For purposes of this Chapter, the following words or phrases shall have the following meanings:
"Affected business"
means: (1) in the event of a change in control as defined in subsection (c)(1) below, the business or discrete portion of the business that has been the subject of the change in control and remains in operation following the change in control; or (2) in the event of a change in control as defined in subsection (c)(2) or (c)(3) below, the business that remains in operation following the change in control of that business.
"Business"
means a Pier business. For purposes of this Chapter, "business" does not include nonprofit entities.
"Change in control"
means: (1) any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets used in the operation of a business or a discrete portion of the business that continues in operation; (2) any sale, assignment, transfer, contribution, or other disposition of a controlling interest (including by consolidation, merger, or reorganization) of an employer or any person who controls an employer; or (3) any other event or sequence of events (including a purchase, sale, lease, or termination of a management contract or lease) that causes the identity of the employer at a business to change. For purposes of this Chapter, a change in control shall be defined to occur on the date of execution of the document effectuating the change in control, or, if there is no single document effectuating the change in control, on the date of the document that culminates in the sequence of events comprising the change in control.
"Eligible worker"
means a worker employed by an incumbent Pier employer at the time of a change in control and who has been so employed for at least two months prior to the change in control, or, if there is no single document effectuating the change in control, a worker employed by an incumbent Pier employer at the beginning of the sequence of events that comprises the change in control and who as so employed for at least two months prior to the beginning of the sequence of events that comprises the change in control.
"Incumbent Pier employer"
means a Pier employer who owns, controls, or operates a Pier business prior to a change in control of the Pier business or of a discrete portion of the Pier business that continues to operate after the change in control.
"Pier"
means Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately 2,135 feet into the Santa Monica Bay.
"Pier business"
means a business that provides hospitality services on the Pier, including eating and drinking establishments, as defined by Santa Monica Municipal Code Section 9.51.020C.8, large-scale facilities, as defined by Santa Monica Municipal Code Section 9.51.020C.7.d and small-scale facilities, as defined by Santa Monica Municipal Code Section 9.51.020C.7.e and employs five or more workers.
"Pier employer"
means any person who owns, controls, or operates a Pier business, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs Pier workers to provide services at a Pier business in conjunction with the business's purpose.
"Pier worker"
means any person who is employed by a Pier employer to provide services at the Pier. "Pier worker" does not include a managerial, supervisory or confidential employee.
"Successor Pier employer"
means a Pier employer who: (1) owns, controls, or operates a Pier business after a change in control; or (2) owns, controls, or operates a Pier business that operates at the same location and provides the same or substantially similar hospitality services as an incumbent Pier employer.
"Worker"
means a Pier worker.
"Worker retention period"
means the period of time beginning on the date of a change in control and extending to 90 days from the first date that an affected business is open to the public after a change in control; or, if the successor Pier employer is not known at the time the incumbent Pier employer ceases operations, the period of time beginning on the date the incumbent Pier employer commences operations that are open to the public and extending for a period of 90 days.
(Added by Ord. No. 2847CCS, 2/10/2026)
(a) 
Notice of Change in Control. Within five days of a change in control of a Pier business, a successor Pier employer shall post written notice of the change in control at the location of the affected Pier business.
(1) 
This written notice shall remain posted during any closure of the affected Pier business and for six months following the first date on which the affected Pier business is open to the public under the successor Pier employer.
(2) 
This written notice shall include, but not be limited to, the name and contact information of the incumbent Pier employer, the name and contact information of the successor Pier employer, and the effective date of the change in control.
(3) 
This written notice shall be posted in a conspicuous place at the affected Pier business and shall be readily visible to eligible Pier workers, other employees, and applicants for employment.
(b) 
List of Eligible Workers.
(1) 
Within 15 days of a change in control, an incumbent Pier employer shall provide a successor Pier employer with a list of eligible workers. This list shall include the name, date of hire, and job classification of each eligible worker.
