| 1 | | - | Assembly Bill No. 610 CHAPTER 4An act to amend Section 1474 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor March 25, 2024. Filed with Secretary of State March 25, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 610, Holden. Fast food restaurant industry: Fast Food Council: health, safety, employment, and minimum wage.Existing law, until January 1, 2029, establishes the Fast Food Council and prescribes the councils purposes, duties, and limitations, as described. Existing law establishes an hourly minimum wage for fast food restaurant employees, as described, authorizes the council to increase the hourly minimum wage pursuant to specified parameters, and sets forth requirements, limitations, and procedures for adopting and reviewing fast food restaurant health, safety, and employment standards. Existing law defines terms for these purposes, including defining fast food restaurant to mean a limited-service restaurant in the state that is part of a national fast food chain. Existing law exempts from the definition of fast food restaurant an establishment that on September 15, 2023, operates a bakery in a prescribed manner, as long as it continues to operate such a bakery. Existing law also exempts certain restaurants in grocery establishments. This bill would exempt additional restaurants from the definition of fast food restaurant, including such restaurants in airports, hotels, event centers, theme parks, museums, and certain other locations, as prescribed.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) The goals of the Fast Food Council created pursuant to Section 1475 of the Labor Code will be furthered by clarifying the scope of fast food restaurants and fast food restaurant workers covered by its terms.(b) Restaurants that are operated in conjunction with larger enterprises such as airports, hotels, large event centers, theme parks, museums, gambling establishments, corporate campuses, and certain public lands, generally do not share the same characteristics as traditional fast food restaurants that are part of national fast food chains, because restaurants operated in conjunction with larger enterprises have distinct economics and a captive customer base, are often operated subject to concession or food service contracts, and have different employment structures.(c) The amendments to Section 1474 of the Labor Code will not interfere with the objectives of Sections 1474, 1475, and 1476 of the Labor Code, including allowing the state to improve wages and working conditions in the fast food restaurant industry, which employs some of Californias lowest income workers.SEC. 2. Section 1474 of the Labor Code is amended to read:1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to how the immediate operation of new regulation of the fast food industry in California affects portions of the industry and existing local ordinances and pending regulatory and ballot measures, it is necessary for this statute to take effect immediately. |
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| 1 | + | Enrolled March 19, 2024 Passed IN Senate February 29, 2024 Passed IN Assembly March 18, 2024 Amended IN Senate February 22, 2024 Amended IN Senate January 29, 2024 Amended IN Senate August 14, 2023 Amended IN Senate July 03, 2023 Amended IN Assembly May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 610Introduced by Assembly Member HoldenFebruary 09, 2023An act to amend Section 1474 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 610, Holden. Fast food restaurant industry: Fast Food Council: health, safety, employment, and minimum wage.Existing law, until January 1, 2029, establishes the Fast Food Council and prescribes the councils purposes, duties, and limitations, as described. Existing law establishes an hourly minimum wage for fast food restaurant employees, as described, authorizes the council to increase the hourly minimum wage pursuant to specified parameters, and sets forth requirements, limitations, and procedures for adopting and reviewing fast food restaurant health, safety, and employment standards. Existing law defines terms for these purposes, including defining fast food restaurant to mean a limited-service restaurant in the state that is part of a national fast food chain. Existing law exempts from the definition of fast food restaurant an establishment that on September 15, 2023, operates a bakery in a prescribed manner, as long as it continues to operate such a bakery. Existing law also exempts certain restaurants in grocery establishments. This bill would exempt additional restaurants from the definition of fast food restaurant, including such restaurants in airports, hotels, event centers, theme parks, museums, and certain other locations, as prescribed.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) The goals of the Fast Food Council created pursuant to Section 1475 of the Labor Code will be furthered by clarifying the scope of fast food restaurants and fast food restaurant workers covered by its terms.(b) Restaurants that are operated in conjunction with larger enterprises such as airports, hotels, large event centers, theme parks, museums, gambling establishments, corporate campuses, and certain public lands, generally do not share the same characteristics as traditional fast food restaurants that are part of national fast food chains, because restaurants operated in conjunction with larger enterprises have distinct economics and a captive customer base, are often operated subject to concession or food service contracts, and have different employment structures.(c) The amendments to Section 1474 of the Labor Code will not interfere with the objectives of Sections 1474, 1475, and 1476 of the Labor Code, including allowing the state to improve wages and working conditions in the fast food restaurant industry, which employs some of Californias lowest income workers.SEC. 2. Section 1474 of the Labor Code is amended to read:1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to how the immediate operation of new regulation of the fast food industry in California affects portions of the industry and existing local ordinances and pending regulatory and ballot measures, it is necessary for this statute to take effect immediately. |
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| 14 | 28 | | |
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| 15 | 29 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 30 | | |
