Definitions
San Diego Municipal Code § 312.0104
in effect§312.0104 Definitions
For purposes of this Division, defined terms appear in italics. To the extent that a federal, state, or other law is referenced within this Division, the citation includes and incorporates the law as it may be amended or renumbered in the future. The following definitions apply in this Division:
Amusement park means a facility operated for profit that is:
(a) located within the territorial boundaries of the City and comprised of at least 75 contiguous acres;
(b) open to the public for the purpose of entertainment or amusement and contains permanent amusement rides; and
(c) operated pursuant to a lease, operating agreement, or other contractual agreement with the City.
Amusement park includes all restaurants, bars, event spaces, retail shops, parking facilities, and all other facilities located on the grounds of an amusement park. Amusement park does not include temporary or seasonal fairs, carnivals, festivals, or similar short-term events that are operated for fewer than 30 days in a calendar year.
City means the City of San Diego.
Employee means any natural person who:
(a) performs at least two hours of work within the territorial boundaries of the City for a hospitality employer in one or more calendar weeks of the year;
(b) performs work that is directly related to the hospitality employer’s hotel, event center, or amusement park;
(c) qualifies as an employee entitled to payment of a minimum wage from any employer under the California Labor Code and wage orders published by the California Industrial Welfare Commission or the California Division of Labor Standards Enforcement; and
(d) is not employed as an independent contractor as defined under the California Labor Code. For purposes of this Division, there is a rebuttable presumption that a worker is an employee and not an independent contractor. A hospitality employer may rebut this presumption by demonstrating a worker satisfies all conditions described in California Labor Code section 2775 to be an independent contractor.
Enforcement Office means the City’s Office of Labor Standards and Enforcement, or other City office or department under the authority of the City Manager designated to enforce this Division, or the Office of the City Attorney.
Enforcement Official has the same meaning as in San Diego Municipal Code section 11.0210.
Event center means the following facilities:
(a) Petco Park;
(b) Pechanga Arena San Diego;
(c) San Diego Convention Center; and
(d) Civic Theatre.
Event center includes all restaurants, bars, retail shops, parking facilities, and other facilities located on the grounds of an event center. Event center also includes any new or different structure constructed or operated on the grounds of an event center and used for the same purpose as an event center, regardless of the name of the event center.
Hospitality employer means any person who owns, operates, or manages:
(a) a hotel, event center, or amusement park;
(b) any contracted, leased, or sublet premises or facility on the grounds of a hotel, event center, or amusement park and which is directly related to the operations of the hotel, event center, or amusement park for at least 30 days in a calendar year; or
(c) any contracted housekeeping, janitorial, security, parking, valet parking, food preparation, ushering, ticket-taking, concession, retail store, massage or spa, restaurant, bar, or landscaping services that are provided on the grounds of a hotel, event center, or amusement park.
Hospitality employer does not include any governmental entity.
Hotel means a privately-owned facility:
(a) designated or used for lodging or other related services for the public located within the territorial boundaries of the City; and
(b) containing at least 150 guest rooms or suites that persons may rent for periods of 30 days or fewer.
Hotel does not include a facility, or portion thereof, used for short-term residential occupancy and regulated under Chapter 5, Article 10, Division 1 of the San Diego Municipal Code. Hotel includes all restaurants, bars, banquet halls, event spaces, retail shops, parking facilities, spas, and other facilities located on the grounds of a hotel.
Minimum wage means an hourly minimum wage rate, as defined in San Diego Municipal Code section 312.0105, to be paid to employees.
Person has the same meaning as in San Diego Municipal Code section 11.0210.
Retaliation means any threat, intimidation, harassment, discipline, discharge, demotion, suspension, reduction in employee hours, or any other adverse employment action against any employee for exercising or attempting to exercise any right under this Division.
(“Definitions” added 10-8-25 by O-22003 N.S.; effective 7-1-2026.)
(Amended 7-20-2026 by O-22127 N.S.; effective 8-19-2026.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art12Division01.pdf#page=1Fetched: 10/28/2026