San Francisco County Municipal Code Art. 73 Hospitality Industry Worker

RETENTION* Sec. 73.1. Purpose. Sec. 73.2. Definitions. Sec. 73.3. Continued Employment of Eligible Hospitality Workers. Sec. 73.4. Transition Employment Period. Sec. 73.5. Notice of Change in Control. Sec. 73.6. Remedies for Violation. Sec. 73.7. Exemption for Collective Bargaining Agreement. Sec. 73.8. No Limitation of Other Rights and Remedies. Sec. 73.9. Severability. Sec. 73.10. No Conflict with Federal or State Law.

*Editor’s Note: Former Police Code Article 33E (“Hospitality Industry Worker Retention”) was redesignated as Labor and Employment Code Article 73 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

Large hospitality establishments, such as large hotels, large restaurants, and food service facilities in stadiums and arenas, are a major employment base for San Francisco, supporting close to 30,000 jobs, generating over $10 billion in economic activity annually, and providing close to $1 billion in tax and fee revenue to the City. These establishments are also a major draw for visitors to San Francisco. An experienced and professional hospitality workforce benefits tourists and residents alike by ensuring that patrons of San Francisco’s hospitality establishments have a positive and safe customer experience and promoting San Francisco as a world-class destination. These establishments also provide good, stable employment for persons who are disproportionately low-income. Changes in ownership or management of large hospitality establishments can result in displacement of this workforce. A transitional retention period upon change in ownership, control, or operation of large hospitality establishments promotes stabilization of this vital workforce and helps ensure that visitors and residents of San Francisco continue to benefit from an experienced and professional hospitality industry workforce. (Added as Police Code Sec. 3300E.1 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Incumbent Hospitality Employer shall post notice of the Change in Control at the location of the affected Hospitality Establishment within five business days after the execution of the Transfer Document. Notice shall remain posted during any closure of the Hospitality Establishment and until the Hospitality Establishment is fully operational and open to the public under the Successor Hospitality Employer. (b) Notice shall include, but is not limited to, the name of the Incumbent Hospitality Employer and its contact information, the name of the Successor Hospitality Employer and its contact information, and the effective date of the Change in Control. For purposes of this subsection (b), contact information shall include but need not be limited to the name, address, phone number and email address of a representative of the Incumbent Hospitality Employer and Successor Hospitality Employer. (c) Notice shall be posted in a conspicuous place or places at the Hospitality Establishment so as to be readily viewed by Eligible Hospitality Workers and other employees. (Added as Police Code Sec. 3300E.5 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

All or any portion of the applicable requirements of this Article 73 may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms.

(Added as Police Code Sec. 3300E.7 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article 73 does not in any way limit the rights and remedies that the law otherwise provides to Eligible Hospitality Workers, including but not limited to the rights to be free from wrongful termination and unlawful discrimination. (Added as Police Code Sec. 3300E.8 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any part or provision of this Article 73, or the application of this Article in any circumstance, is enjoined or held invalid by a court of competent jurisdiction, the remainder of this Article, including the application of such part or provision in other circumstances, shall not be affected by such action and shall continue in full force and effect. To this end, the parts and provisions of this Article, and their application in particular circumstances, are severable. (Added as Police Code Sec. 3300E.9 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article 73 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Added as Police Code Sec. 3300E.10 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

In enacting and implementing this Article 73, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added as Police Code Sec. 3300E.11 by Ord. 100-14, File No. 140416, App. 6/26/2014, Eff. 7/26/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)