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| 17 | 31 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 32 | | |
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| 19 | 33 | | AB 610, Holden. Fast food restaurant industry: Fast Food Council: health, safety, employment, and minimum wage. |
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| 20 | 34 | | |
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| 21 | 35 | | Existing law, until January 1, 2029, establishes the Fast Food Council and prescribes the councils purposes, duties, and limitations, as described. Existing law establishes an hourly minimum wage for fast food restaurant employees, as described, authorizes the council to increase the hourly minimum wage pursuant to specified parameters, and sets forth requirements, limitations, and procedures for adopting and reviewing fast food restaurant health, safety, and employment standards. Existing law defines terms for these purposes, including defining fast food restaurant to mean a limited-service restaurant in the state that is part of a national fast food chain. Existing law exempts from the definition of fast food restaurant an establishment that on September 15, 2023, operates a bakery in a prescribed manner, as long as it continues to operate such a bakery. Existing law also exempts certain restaurants in grocery establishments. This bill would exempt additional restaurants from the definition of fast food restaurant, including such restaurants in airports, hotels, event centers, theme parks, museums, and certain other locations, as prescribed.This bill would declare that it is to take effect immediately as an urgency statute. |
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| 22 | 36 | | |
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| 23 | 37 | | Existing law, until January 1, 2029, establishes the Fast Food Council and prescribes the councils purposes, duties, and limitations, as described. Existing law establishes an hourly minimum wage for fast food restaurant employees, as described, authorizes the council to increase the hourly minimum wage pursuant to specified parameters, and sets forth requirements, limitations, and procedures for adopting and reviewing fast food restaurant health, safety, and employment standards. Existing law defines terms for these purposes, including defining fast food restaurant to mean a limited-service restaurant in the state that is part of a national fast food chain. Existing law exempts from the definition of fast food restaurant an establishment that on September 15, 2023, operates a bakery in a prescribed manner, as long as it continues to operate such a bakery. Existing law also exempts certain restaurants in grocery establishments. |
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| 24 | 38 | | |
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| 25 | 39 | | This bill would exempt additional restaurants from the definition of fast food restaurant, including such restaurants in airports, hotels, event centers, theme parks, museums, and certain other locations, as prescribed. |
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| 26 | 40 | | |
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| 27 | 41 | | This bill would declare that it is to take effect immediately as an urgency statute. |
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| 28 | 42 | | |
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| 29 | 43 | | ## Digest Key |
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| 30 | 44 | | |
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| 31 | 45 | | ## Bill Text |
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| 32 | 46 | | |
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| 33 | 47 | | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) The goals of the Fast Food Council created pursuant to Section 1475 of the Labor Code will be furthered by clarifying the scope of fast food restaurants and fast food restaurant workers covered by its terms.(b) Restaurants that are operated in conjunction with larger enterprises such as airports, hotels, large event centers, theme parks, museums, gambling establishments, corporate campuses, and certain public lands, generally do not share the same characteristics as traditional fast food restaurants that are part of national fast food chains, because restaurants operated in conjunction with larger enterprises have distinct economics and a captive customer base, are often operated subject to concession or food service contracts, and have different employment structures.(c) The amendments to Section 1474 of the Labor Code will not interfere with the objectives of Sections 1474, 1475, and 1476 of the Labor Code, including allowing the state to improve wages and working conditions in the fast food restaurant industry, which employs some of Californias lowest income workers.SEC. 2. Section 1474 of the Labor Code is amended to read:1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to how the immediate operation of new regulation of the fast food industry in California affects portions of the industry and existing local ordinances and pending regulatory and ballot measures, it is necessary for this statute to take effect immediately. |
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| 34 | 48 | | |
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| 35 | 49 | | The people of the State of California do enact as follows: |
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| 36 | 50 | | |
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| 37 | 51 | | ## The people of the State of California do enact as follows: |
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| 38 | 52 | | |
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| 39 | 53 | | SECTION 1. The Legislature finds and declares the following:(a) The goals of the Fast Food Council created pursuant to Section 1475 of the Labor Code will be furthered by clarifying the scope of fast food restaurants and fast food restaurant workers covered by its terms.(b) Restaurants that are operated in conjunction with larger enterprises such as airports, hotels, large event centers, theme parks, museums, gambling establishments, corporate campuses, and certain public lands, generally do not share the same characteristics as traditional fast food restaurants that are part of national fast food chains, because restaurants operated in conjunction with larger enterprises have distinct economics and a captive customer base, are often operated subject to concession or food service contracts, and have different employment structures.(c) The amendments to Section 1474 of the Labor Code will not interfere with the objectives of Sections 1474, 1475, and 1476 of the Labor Code, including allowing the state to improve wages and working conditions in the fast food restaurant industry, which employs some of Californias lowest income workers. |
