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The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter:

A. "Change in control" means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets used in the operation of a hotel, or a discrete portion of a hotel that continues to operate as the same type of business of the incumbent hotel employer, or any person who controls the incumbent hotel employer.

B. "Hotel" means a residential building that is designated or used for lodging and other related services for the public, including but not limited to food and beverage preparation and service and meetings, tradeshows and conventions, and that contains fifty or more guest rooms, or suites of rooms. Adjoining rooms do not constitute a suite of rooms. "Hotel" also includes any contracted, leased or sublet premises connected to or operated in conjunction with a hotel.

C. "Hotel employee" means any individual whose regular place of work is a hotel within the city and who is employed on a full-time basis or a part-time basis such that the employee is regularly scheduled to work eight or more hours per week during the ninety days immediately preceding any change in control subject to this chapter. For the purposes of this chapter, "hotel employee" excludes persons who are managerial, supervisory, or confidential employees, and persons regularly scheduled to work fewer than eight hours per week.

D. "Incumbent hotel employer" means the person who owns, controls, and/or operates a hotel prior to the change in control.

E. "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity, with more than twenty-five employees in the state of California that may employ persons or enter into service contracts. For the purposes of this chapter, "person" excludes a county, school district, community college district, the state of California, the federal government, and any other governmental entity.

F. "Regularly scheduled" with respect to the definition of "hotel employee" in subsection C of this section refers to work schedules of an ongoing nature and not for a specific event or to accomplish a single repair or upgrade.

G. "Successor hotel employer" means the person who owns, controls, and/or operates a hotel after the change in control.

H. "Transfer document" means the purchase agreement or other documents creating a binding arrangement to effect the change in control.

(Ord. 2776 NCS §3, 2021.)