Irvine Municipal Code Div. 18 Business

A business license is hereby required by this division for any business activity conducted in this City.

(Ord. No. 23-19, § 2, 8-8-23)

For the purposes of this division, the following words shall have the meanings respectively ascribed to them:

Business: Professions, trades and occupations of each and every kind operating under the same single entity carried on for profit or livelihood, including all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, trusts, societies and individuals transacting or carrying on any business or to provide for and maintain a place or base of support or operations for such activities in the City other than as an employee which includes:

A. The maintenance, operation, management or control of any office, store, warehouse, factory, establishment, mailbox, location or place:

1. Having one or more telephones listed for any business activity in any classified directory of any telephone book;

2. At which any processing, supervising, administration, research, sales, promotion, solicitation, distributing, routing, delivering, dispatching, billing, collection, accounting, record-keeping or other activity is conducted in connection with any profession, trade, or occupation;

3. In which any letter, announcement, advertisement, circular, handbill, newspaper, agreement, contract, instruction, legal instrument, financial statement, statement of account, financial record or any other instrument or record is written, printed, reproduced, published, prepared or kept in connection with any profession, trade, or occupation;

4. From which any circular, handbill, newspaper, announcement, advertisement, statement of account, card or letter is sent or distributed, or any contract is made in person or by telephone in connection with any profession, trade, or occupation;

5. Upon any wall, window, door, roof, other portion, or in the proximity of which there is maintained any sign, letter, announcement or advertisement indicating that such office or place is one at which any act is performed in connection with any profession, trade, or occupation;

B. The repeated or continuous offering or contracting, orally or in writing, in connection with any profession, trade, or occupation;

C. Exemption: Businesses or individuals that rent or sublet five or fewer residential dwelling units.

Contiguous location: Any one or more contiguous sites, not separated by public roads, facilities, or properties owned by others and the site(s) are used for similar business activities.

Similar business activity: Any business activity that can be classified within the six digit industry group number as specified by the United States Government Office of Management and Budget North American Industry Classification System (NAICS).

Voluntary compliance: The submission of a completed business license application and payment for a business license prior to any written notification by City officials stating the need for a business license under the terms and conditions of this division.

(Ord. No. 23-19, § 2, 8-8-23)

A. The operation of a business in violation of this division shall constitute a misdemeanor.

B. It shall be the duty of the City and all officers of the City otherwise charged with the enforcement of the law to enforce this division. The Director of a relevant department within the City or designee is charged with the power to enforce this division and is charged with the duties hereunder by examining or causing to be examined all places of business in the City to ascertain whether the provisions of this division have been complied with.

C. Any code enforcement officer or any police officer shall have the power to demand an exhibition of any license issued under the terms of this division. A person having any license, issued under the terms of this division, in his or her position or under his or her control who willfully fails to exhibit the license on demand shall be guilty of a misdemeanor.

(Ord. No. 23-19, § 2, 8-8-23)

Businesses subject to this division shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other provisions of this Code or ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances.

(Ord. No. 23-19, § 2, 8-8-23)

A. Reserved.

B. Any business claiming an exemption pursuant to this section, in addition to making an application for a license as provided for by this division, shall file a verified statement with the Director or designee stating the facts upon which the exemption is claimed.

C. The Director or designee, after giving notice and reasonable opportunity for an appeal hearing as set forth in Section 1-18-123 and Section 1-18-125, may revoke any license granted pursuant to the provisions of this section on finding that the licensee is not entitled to an exemption as provided herein.

(Ord. No. 23-19, § 2, 8-8-23)

A. It shall be unlawful for any person to transact or carry on any business activity, trade, profession, calling or occupation in the City without first having procured a license from this City to do so or without complying with any and all applicable provisions of this division.

B. This section shall not be construed to require any person to obtain a license prior to transacting or carrying on any business activity within the City if such requirement conflicts with applicable statutes of the United States.

C. Every business that transacts or carries on any business activity, whether upon a cost, rental, or commission basis, as a concession or upon rented or leased floor space in or upon the premises of any businesses holding a license under any provision of this division must obtain a business license.

D. Where a business is conducted from one or more locations outside the City, only one license for each business need be issued for transacting and carrying on business in this City from all such outside locations. Warehouses and distribution plants located in the City used in connection with and incidental to a business for which a license has been issued shall not be deemed to be a branch establishment or separate location requiring a separate business license.