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| 40 | 54 | | |
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| 41 | 55 | | SECTION 1. The Legislature finds and declares the following:(a) The goals of the Fast Food Council created pursuant to Section 1475 of the Labor Code will be furthered by clarifying the scope of fast food restaurants and fast food restaurant workers covered by its terms.(b) Restaurants that are operated in conjunction with larger enterprises such as airports, hotels, large event centers, theme parks, museums, gambling establishments, corporate campuses, and certain public lands, generally do not share the same characteristics as traditional fast food restaurants that are part of national fast food chains, because restaurants operated in conjunction with larger enterprises have distinct economics and a captive customer base, are often operated subject to concession or food service contracts, and have different employment structures.(c) The amendments to Section 1474 of the Labor Code will not interfere with the objectives of Sections 1474, 1475, and 1476 of the Labor Code, including allowing the state to improve wages and working conditions in the fast food restaurant industry, which employs some of Californias lowest income workers. |
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| 42 | 56 | | |
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| 43 | 57 | | SECTION 1. The Legislature finds and declares the following: |
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| 44 | 58 | | |
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| 45 | 59 | | ### SECTION 1. |
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| 46 | 60 | | |
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| 47 | 61 | | (a) The goals of the Fast Food Council created pursuant to Section 1475 of the Labor Code will be furthered by clarifying the scope of fast food restaurants and fast food restaurant workers covered by its terms. |
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| 48 | 62 | | |
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| 49 | 63 | | (b) Restaurants that are operated in conjunction with larger enterprises such as airports, hotels, large event centers, theme parks, museums, gambling establishments, corporate campuses, and certain public lands, generally do not share the same characteristics as traditional fast food restaurants that are part of national fast food chains, because restaurants operated in conjunction with larger enterprises have distinct economics and a captive customer base, are often operated subject to concession or food service contracts, and have different employment structures. |
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| 50 | 64 | | |
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| 51 | 65 | | (c) The amendments to Section 1474 of the Labor Code will not interfere with the objectives of Sections 1474, 1475, and 1476 of the Labor Code, including allowing the state to improve wages and working conditions in the fast food restaurant industry, which employs some of Californias lowest income workers. |
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| 52 | 66 | | |
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| 53 | 67 | | SEC. 2. Section 1474 of the Labor Code is amended to read:1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract. |
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| 54 | 68 | | |
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| 55 | 69 | | SEC. 2. Section 1474 of the Labor Code is amended to read: |
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| 56 | 70 | | |
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| 57 | 71 | | ### SEC. 2. |
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| 58 | 72 | | |
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| 59 | 73 | | 1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract. |
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| 60 | 74 | | |
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| 61 | 75 | | 1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract. |
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| 62 | 76 | | |
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| 63 | 77 | | 1474. For purposes of this part:(a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.(b) Council means the Fast Food Council.(c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain.(d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted.(e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise.(f) Fast food restaurant operator means a person who operates a fast food restaurant.(g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.(h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.(i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.(j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.(k) Fast food restaurant shall not include a restaurant that is any of the following:(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building.(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose.(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following:(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract. |
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| 64 | 78 | | |
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| 65 | 79 | | |
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| 66 | 80 | | |
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| 67 | 81 | | 1474. For purposes of this part: |
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| 68 | 82 | | |
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| 69 | 83 | | (a) National fast food chain means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, limited-service restaurant includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513. |
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| 70 | 84 | | |
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| 71 | 85 | | (b) Council means the Fast Food Council. |
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| 72 | 86 | | |
