Consistent with a policy of non-discrimination in the use of
real or personal property owned by the City of Santa Barbara a "lessee's
obligation for non-discrimination certificate," as hereinafter set
forth shall be attached and incorporated by reference as an indispensable
and integral term of all leases of City owned real or personal property.
(Ord. 3501, 1972)
The "lessee's obligation for non-discrimination" is as follows:
A. Lessee
in the use of the property which is the subject of this lease or in
the operations to be conducted pursuant to the provisions of this
lease, will not discriminate or permit discrimination against any
person or class of persons by reason of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, pregnancy
and childbirth, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status (as those terms are defined
by the California Fair Employment and Housing Act — Government
Code Sections 12900 - 12996), or based on political affiliation, except
where such discrimination is related to bona fide occupational qualification
or as otherwise provided in Sections 12900 - 12996 of the California
Government Code.
B. Lessee
shall furnish its accommodations and services on a fair, equal and
non-discriminatory basis to all users thereof and lessee shall only
charge fair, reasonable and non-discriminatory prices for each unit
of service.
Lessee may make reasonable and non-discriminatory rebates, discounts
or other similar price reductions to volume purchasers to the extent
permitted by law.
C. Lessee
shall make its accommodations and services available to the public
on fair and reasonable terms without discrimination on the basis of
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information,
marital status, sex, pregnancy and childbirth, gender, gender identity,
gender expression, age, sexual orientation, or military and veteran
status (as those terms are defined by the California Fair Employment
and Housing Act —
Government Code Sections 12900 – 12996
except where such discrimination is related to bona fide occupational
qualification or as otherwise provided in Sections 12900 - 12996 of
the California
Government Code.
D. Lessee
shall not discriminate or allow discrimination either directly or
indirectly, in hiring or employing persons to work on the leased premises.
E. Lessee
agrees that it shall insert the above articles in any agreement by
which said Lessee transfers any interest herein or grants a right
or privilege to any person, firm or corporation to use the leased
premises or to render accommodations and services to the public on
the leased premises.
F. Non-compliance with subsections
A through
E above shall constitute a material breach hereof and in addition to any other remedies provided by law or this lease, in the event of such noncompliance the Lessor shall have the right to terminate this lease and the interest hereby created without liability therefor, or at the election of the Lessor, the Lessor shall have the right to enforce judicially the provisions of subsections
A through
E of this section.
In the event the Lessee is found to have failed to comply with the provisions of subsections
A through
E of this section and notwithstanding any other remedy pursued by Lessor, the Lessee shall pay to the Lessor the sum of $100.00 per day for each incident of a failure to comply.
(Ord. 3501, 1972; Ord. 4465, 1987; Ord. 5872, 2019)
This chapter shall apply to new leases only after the effective
date of the ordinance codified in this chapter and shall apply to
existing leases upon any renewal of the term thereof after the effective
date of the ordinance codified in this chapter.
(Ord. 3501, 1972)