(Ord. No. 23-19, § 2, 8-8-23)

No person, firm or corporation shall obtain a business license for either the provision of massage for compensation or to establish or operate a massage establishment as that term is defined in Section 2-10-301 without complying with the requirements of both this division and Title 2, Division 10, Chapter 3 of this Code.

(Ord. No. 23-19, § 2, 8-8-23)

Every person not having a fixed place of business in the City who sells goods, wares or other merchandise, or provides services from a vehicle shall be required to obtain a business license for engaging in business activity within the City. Those vehicles delivering goods, wares or merchandise for resale or future manufacturing are exempt from the provisions of this section. It is the intent of this section to regulate those vehicles used as a principal place of business. Businesses that operate within the City and utilize one or more vehicles shall be covered under a single business license.

(Ord. No. 23-19, § 2, 8-8-23)

A. Every business required to have a license under the provisions of this division shall make application therefor on such forms as may be prescribed by the City. Every business license applicant shall submit information in its application describing each business license location and type of business activity conducted at each location that is operated by the applicant.

B. Every applicant must disclose on its application any and all additional government approvals, permits, licenses, and/or entitlements required in order to operate the business for which the application has been submitted. The applicant must supply evidence satisfactory to the Director or designee, that the applicant possesses all such governmental approvals, permits, licenses and entitlements.

C. Any business that transacts or carries any business activity, contracts, sells or delivers any goods, wares or merchandise in this City for which sales or use tax is payable and is required to report any payment of sales and use tax to the State shall obtain a California State Board of Equalization license and must furnish the sales tax number on the business license application.

(Ord. No. 23-19, § 2, 8-8-23)

No statement on the application for a license required by the provisions of this division shall be conclusive as to the matters set forth therein nor shall the filing of the same preclude the City from collecting, by an appropriate action, such sum as is actually due and payable under the terms and conditions of this division. Every application and each of the items contained therein shall be subject to verification by the Director or designee.

(Ord. No. 23-19, § 2, 8-8-23)

A. If any business fails to file or complete any required application, declaration or other required document under the terms of this division, within 30 days from official written notification requesting the completion of said document, the Director or designee may determine the amount of penalties due from such businesses by means of such information as he or she may be able to obtain. If the Director or designee is not satisfied with the information supplied in statements or applications filed from an applicant, the Director or designee may determine the amount of any penalties due by means of such information as he or she may be able to obtain.

B. If the Director or designee determines that penalties are due he or she shall give a notice of the amount so assessed by written notification to the applicant. The applicant may, within 30 days after the serving of such notice by the United States Post Office, postage prepaid, make application in writing to the City Clerk for an appeal hearing in accordance with Section 1-18-123 regarding the amount of the assessed penalty accrued. If such application is made, the City Clerk shall cause the matter to be set for hearing in accordance with Section 1-18-125. If the application for a hearing is not made within the time prescribed herein, the penalty due shall become final and conclusive.

(Ord. No. 23-19, § 2, 8-8-23)

The fee for a license required by the provisions of this division shall be set by resolution of the City Council, which may be amended from time-to-time, and shall be paid to the City of Irvine before a license is issued. Thereafter, each fee shall be paid annually prior to license renewal in accordance with such resolution.

(Ord. No. 23-19, § 2, 8-8-23)

Except in cases otherwise specifically provided for in this division, the license term for licenses issued under this division shall be for 12 consecutive months, commencing from the first day of the month in which the license application is received by the City.

(Ord. No. 23-19, § 2, 8-8-23)

A. Renewal.

1. Notwithstanding any other provisions of this division, any business which fails to apply for the renewal of an existing license, and is continuing to transact or carry on any business activity within the City, shall pay a penalty in an amount established by resolution of the City Council, which may be amended from time-to-time, for each year that the license is not renewed.

2. Penalties shall accrue 60 calendar days after the license renewal is due. U.S. Postal Service postage cancellation on the transmitting envelope shall be accepted as the date of payment made.

3. Any business which has ceased operating and conducting business in this City shall inform the City in writing of the date the business has ceased conducting business, and having done such, the license shall be closed and no further penalties shall accrue.

B. No license. Notwithstanding any other provisions of this division, for any business that is found to be transacting or carrying on business activity in this City without first applying for a license, following a two-month new business start-up period, a penalty in the amount established by resolution of the City Council, which may be amended from time-to-time, shall be assessed for each year or a portion thereof that the business has operated.