(2) 
A successor Pier employer shall be required to maintain and hire from this list during the worker retention period.
(3) 
In the event the successor Pier employer is not known at the time the incumbent Pier employer ceases operations, the provisions of this subsection (b) shall apply, provided that the successor Pier employer provides the same or substantially similar hospitality services as an incumbent Pier employer. When the successor Pier employer is not known at the time the incumbent Pier employer ceases operations, the incumbent Pier employer shall provide the City with a list of eligible workers consistent with the requirements set forth in subsection (b)(1), above. The City shall provide the successor Pier employer with the list of eligible workers within 15 days of City entering into an agreement with the successor Pier employer.
(c) 
Successor Pier employer responsibilities. A successor Pier employer shall, during the worker retention period, offer each eligible worker employment for no less than 90 days, except that if a successor Pier employer determines during the worker retention period that it requires fewer workers than were required by the incumbent Pier employer, the successor Pier employer shall retain eligible workers pursuant to the terms of a relevant collective bargaining agreement, if any, or by seniority and experience within each job classification to the extent that comparable job classifications exist.
(d) 
An eligible worker retained pursuant to this Section shall be employed under terms and conditions established by the successor Pier employer as required by law and shall not be discharged except for good cause based on individual performance or conduct.
(e) 
An offer of employment made pursuant to subsection (c) shall be made in writing and shall remain open for at least ten business days from the date of the offer.
(f) 
A successor Pier employer shall retain written verification of each offer of employment made pursuant to subsection (c). This verification shall include the name, address, date of hire, and job classification of the eligible worker to whom the offer was made. A successor Pier employer shall retain the required verification for no less than three years from the date the offer is made.
(g) 
At the end of the worker retention period, a successor Pier employer shall provide each worker retained pursuant to this Section with a written performance evaluation. If the worker's performance was satisfactory, the successor Pier employer shall consider offering the worker continued employment under the terms and conditions established by the successor employer and as required by law. A successor Pier employer shall retain the written performance evaluation required under this subsection for no less than three years from the date it is issued.
(h) 
The rights to retention set forth in this Section do not apply to any managerial, supervisory, or confidential employee and do not include the right to retain any supervisory or management responsibility.
(Added by Ord. No. 2847CCS, 2/10/2026)
All of the provisions of this Chapter, or any part thereof, may be waived pursuant to a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous written terms. Neither party to a collective bargaining agreement relationship may waive or supersede any provision of this Chapter by means of unilaterally imposed terms and conditions of employment.
(Added by Ord. No. 2847CCS, 2/10/2026)
No employer shall refuse to employ, terminate, reduce in compensation, or otherwise take any adverse action against any person for seeking to exercise or enforce his or her rights under this Chapter by any lawful means, for participating in proceedings related to this Chapter, for opposing any practice proscribed by this Chapter, or for otherwise asserting rights under this Chapter. There shall be a rebuttable presumption that an adverse employment action taken against a worker within ninety days of the worker's exercise of rights under this Chapter was taken in retaliation for the exercise of such rights. This Section shall also apply to any worker who mistakenly, but in good faith, alleges noncompliance with this Chapter.
(Added by Ord. No. 2847CCS, 2/10/2026)
(a) 
Civil Action. The City or any aggrieved person may enforce the provisions of this Chapter by means of a civil action.
(b) 
Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern or practice that violates this Chapter may be enjoined therefrom by a 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 interests of an aggrieved person or persons.
(c) 
Damages and Penalties. Any person who violates the provisions of this Chapter is liable for any actual damages suffered by any aggrieved person or for statutory damages up to the amount of $100 per aggrieved person per day. For willful violations, the amount of monies and penalties to be paid under this subsection shall be trebled.
(d) 
Cumulative Remedies. The remedies set forth in this Chapter are cumulative. Nothing in this Chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law.
(e) 
The provisions of this Chapter shall not be construed as creating a cause of action against the City.
(Added by Ord. No. 2847CCS, 2/10/2026)