the burden of proving that an exemption is applicable.
B. This Chapter shall not apply to an Employer if:
1. The City has no Proprietary Interest in the Hospitality Operation Lease under which the Employer operates a Hospitality Operation; or
2. The total floor area of the Hospitality Operation is less than 2,500 square feet; or
3. The Employer operates under a Pre-existing Lease. This exemption applies to an Employer for the duration of such Pre-existing Lease unless the Pre-Existing Lease is subject to a Substantial Amendment after the effective date of this Ordinance; or
4. The Employer is a signatory to valid and binding collective bargaining agreement(s) covering all of its Employees at the Marina Zone property; or
5. The Employer is a governmental agency, and the law would prohibit application of this Chapter.
C. Nothing in this Ordinance shall require or compel an employee to be a member of any labor organization, nor shall it require the developer, operator or any tenant, subcontractor, or sub-tenant of a Hospitality Operation to recognize a labor organization as the bargaining representative for its employees or to enter into a collective bargaining agreement with any labor organization. (Ord. 7859-NS § 1, 2023)