C. Voluntary compliance. Any business that is currently transacting and carrying on any business activity without a license application on file with this City that initiates the voluntary completion of a license application will receive a 50 percent reduction in the amount of penalties imposed by this division.

D. Closure and cancellation for failure to renew business license when due.

1. Businesses that are located within the boundaries of the City that fail to apply for the renewal of an existing business license in accordance with the terms and conditions of this division, including the payment of applicable penalties, within five months of the expiration date of the existing license will result in the closure and cancellation of the existing license and application on file with the City.

2. Businesses that are located outside the boundaries of the City that fail to apply for the renewal of an existing business license in accordance with the terms and conditions of this division, including the payment of applicable penalties, within three months of the expiration date of the existing license will result in the closure and cancellation of the existing license and application on file with the City.

(Ord. No. 23-19, § 2, 8-8-23)

The Director or designee shall have the authority, for good cause shown, to extend the time for filing a business license renewal and to waive any penalty that would have otherwise accrued.

(Ord. No. 23-19, § 2, 8-8-23)

A. A business license application may be denied if the Director or designee determines that the applicant for a license has applied for the license by misrepresentation, refused to complete all portions of the license application, or has failed to comply with one or more of the specific provisions of this division or any other ordinance of this City.

B. Furthermore, a business license application may be denied if the Director or designee determines, based upon substantial evidence that the applicant has not obtained or does not currently hold each and every one of the additional governmental approvals or entitlements required in order to lawfully operate the business, or alternatively, that the application did not identify certain required government approvals or entitlements which the applicant does not have.

(Ord. No. 23-19, § 2, 8-8-23)

A. Upon the approval of an application for a license required by this division, the Director or designee shall issue a license to the applicant.

B. No license shall be issued nor shall one which has been suspended, revoked or closed be reinstated or reissued to any business that at the time of application is indebted to the City unless first making arrangements with the Director or designee to pay such debt.

(Ord. No. 23-19, § 2, 8-8-23)

If the applicant for a new license or the renewal of a license or the holder of a license is aggrieved by any decision of the Director or designee with respect to a penalty, denial, refusal to issue a license, revocation of a license, or the failure to grant an exemption as provided for under the terms of this division, the applicant, within 30 calendar days, after receiving official written notification of such determination by the Director or designee may appeal such decision by filing a notice of appeal with the City Clerk. The City Clerk shall then fix a time and place for a hearing of the appeal. The City Clerk shall give notice to the business that filed the notice of appeal of the time and place of the hearing as provided by Section 1-18-125.

(Ord. No. 23-19, § 2, 8-8-23)

A. All notices to be given pursuant to the terms of this section shall be served personally or by depositing it in the United States Post Office, certified and postage prepaid to the business's last known address.

B. All appeal hearings shall be before the City Manager, appointed hearing committee, or designee. All revocation hearings shall be before the Director or designee. The City Clerk shall give at least 10 days' notice of the time and place of the hearing to the applicant. The hearing officer shall consider all evidence, including testimony by the applicant or his/her agent, produced and shall make appropriate findings thereon. Notice of such findings shall be served on the applicant by depositing such findings in the United States Mail, certified and postage prepaid to the business's last known address. The decision of the City Manager in all appeal hearings shall be final.

(Ord. No. 23-19, § 2, 8-8-23)

If the applicant disagrees with the final appeal decision of the City Manager or Committee, the applicant may file an appeal pursuant to California Code of Civil Procedure §§ 1094.5 and 1094.6. Should an applicant fail to file such an appeal in accordance with the mandates of Code of Civil Procedure §§ 1094.5 and 1094.6, the applicant releases any further claims against the City and its officers or agents based on the denial of such license.

(Ord. No. 23-19, § 2, 8-8-23)

Each license issued under the provisions of this division shall contain:

A. The name of the person to whom the license is issued; and

B. The name of the business licensed; and

C. The place where such business is to be transacted or carried on; and

D. The date of expiration of the license; and

E. Such other information as may be necessary for the enforcement of the provisions of this division; and

F. The number of employees; and

G. The number of vehicles from which business will be conducted.

(Ord. No. 23-19, § 2, 8-8-23)

No license issued pursuant to this division shall be transferable; provided that, where a license authorizing a business to transact and carry on a business activity at a particular place, such licensee may, upon submitting an application, have the license rechecked for proper zoning compatible with the business type; and if approved, the license shall be reissued to authorize the transacting and carrying on of such business under said license at some other location to which the business is to be moved. The unexpired license previously issued shall be returned prior to the issuance of an amended license.

