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For purposes of this Article 33E, the following definitions apply:
"Change in Control" shall mean any sale, assignment, transfer, contribution, or other disposition (including by consolidation, merger, or reorganization) of all or the majority of the assets of, or a controlling interest in, the Incumbent Hospitality Employer or IHE Parent or any Hospitality Establishment under the operation or control of either such Incumbent Hospitality Employer or IHE Parent.
"City" shall mean the City and County of San Francisco.
"Eligible Hospitality Worker" shall mean any individual who has worked for the Incumbent Hospitality Employer at the Hospitality Establishment subject to a Change in Control for at least 90 days prior to the execution of the Transfer Document. Notwithstanding the previous sentence, "Eligible Hospitality Worker" does not include a managerial, supervisory, or confidential employee.
"Employment Commencement Date" shall mean the date on which an Eligible Hospitality Worker retained by the Successor Hospitality Employer pursuant to this Article 33E commences work for the Successor Hospitality Employer in exchange for compensation and benefits under the terms and conditions established by the Successor Hospitality Employer and as required by law.
"Hospitality Establishment" shall mean a Large Hotel, Large Food Service Operation or Large Restaurant.
"Incumbent Hospitality Employer" shall mean the Person that owns, controls, and/or operates the Hospitality Establishment prior to the Change in Control.
"IHE Parent" shall mean any Person who owns or controls the Incumbent Hospitality Employer.
"Large Food Service Operation" shall mean a food and/or beverage concession within or on the grounds of a stadium, arena, theater, auditorium, convention center, or similar facility located in the City with a seating capacity of 5,000 or more at which 100 or more persons have been employed at food and/or beverage concession(s) during any payroll period during the 180 days of operation prior to the Change in Control. For purposes of the 100-employee threshold in the preceding sentence, the number of employees of separately-owned food and/or beverage concession(s) shall be aggregated if operated in the same venue.
"Large Restaurant" shall mean a "restaurant" as defined in Section 471.3 of the Health Code that has employed 200 or more persons at a single establishment in the City during the 90 days of operation prior to the Change in Control.
"Person" shall mean an individual, proprietorship, corporation, partnership, limited partnership, limited liability partnership or company, trust, business trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
"Successor Hospitality Employer" shall mean the Person that owns, controls, and/or operates the Hospitality Establishment after the Change in Control.
"Transfer Document" shall mean the purchase agreement or other document(s) effecting the Change in Control.