O25961
City Council Meeting: January 8, 2019 Santa Monica, California
ORDINANCE NUMBER 2596 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTERS 4.62
AND 4.63 TO ENHANCE INVESTIGATORS’ ENFORCEMENT AUTHORITY AND
ACCESS TO RECORDS
WHEREAS, on January 26, 2016, the City Council of the City Of Santa Monica
adopted Ordinance No. 2509 (CCS), adding Chapter 4.62 to the Santa Monica Municipal
Code requiring a minimum wage for employees, and adding Chapter 4.63 to the Municipal
Code requiring a living wage for hotel workers; and
WHEREAS, on May 10, 2016, the City Council adopted Ordinance No. 2515
(CCS), amending Chapters 4.62, 4.63, and 4.65 of the Municipal Code relating to wage
alignment, first-time workers, paid sick leave, service charges, enforcement, and hotel
hardship waiver; and
WHEREAS, the City’s experience over the past two years in implementing and
enforcing the minimum wage and hotel living wage laws, in coordination with the Los
Angeles County Department of Consumer and Business Affairs, demonstrates that
enhancing enforcement capabilities and access to employer records would improve the
City’s ability to ensure fair working conditions and wages for employees in compliance
with local law; and thereby promotes the public health, safety, and welfare.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.62.100 is hereby amended
to read as follows:
4.62.100 Law enforcement access, remedies, and penalties.
(a) Records and Interview Access; Cooperation with Investigations. To
monitor and investigate compliance with the requirements of this Chapter, every
Employer shall cooperate with City-authorized investigators, including but not
limited to: accessing records, and allowing investigators to interview persons,
including Employees, during normal business hours.
(b) The City may issue and serve administrative subpoenas as necessary
to obtain specific information regarding minimum wage and benefits provided to
Employees pursuant to this Chapter, including, but not limited to, records
pertaining to each Employee that document the name, address, occupation, dates
of employment, rate or rates of pay, amount paid each pap period, the hours
worked for each Employee, and the formula by which each Employee’s wages,
sick leave, service charge distribution, and benefits, as applicable, are calculated,
to determine whether the Employer is in compliance with this Chapter. Any
subpoena issued pursuant to this section shall not require the production of
information sooner than 30 days from the date of service. A person that has been
served with an administrative subpoena may seek judicial review during that 30 -
day period.
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(c) Unless otherwise specifically provided, any person violating any
provision of this Chapter shall be guilty of a misdemeanor, which shall be
punishable by a fine not exceeding $500 but not less than $150 per violation, or
imprisonment in the County Jail for a period not exceeding six months, or by both
fine and imprisonment, or shall be guilty of an infraction, which shall be punishable
by a fine not exceeding $250 but not less than $100 per violation. Each such
person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this Chapter is committed,
continued, or permitted by such person and shall be punishable accordingly.
(d) Any person violating any provision of this Chapter or any rule or
regulation may be subject to administrative citation pursuant to Chapter 1.09 of
this Code.
(e) Any person convicted of violating any provision of this Chapter or the
terms and conditions of any permit or approval issued pursuant to this Chapter
shall be required to reimburse the law enforcement agency that investigated the
violation its full investigative costs.
(f) Violation of any provision of this Chapter, with the exception of
Sections 4.62.060 and 4.62.070, shall be considered a strict liability offense;
accordingly, the prosecution shall not be required to prove criminal intent or that
the violator meant to violate any provision of this Chapter.
(g) Prosecution for any violation of this Chapter, including the issuance of
any administrative citation or order, shall be commenced within three years after
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discovery of the commission of the offense by law enforcement authorities or by
the victims of the offense.
SECTION 2. Santa Monica Municipal Code Section 4.63.100 is hereby amended
to read as follows:
4.63.100 Law enforcement access, remedies, and penalties.
(a) Records and Interview Access; Cooperation with Investigations. To
monitor and investigate compliance with the requirements of this Chapter, every
Hotel Employer shall cooperate with City-authorized investigators, including but
not limited to: accessing records, and allowing investigators to interview persons,
including Hotel Workers, during normal business hours.
(b) The City may issue and serve administrative subpoenas as necessary
to obtain specific information regarding minimum wage and benefits provided to
Hotel Workers pursuant to this Chapter, including, but not limited to, records
pertaining to each Hotel Worker that document the name, address, occupation,
dates of employment, rate or rates of pay, amount paid each pap period, the hours
worked for each Hotel Worker, and the formula by which each Hotel Worker’s
wages, sick leave, service charge distribution, and benefits, as applicable, are
calculated, to determine whether the Hotel Employer is in compliance with this
Chapter. Any subpoena issued pursuant to this section shall not require the
production of information sooner than 30 days from the date of service. A person
that has been served with an administrative subpoena may seek judicial review
during that 30-day period.
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(c) Unless otherwise specifically provided, any person violating any
provision of this Chapter shall be guilty of a misdemeanor, which shall be
punishable by a fine not exceeding five hundred dollars but not less than one
hundred fifty dollars per violation, or imprisonment in the County Jail for a period
not exceeding six months, or by both fine and imprisonment, or shall be guilty of
an infraction, which shall be punishable by a fine not exceeding two hundred fifty
dollars but not less than one hundred dollars per violation. Each such person shall
be guilty of a separate offense for each and every day during any portion of which
any violation of any provision of this Chapter is committed, continued, or permitted
by such person and shall be punishable accordingly.
(d) Any person violating any provision of this Chapter or any rule or
regulation may be subject to administrative citation pursuant to Chapter 1.09 of
this Code.
(e) Any person convicted of violating any provision of this Chapter or the
terms and conditions of any permit or approval issued pursuant to this Chapter
shall be required to reimburse the law enforcement agency that investigated the
violation its full investigative costs.
(f) Violation of any provision of this Chapter, with the exception of Sections
4.63.060 and 4.63.070, shall be considered a strict liability offense; accordingly,
the prosecution shall not be required to prove criminal intent or that the violator
meant to violate any provision of this Chapter.
(g) Prosecution for any violation of this Chapter, including the issuance of
any administrative citation or order, shall be commenced within three years after
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discovery of the commission of the offense by law enforcement authorities or by
the victims of the offense.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Approved and adopted this 8th day of January, 2019.
_____________________________
G l e a m D a v i s , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2596 (CCS) had its introduction
on November 27, 2018, and was adopted at the Santa Monica City Council
meeting held on January 8, 2019, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, Morena, Winterer
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2596 (CCS) was duly published pursuant to
California Government Code Section 40806.
Gleam Davis (Jan 11, 2019)
Gleam Davis
Jan 11, 2019