(Ord. No. 23-19, § 2, 8-8-23)

A duplicate license may be issued by the Director or designee to replace any license previously issued under this division which has been lost or destroyed when the licensee files a statement of such fact and, at the same time of filing such statement, pays a fee in an amount established by resolution of the City Council, which may be amended from time-to-time.

(Ord. No. 23-19, § 2, 8-8-23)

A license may be amended to reflect a change in business name and/or mailing address upon the licensee filing a statement of such fact, and paying a fee in an amount established by resolution of the City Council, which may be amended from time-to-time. The unexpired license previously issued shall be returned prior to the issuance of an amended license.

(Ord. No. 23-19, § 2, 8-8-23)

A. Except as otherwise provided by the provisions of this division, all required license certificates must be kept on the premises where such business is conducted.

B. Any person transacting or carrying on any business activity within the City but not operating from a fixed place of business in the City shall have the license, or a copy of the license, upon his or her person at all times while transacting or carrying on such business. In addition, any person transacting or carrying on business within this City but not operating from a fixed place of business in this City shall keep valid employer/employee identification upon his or her person at all times while transacting or carrying on such business in the City.

(Ord. No. 23-19, § 2, 8-8-23)

A. A business license may be revoked if the Director or designee determines, after a hearing pursuant to Section 1-18-125, that the holder of a license has obtained the license by misrepresentation or has failed to comply with one or more of the specific provisions of this division or any other ordinance of this City.

B. Furthermore, a business license may be revoked if the Director or designee determines, after a hearing pursuant to Section 1-18-125, based upon substantial evidence that the licensee has not obtained or does not currently hold each and every one of the additional governmental approvals or entitlements required in order to lawfully operate the business, or alternatively, that the licensee did not identify, on the application, certain required government approvals or entitlements that the licensee does not have.

C. If the licensee disagrees with a decision revoking his or her license, the licensee may file an appeal pursuant to Section 1-18-123 and Section 1-18-125 within 30 days of receipt of the written decision to revoke the license. If the licensee is dissatisfied with the decision in that appeal, the licensee may file a petition pursuant to Code of Civil Procedure § 1094.5 for review of that decision with a court of competent jurisdiction within 30 days of receipt of the written decision on such appeal. Should the licensee fail to file such an appeal pursuant to Section 1-18-123 and Section 1-18-125 or thereafter fail to file such a petition within the said 30-day period, the licensee releases any further claims against the City and its officers or agents based on the revocation of the license.

(Ord. No. 23-19, § 2, 8-8-23)

When any business by use of signs, circulars, cards, telephone book, newspapers, mailbox, advertisement or by address holds out or otherwise represents that they are transacting or carrying on any business activity in the City, or when any business holds an active license or license issued by a governmental agency indicating that they are in business in the City, or when any business has filed a fictitious business name application showing a business address in the City, that business shall be deemed to be transacting and carrying on a business activity for the purpose of this division. These factors shall be considered prima facie evidence that the business is transacting or carrying on business in the City for purposes of this division unless evidence is presented to the contrary and is satisfactory to the Director or designee.

(Ord. No. 23-19, § 2, 8-8-23)

Upon application being made, the Director or designee shall process the application. The entire application must be completed accurately before it will be processed. If the application is for a new business or if deemed necessary, the application shall be submitted to other departments, as necessary to determine whether the business activity and the premises to be occupied meet the requirements of State law and City ordinances.

(Ord. No. 23-19, § 2, 8-8-23)

A. Issuance of a business license shall not entitle the holder thereof to transact or to carry on any business called for by the license unless the licensee has complied with all requirements of this division and any other applicable federal, state, or local regulations pertaining to such business.

B. No license issued under the provisions of this division shall be construed as authorizing the conduct or the continuance of any illegal or unlawful business or activity.

(Ord. No. 23-19, § 2, 8-8-23)

The amount of any penalties imposed by provisions of this division shall be deemed a debt to the City and shall be subject to an action by and in the name of the City in any court of competent jurisdiction for the recovery of any such amount, together with any attorney fees and other associated costs of collection.

