Definitions
San Diego Municipal Code § 52.9602
in effect§52.9602 Definitions
Each word or phrase that is defined in this Division appears in the text of the Discrimination Based On Sexual Orientation Code in italicized letters.
Business Establishments. As used in this Division, the term "business establishment" shall mean any entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: (a) consist only of payment of fees; or (b) consist of requirements under which a substantial portion of the residents of this City could qualify.
Educational Institutions. As used in this Division, the term "educational institution" shall mean any entity, however organized, which engages in the developing of knowledge and makes available the processes of training and instruction.
Employer. As used in this Division, "employer" includes any private person regularly employing five or more persons. "Employer" shall not include any federal, state or local agencies.
Frivolous. As used in this Division, the term "frivolous" shall mean (a) totally and completely without merit; or (b) for the sole purpose of harassing an opposing party.
Gender identity. As used in this Division, “gender identity” shall mean having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person’s actual or perceived sex.
Individual. As used in this Division, the term "individual" shall mean the same as the term "person." Wherever this Division refers to the sexual orientation or gender identity of any individual, and the individual is a group, the phrase shall mean the sexual orientation or gender identity of any member of the group.
Person. As used in this Division, the term "person" shall mean any natural person, firm, corporation, partnership or other organization, association or group of persons however organized.
Reasonable. As used in this Division, "reasonable" shall mean that which a person of ordinary care and prudence would believe to be true.
Religious Organizations. As used in this Division, the term "religious organization" shall mean an organization recognized as such under 26 U.S.C. section 501(c)(3).
Sexual Orientation. As used in this Division, the term "sexual orientation" shall mean an individual’s supposed or actual sexual preference for any lawful sexual activity.
(Amended 7–28–2003 by O–19203 N.S.)
(Editors note added to title 4–16–1990.)
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/MuniCodeChapter05/Ch05Art02Division96.pdf#page=1Fetched: 10/28/2026