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| 73 | 87 | | (c) Except as provided in subdivisions (i) to (k), inclusive, fast food restaurant means a limited-service restaurant in the state that is part of a national fast food chain. |
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| 74 | 88 | | |
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| 75 | 89 | | (d) Fast food restaurant franchisee means a person to whom a fast food restaurant franchise is granted. |
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| 76 | 90 | | |
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| 77 | 91 | | (e) Fast food restaurant franchisor means a person who grants or has granted a fast food restaurant franchise. |
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| 78 | 92 | | |
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| 79 | 93 | | (f) Fast food restaurant operator means a person who operates a fast food restaurant. |
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| 80 | 94 | | |
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| 81 | 95 | | (g) Franchise, franchisee, and franchisor have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code. |
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| 82 | 96 | | |
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| 83 | 97 | | (h) Working conditions include, but are not limited to, wages, conditions affecting fast food restaurant employees health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace. |
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| 84 | 98 | | |
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| 85 | 99 | | (i) When a restaurant is located and operates within a grocery establishment, as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant. |
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| 86 | 100 | | |
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| 87 | 101 | | (j) Fast food restaurant shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishments premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item. |
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| 88 | 102 | | |
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| 89 | 103 | | (k) Fast food restaurant shall not include a restaurant that is any of the following: |
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| 90 | 104 | | |
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| 91 | 105 | | (1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility. |
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| 92 | 106 | | |
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| 93 | 107 | | (2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, hotel means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the buildings purpose, or providing services at the building. |
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| 94 | 108 | | |
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| 95 | 109 | | (3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, event center means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. Event center also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event centers purpose. |
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| 96 | 110 | | |
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| 97 | 111 | | (4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, theme park means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry. |
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| 98 | 112 | | |
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| 99 | 113 | | (5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code. |
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| 100 | 114 | | |
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| 101 | 115 | | (6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. |
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| 102 | 116 | | |
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| 103 | 117 | | (7) A restaurant that is all of the following: |
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| 104 | 118 | | |
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| 105 | 119 | | (A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates. |
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| 106 | 120 | | |
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| 107 | 121 | | (B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public. |
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| 108 | 122 | | |
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| 109 | 123 | | (C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus. |
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| 110 | 124 | | |
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| 111 | 125 | | (8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract. |
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| 112 | 126 | | |
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| 113 | 127 | | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to how the immediate operation of new regulation of the fast food industry in California affects portions of the industry and existing local ordinances and pending regulatory and ballot measures, it is necessary for this statute to take effect immediately. |
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| 114 | 128 | | |
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| 115 | 129 | | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to how the immediate operation of new regulation of the fast food industry in California affects portions of the industry and existing local ordinances and pending regulatory and ballot measures, it is necessary for this statute to take effect immediately. |
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| 116 | 130 | | |
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| 117 | 131 | | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
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| 118 | 132 | | |
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| 119 | 133 | | ### SEC. 3. |
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| 120 | 134 | | |
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| 121 | 135 | | Due to how the immediate operation of new regulation of the fast food industry in California affects portions of the industry and existing local ordinances and pending regulatory and ballot measures, it is necessary for this statute to take effect immediately. |
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