The City Council finds and declares:
(a)
A significant barrier to the advancement
of women and minorities in the business and professional life of the
City exists by virtue of the discriminatory practices of certain clubs
or organizations which are not distinctly private and where business
is frequently conducted. While such clubs or organizations may avowedly
be formed for social or civic purposes, the extent to which many of
their activities have had a prejudicial impact on the business, professional,
and employment opportunities of women and minorities cannot be ignored
or minimized.
(b)
The business activity most frequently
occurs in clubs or organizations having more than four hundred members
which provide regular meal services. Such services facilitate the
conducting of business. Such clubs or organizations also rent their
facilities for use as conference rooms for business meetings attended
by nonmembers.
(c)
The dues and expenses of members
at such clubs or organizations are often paid by their employers because
the employee's activities at said clubs or organizations serve to
develop and enhance the employer's business.
(d)
The City of Santa Monica has a compelling
interest in eradicating discrimination based on sex, race, color,
religion, ancestry, national origin, sexual orientation, Acquired
Immune Deficiency Syndrome (AIDS), or disability in order to assure
all of its citizens a fair and equal opportunity to participate in
the business and professional life of the City.
(e)
The conduct and practices which exclude
persons from entry or consideration for membership in or the full
advantages and privileges of such membership on these bases are discriminatory
and unacceptable, are injurious to the body politic, and to the business
community and the City of Santa Monica.
(f)
The City of Santa Monica's interest
in eliminating such practices in clubs or organizations covered by
this Ordinance outweighs the interest of their members in private
association.
(Prior code § 4940; added by Ord. No. 1456CCS, adopted 9/27/88)
The following words or terms shall
have the following meanings when used in this Chapter:
Any organization, institution, club, or place of accommodation
which satisfies the following requirements:
Has membership of whatever kind totaling
four hundred or more.
Provides regular meal service by
providing, either directly or indirectly under a contract or agreement
with another person, any meals on three or more days per week, during
two or more weeks per month, during six or more months per years.
Regularly accepts payments from nonmembers
for expenses incurred at the club by members or nonmembers in the
furtherance of trade or business, or on behalf of nonmembers for expenses
incurred at the club by nonmembers in the furtherance of trade or
business.
A club accepting as many payments during the course of a
year as the number of weeks any part of which the club is available
for use by members or nonmembers per year. The payments may be for
dues, fees, use of space, facilities, services, meals, or beverages.
Payment made by or on behalf of a trade or business organization,
payment made by an individual from an account which the individual
uses primarily for trade or business purposes, payment made by an
individual who is reimbursed for the payment by the individual's employer
or by a trade or business organization, or other payment made in connection
with an individual's trade or business, including entertaining clients
or business associates, holding meetings, or other business-related
events.
(Prior code § 4941; added by Ord. No. 1456CCS, adopted 9/27/88)
It is unlawful for a club which is
not distinctly private to deny to any person entry to facilities at,
membership in, or the full enjoyment of said club or organization
on the basis of sex, race, color, religion, ancestry, national origin,
sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or
disability.
(Prior code § 4942; added by Ord. No. 1456CCS, adopted 9/27/88)
(a)
Civil Action. Any person,
including the City of Santa Monica, may enforce the provisions of
this Chapter by means of a civil action.
(b)
Injunctions. Any person who commits an act, or proposes to commit an act, or engages in any pattern and practice of illegal discrimination in violation of Section 4.48.030 (Prohibition Against Discrimination) may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.
(c)
Penalties. Any person
who violates or aids or incites another person to violate, the provisions
of this Chapter is liable for each and every such offense for the
actual damages, and such amount as may be determined by a jury, or
a court sitting without a jury, up to a maximum of three times the
amount of actual damage, but in no case less than two hundred fifty
dollars, and such attorney's fees and court costs as may be determined
by the court in addition thereto, suffered by any aggrieved party.
In addition, the court may award punitive damages in a proper case.
(d)
Criminal Penalty. Each
violation of this Chapter shall be a misdemeanor punishable by six
months in jail or a five hundred dollar fine, or both.
(e)
Nonexclusive Remedies and Penalties. Nothing in this Chapter shall preclude any person from seeking any
other remedies, penalties, or procedures provided by law.
(Prior code § 4943; added by Ord. No. 1456CCS, adopted 9/27/88)
(a)
No employee of the City of Santa
Monica while on duty shall knowingly attend any meeting or program
offered by any organization, or at a facility operated by any organization,
that illegally discriminates against persons on the basis of sex,
race, color, religion, ancestry, national origin, sexual orientation,
Acquired Immune Deficiency Syndrome (AIDS), or disability in its membership
or admission policies. No City employee shall take any action that
would cause any person attending such a meeting or program to believe
that the City employee was attending the meeting or program on behalf
of the City.
(b)
The City shall not pay for any employee's
membership in any organization that illegally discriminates against
persons on the basis of sex, race, color, religion, ancestry, national
origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS),
or disability in its membership or admission policies.
(c)
This Section shall not prevent employees
of the City of Santa Monica from responding to emergency requests
for assistance affecting the public welfare or safety.
(d)
The City Council discourages its
members from knowingly attending any meeting or program offered by
any organization, or at a facility operated by an organization, that
illegally discriminates against individuals based on sex, race, color,
religion, ancestry, national origin, sexual orientation, Acquired
Immune Deficiency Syndrome (AIDS), or disability in its membership
or admission policies. Unless directed otherwise by a majority vote
of the City Council, no member of the City Council shall take any
action that would cause any person attending such a meeting or program
to believe that the City Councilmember was attending the meeting or
program on behalf of the City Council.
(e)
The City Council discourages the
Mayor from knowingly issuing proclamations, commendations, or other
such recognitions to any organization that illegally discriminates
against individuals based on sex, race, color, religion, ancestry,
national origin, sexual orientation, Acquired Immune Deficiency Syndrome
(AIDS), or disability in its membership or admission policies.
(Prior code § 4944; added by Ord. No. 1456CCS, adopted 9/27/88)
