Sacramento Municipal Code Ch. 9.28 Discrimination by Clubs and Organizations

After public hearing and receipt of testimony, the city council finds and declares:

That a significant barrier to the advancement of women and minorities in the business and professional life of the city exists by virtue of the discriminatory practices of certain clubs or organizations which are not distinctly private and where business is frequently conducted.

That while such clubs or organizations may avowedly be formed for social or civic purposes, the extent to which many of the activities therein have had a prejudicial impact on the business, professional and employment opportunities of women and minorities cannot be ignored or minimized.

That business activity most frequently occurs in clubs or organizations having more than two hundred (200) members and provide regular meal services, which facilitates conducting such business.

That the dues and expenses of members at such clubs or organizations are often paid by their employers because the employees' activities at said clubs or organizations serve to develop and enhance the employer's business.

That such clubs or organizations also rent their facilities for use as conference rooms for business meetings attended by nonmembers.

That the city has a compelling interest in eradicating discrimination based on sex, race, color, religion, ancestry, national origin, handicap, sexual orientation, or gender identity in order to assure all of its citizens a fair and equal opportunity to participate in the business and professional life of the city. Conduct and practices which exclude persons from entry or consideration for membership in or the full advantages and privileges of such membership on these bases are discriminatory and unacceptable, are injurious to the body politic and to the business community in the city. Accordingly, the city's interest in eliminating such practices in clubs or organizations covered by this chapter outweighs the interest of their members in private association. (Ord. 2013-0038 § 20; prior code § 76.01.100)

A. For purposes of this chapter, a club or organization (hereafter "club") which is not distinctly private is any organization, institution, club or place of accommodation which satisfies the following requirements:

1. Has membership of whatever kind totaling two hundred (200) or more; and

2. Provides regular meal service by providing either directly or indirectly under a contract with another person, any meals on three or more days per week during two or more weeks per month during six or more months per year; and

3. Regularly accepts payments:

a. From nonmembers for expenses incurred at the club by members or nonmembers in the furtherance of trade or business, or

b. On behalf of nonmembers for expenses incurred at the club by nonmembers in the furtherance of trade or business.

B. "Regularly accepts payment" as used in this chapter means a club accepting as many payments during the course of a year as the number of weeks any part of which the club is available for use by members or nonmembers per year; the payments may be for dues, fees, use of space, facilities, services, meals or beverages.

C. "Furtherance of trade or business" as used in this chapter means payment made by or on behalf of a trade or business organization, payment made by an individual from an account which the individual uses primarily for trade or business purposes, payment made by an individual who is reimbursed for the payment by the individual's employer or by a trade or business organization, or other payment made in connection with an individual's trade or business, including entertaining clients or business associates, holding meetings or other business-related events. (Prior code § 76.01.110)

A. It is unlawful for a club which is not distinctly private to deny to any person entry to facilities at, membership in, or the full enjoyment of said club or organization on the basis of sex, race, color, religion, ancestry, national origin, handicap, sexual orientation or gender identity.

B. The provisions of this chapter shall not apply to an institution organized and operated exclusively for religious purposes as provided in 26 U.S.C. Section 501(c)(3). (Ord. 2013-0038 § 21; prior code § 76.01.120)

A. Civil Action. Any person may enforce the provisions of this chapter by means of a civil action. The city may also enforce the provisions of this chapter by means of a civil action.

B. Injunctions.

1. Any person who commits an act, or proposes to commit an act, or engages in any pattern and practice of discrimination in violation of Section 9.28.030 of this chapter may be enjoined therefrom by any court of competent jurisdiction.

2. 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 interest of the protected class.

C. Penalties. Any person who violates, or aids or incites another person to violate, the provisions of this chapter is liable for each and every such offense for the actual damages, and such amount as may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than two hundred fifty dollars ($250.00), and such attorney's fees and court costs as may be determined by the court in addition thereto. In addition, the court may award punitive damages in a proper case.

D. Nonexclusive Remedies and Penalties. Nothing in this chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Prior code § 76.01.130)

Notwithstanding any provision of this code to the contrary, no criminal penalties shall attach for any violation of the provisions of this chapter. (Prior code § 76.01.140)