San Jose Municipal Code § 25.11.300 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter. The definitions set forth in Part 3 of Chapter 25.01 of this title shall govern the application and interpretation of the following terms as used in this chapter: "advertising concessions," "airport," "car rental agencies," "certificated air carriers," "commercial activity," "fixed based operators," "food and beverage concessions," "ground transportation management services," "ground transportation provider," "janitorial, custodial and facility maintenance services," "parking lot management," "retail concessions," and "shuttle transportation."

(Ord. 28432.)

"Airport business" shall mean any person, corporation, partnership, limited liability company, joint venture, sole proprietorship, association, trust or any other entity conducting commercial activity at the airport pursuant to an airport contract or a permit issued by the city under Title 25, and their subcontractors conducting commercial activity at the airport. "airport business" shall not include ground transportation providers, construction contractors, the United States federal Aviation Administration (FAA), the United States Transportation Security Administration (TSA), or any other federal, state or local public agency.

(Ord. 28432.)

"Airport contract" shall mean a lease, license, operating agreement, concession agreement or other contract with the city for the conduct of commercial activity at the airport.

(Ord. 28432.)

"City manager" shall mean the city manager or the city manager's designee.

(Ord. 28432.)

"Compensation" shall mean the sum of the hourly wage, an employer's direct hourly contribution for a covered employee's health and medical care insurance, if any, and an employer's direct hourly contribution for a covered employee's retirement benefits, if any. In the event that a covered employee is offered and voluntarily declines a direct hourly contribution for health and medical care insurance and/or retirement benefits, "compensation" shall also include the value of any such direct hourly contribution offered to and declined by the covered employee.

(Ord. 28862.)

"Construction contractor" shall mean a construction contractor licensed by the California Contractors State License Board.

(Ord. 28432.)

"Contractor" shall mean any person, corporation, partnership, limited liability company, joint venture, sole proprietorship, association, trust or any other entity conducting commercial activity at the airport pursuant to an airport contract. "contractor" shall include but not be limited to certificated air carriers, and car rental agencies. "contractor" shall not include ground transportation providers, construction contractors, the United States Federal Aviation Administration (FAA), the United States Transportation Security Administration (TSA), or any other federal, state or local public agency.

(Ord. 28432.)

"Covered employee" shall mean any person employed by an airport business who:

A. Is not a person who provides volunteer services that are uncompensated except for reimbursement of expenses such as meals, parking or transportation;

B. Expends at least half of his or her time working for the airport business on work at the airport;

C. Is at least eighteen years of age; and

D. Is not a student intern or a participant in a job training and education program that has as its express purpose the provision of basic skills and education with the goal of enabling advancement to permanent employment.

(Ord. 28432.)

"CPI" shall mean the Consumer Price Index, All Urban Consumers, published by the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco-Oakland-San José area, with all items included. In the event the CPI is no longer published, the director shall use another index published by either the State of California or a federal department or agency that is charged with the responsibility of measuring the cost of living in the geographical area that includes the City of San José.

(Ord. 28432.)

"Director" shall mean the director of the city's office of equality assurance or such other director designated by the city manager to administer this chapter.

(Ord. 28432.)

"Effective date" shall mean the effective date of this chapter.

(Ord. 28432.)

"Minimum health insurance benefits" shall mean either: (a) an employer-sponsored health insurance plan offered to employees for which the employer pays at least fifty percent of the cost; or (b) payment by an employer of at least fifty percent of the cost of an employee's health insurance plan.

(Ord. 28432.)

"Living wage policy" shall mean Resolution No. 68900, adopted by the city council on June 8, 1999, including any subsequent amendments.

(Ord. 28432.)

"Predecessor employer" shall mean the airport business that provided substantially similar services at the airport immediately prior to the successor employer.

(Ord. 28432.)

"Prevailing wage policy" shall mean Resolution No. 61144, adopted by the city council on February 7, 1989, including any subsequent amendments.

(Ord. 28432.)

"Retention employee" shall mean any person employed by a contractor or subcontractor subject to Part 7 of this chapter who:

A. Performs work on the airport contract;

B. Is not an exempt employee under the Fair Labor Standards Act;

C. Has been employed by the predecessor employer for at least the six month period prior to the date of the new contract with the successor employer;

D. Has not been convicted of a crime that is related to his or her employment at the airport or to his or her job performance at the airport; and

E. Has not been demonstrated to the city to present a significant danger to airport users or employees, co-workers, or city staff.

(Ord. 28432.)

"Subcontractor" shall mean any person, corporation, partnership, limited liability company, joint venture, sole proprietorship, association, trust or any other entity that provides goods or services at the airport under a contract with a contractor. "subcontractor" shall not include construction contractors.

(Ord. 28432.)

"Successor employer" shall mean the new airport business that succeeds the predecessor employer in the provision of substantially similar services at the airport.

(Ord. 28432.)