(Ord. No. 23-19, § 2, 8-8-23)

No penalty shall be refunded for any fraction of a year that the business is not conducted. The Director or designee may refund any penalty which has been determined to be erroneously collected; but no penalty shall be refunded if, prior to the business's application for a license, the applicant has engaged in the business for which the license is sought. No refund shall be made where the license was issued under a misrepresentation of fact by the applicant or if such applicant actually engaged in conduct of business activity for which the license was granted.

(Ord. No. 23-19, § 2, 8-8-23)

Any statement or information filed or gathered pursuant to this division shall be deemed to be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to persons charged with the administration of this division. The foregoing prohibition shall not apply to the following information contained in the business license application:

• Business name.

• Business telephone.

• Business mailing and street address.

• Business classification description.

• Number of employees.

• Owner's or representative's name.

• The name of the principals, if the business is a partnership or corporation.

(Ord. No. 23-19, § 2, 8-8-23)

All business activities which involve special events or procedures which are not consistent with normal approved recreational, business, or residential property use, or use of devices using building, electrical, mechanical, plumbing, flammable materials, film productions, carnivals, tents or similar materials, whether temporary or permanent, shall be required to comply with Chapter 8 of Division 10 of Title 2 of the City Code of Ordinances, titled "Special Events."

(Ord. No. 23-19, § 2, 8-8-23)

A. All businesses operating in the City whether or not such business has a fixed location within the City shall, upon request by the Director or designee, provide the City with the names and addresses of all businesses who lease or rent suites, mailboxes or in some other manner occupy the premises including, but not limited to, all brokers, doctors, independent contractors or agents working for, in conjunction with, or out of the same location as the contacted business.

B. All businesses operating in the City that are exempt from obtaining a business license whether or not that business has a fixed location in the City shall, upon request by the Director, Building Official, or designee, provide the City with the names and addresses of all businesses who lease or rent suites, mailboxes or in some other manner occupy the premises, including, but not limited to, all brokers, doctors, independent contractors or agents working for, in conjunction with or out of the same location as the exempt business.

(Ord. No. 23-19, § 2, 8-8-23)

The Director or designee may make administrative rules and regulations consistent with the provisions of this division as may be necessary or desirable to aid in the enforcement of the provisions of this division. Such rules and regulations shall be approved by the City Attorney prior to becoming effective.

(Ord. No. 23-19, § 2, 8-8-23)

The Director or designee is not required to send a notice or a bill to any business subject to the provisions of this division and the failure to send or receive such notice or bill shall not affect the validity of any penalty due hereunder or the duty of such business to pay the required penalty due.

(Ord. No. 23-19, § 2, 8-8-23)

Acceptance of any penalty that is less than the amount required under the provisions of this division shall not be construed as meeting the requirements of this division. No business license certificate shall be issued until the full debt owed is completely paid. However, the Director or designee is authorized to waive or make administrative adjustments to a penalty due when such adjustments are in the best interest of the City or for reasons of efficiency and cost effectiveness.

(Ord. No. 23-19, § 2, 8-8-23)

A. Definitions. For purposes of this section, the following definitions apply:

Adverse action means reducing compensation, garnishing gratuities, temporarily or permanently denying or limiting access to work, incentives, or bonuses, offering less desirable work, demoting, terminating, deactivating, placing on hold status, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, or otherwise discriminating against a grocery worker. "Adverse action" may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and condition of employment.

Aggrieved party means a grocery worker or other person who suffers tangible or intangible harm due to a covered employer or other person's violation of this section.

Base wage rate means the regular hourly wage rate paid to a grocery worker.

City means the City of Irvine.

Covered employer means any retail establishment, as defined herein, that is located in the City of Irvine, employs at least 20 employees at the retail establishment, and whose owner, parent company, franchisor or network of franchises employs 500 or more employees nationally. For purposes of this definition, all employees who worked for compensation shall be counted, including but not limited to (a) employees who are not covered by this and (b) employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency.

Grocery worker means an individual who performs at least two hours of work in a calendar week for a covered employer within the City of Irvine, but does not include managerial, supervisory or confidential employees of a covered employer.

Hours worked means the time during which a grocery worker is subject to the control of a covered employer, including any time that the employee is suffered or permitted to work or on-call.

Person means any individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

Premium pay means an additional $4.00 per hour wage premium for each hour worked that is in addition to a grocery worker's base pay rate and any commissions, gratuities, bonuses or any other form of regular or premium pay that is owed to the grocery worker, including but not limited to any holiday, overtime, or vacation pay.

