O2044
f:\atty\muni\laws\mjm~anitorcontractor-1.wpd
City Council Meeting 6-11-02
Santa Monica, California
ORDINANCE NUMBER 2044(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 4.72 TO THE SANTA MONICA MUNICIPAL
CODE PROHIBITING ENTERING INTO AN AGREEMENT FOR SERVICES WITH AN
UNLICENSED BUILDING MAINTENANCE SERVICE CONTRACTOR
WHEREAS, in recent years, janitors working in many large supermarkets in
Southern California, including in Santa Monica, have not been paid the minimum wage and
have not been receiving other basic protections of state and federal labor laws; and
WHEREAS, other violations have included the failure to pay overtime; the payment
of cash without itemized deductions; the failure to give one day's rest within a seven-day
work week; the failure to keep required records; and the failure to secure payment of
Workers Compensation; and
WHEREAS, supermarkets have increasingly "outsourced" their cleaning work to
outside contractors who, in tu rn, were reportedly violating the labor laws but were often fly-
by-night businesses that were difficult to locate and prosecute; and
WHEREAS, there currently is no state or local law that holds businesses
accountable for assuring that their janitorial contractors have business licenses; and
WHEREAS, in 2001, the Los Angeles County District Attorney's Office filed criminal
charges against building maintenance service contractors at four different supermarkets,
including one in Santa Monica, for violations of the wage and hour and other laws with
respect to their janitorial employees,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section . Chapter 4.72 is hereby added to the Santa Monica Municipal Code to
read as follows:
CHAPTER 4.72
BUILDING MAINTENANCE SERVICE CONTRACTORS
Section 4.72.010 Definitions.
The following words and phrases shall have the following meanings
when used in this Section:
Building maintenance service. Janitorial and custodial service
provided on nonresidential premises. The term does not include any service
or work customarily performed by a contractor who is licensed by the
Contractors' State License Board pursuant to Article 5 (commencing with
Section 7065) of Chapter 9 of Division 3 of the Business and Professions
Code and who is providing a contracting service within the scope of that
license.
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Building maintenance service contractor. Any person who, for a
fee, employs or contracts with workers to render building maintenance
service.
Person. Any individual, firm, partnership, association, limited liability
company, or corporation
Section 4.72.020. Prohibition on contracting with unlicensed
building maintenance service contractor. No person shall enter into an
agreement for building maintenance service with a building maintenance
service contractor who does not have a valid Santa Monica business license.
A person entering into such an agreement also shall assure that all
subcontractors of the building maintenance service contractor also have valid
Santa Monica business licenses.
Section 4.72.030. Business license requirement for building
maintenance service contractors. No building maintenance service
contractor shall operate in the City of Santa Monica without first having paid
the required business tax and having procured a license from the City.
Section 4.72.040. Penalties. Any person who is convicted of
violating this Section shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine of not greater than one thousand dollars or by
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imprisonment in the County Jail for not more than six months, or by both
such fine and imprisonment.
Section 4.72.050. Nonexclusive Remedies and Penalties. The
remedies provided in this Section are not exclusive, and nothing in this
Section shall preclude any person from seeking any other remedies,
penalties or procedures provided by law.
SECTION 2. Any provision of the Santa Monica Municipal Code or its appendices
inconsistent with the provisions ofthis Ordinance, to the extent of such inconsistencies and
no further, is hereby repealed or modified to the extent necessary to effect the provisions
of this Ordinance.
SECTION 3, 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 ofthis Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each 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 4. 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
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 11th day of June, 2002.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2044 (CCS) had it's introduction on May 21, 2002, and was
adopted at the Santa Monica City Council meeting on June 11, 2002, by the following
vote:
Council members:
Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tem McKeown, Mayor Feinsein
Council members:
None
Abstain: Council members:
None
Absent: Council members: None
ATTEST:
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Maria M. Stewart, City