Retail establishment means a retail establishment located in the City of Irvine that:

1. Devotes 70 percent or more of its sales floor area to retailing a general range of food products, which may be fresh or packaged, or receives 70 percent or more revenue from retailing a general range of food products;

2. Is more than 85,000 square feet and devotes ten percent or more of its sales floor area to the sale of merchandise that is non-taxable pursuant to Section 6359 of the Revenue and Taxation Code, including retail establishments with multiple tenants, so long as consumer goods and nontaxable items are sold under the same roof with shared checkout stands, entrances, and exits; or

3. Is retail pharmacy that sells a variety of prescription and nonprescription medicines, as well as any combination of miscellaneous items, including but not limited to sundries, dry foods, packaged foods, beverages, fresh produce, meats, deli products, dairy products, canned foods, or prepared foods.

4. Notwithstanding anything in this section to the contrary, this section shall not apply to any store otherwise covered by subsection 1., above, which is less than 15,000 square feet.

B. Premium pay requirement.

1. Each covered employer shall pay each grocery worker premium pay consisting of an additional $4.00 per hour for each hour worked.

2. Covered employers shall provide the pay required for a minimum of 120 days from the effective date of this section.

C. Grocery worker protections.

1. It shall be unlawful for a covered employer to fund the premium pay required under this section by reducing the base wage rate, overtime, holiday or other premium pay rate, hours of work, vacation, pension contributions, or other non-wage benefits of any grocery worker, or by increasing charges to any grocery worker for parking, uniforms, meals, or other work-related materials or equipment.

2. A covered employer violates the prohibition if a motivating factor in the covered employer's decision to take any adverse actions, unless the covered employer proves that it would have taken the same action at the time that it did irrespective of the ordinance's operation.

D. Notice of rights.

1. Each covered employer shall provide grocery workers with a written notice of rights established by this section in a form published by City. The notice of rights shall be in a form and manner sufficient to inform grocery workers of their rights under this section. The notice of rights shall provide information on:

a. The right to premium pay guaranteed by this section;

b. The right to be protected from retaliation for exercising in good faith the rights protected by this section;

c. The right to bring a civil action for a violation of the requirements of this section, including a covered employer's denial of premium pay as required by this section and a covered employer's or other person's retaliation against a grocery worker or other person for asserting the right to premium pay or otherwise engaging in an activity protected by this section.

2. Covered employers shall post the notice of rights required in a conspicuous location, and in an electronic format that is readily accessible to the grocery workers, including smartphone application or online web portal. The notice shall be in English, Spanish, and any other primary language spoken by at least 10 percent of the covered employer's retail establishment.

E. Record keeping.

1. Covered employers shall retain records that document compliance with this section, including payroll records listing the premium pay required by this section as a separate item, for a period of two years.

2. If a covered employer fails to retain adequate records required, there shall be a presumption, rebuttable by clear and convincing evidence, that the covered employer violated this section for each grocery worker for whom records were not retained.

F. Retaliation prohibited. No covered employer shall discharge, reduce in compensation, or take any other adverse action against a grocery worker for opposing any practice proscribed by this section, for participating in proceedings related to this article, for seeking to exercise their rights under this section, or for otherwise asserting rights under this section. The protections of this article shall apply to any grocery worker who mistakenly, but in good faith, alleges noncompliance with this section.

G. Violation. The failure of any person to comply with any requirement imposed on it under this section is a violation.

H. Civil enforcement and remedies.

1. The remedies provided for in this section are cumulative and are not intended to be exclusive of any other available remedies, damages, penalties, fines, or relief.

2. Any grocery worker aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the covered employer or other person violating this section and, upon prevailing, shall be awarded reasonable attorneys' fees and costs and such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any unpaid compensation due under this section plus interest, back pay, reinstatement, front pay in lieu of reinstatement, and rescission.

3. In addition to any other remedies set forth in this section, a person that acts with malice, fraud, or oppression in violating a grocery worker's rights shall be liable for exemplary damages in the amount of two times the monetary damages suffered by the aggrieved grocery worker.

I. Encouragement of more generous policies.

1. Nothing in this section shall be construed to discourage or prohibit a covered employer from the adoption or retention of premium pay policies more generous than the one required herein.

2. Nothing in this section shall be construed as diminishing the obligation of a covered employer to comply with any contract or other agreement providing more generous protections to a grocery worker than those required by this section.

(Ord. No. 23-19, § 2, 8-8-23)