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After public hearing and receipt of testimony, the Board of Supervisors finds and declares that:
(1) Discriminatory practices of certain clubs or organizations where business is frequently conducted and personal contacts valuable for business purposes, employment and professional advancement are formed are a significant barrier to the advancement of women and minorities in the business and professional life of the City and County of San Francisco.
(2) While such clubs or organizations avowedly may have been formed for social or civic purposes, the commercial nature of many of their activities and the extent to which these activities have had a prejudicial impact on the business, professional and employment opportunities of women and minorities are of significant magnitude.
(3) Business activity most frequently occurs in clubs or organizations which have more than four hundred members and which provide regular meal services facilitating the conduct of such business.
(4) Employers often pay their employees' membership dues and expenses at such clubs or organizations because the employees' activities at said clubs or organizations serve to develop and enhance the employer's business. Such clubs or organizations also rent their facilities for use as conference rooms for business meetings attended by nonmembers.
(5) Clubs or organizations where the above practices occur provide benefits to business entities and persons other than members and thus are not in fact "distinctly private" in their nature.
(6) The City has a compelling interest in eradicating discrimination based on race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height 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 to, consideration for membership in, or the full advantages and privileges of such membership on these bases are discriminatory and unacceptable, and are injurious to the body politic, the business community and the City. Accordingly, the City's interest in eliminating such conduct and practices in clubs or organizations covered by this Article outweighs the interest of their members in private association.
(7) While the Board of Supervisors recognizes the interest in private association asserted by club members, it finds that this interest does not overcome the public interest in equal opportunity. It is not the Board's purpose to dictate the manner in which certain private clubs conduct their activities or select their members, except insofar as is necessary to ensure that clubs do not automatically exclude persons from consideration for membership or unreasonably prevent enjoyment of club accommodations and facilities on account of invidious discrimination. Furthermore, it is not the Board's purpose to interfere in club activities or subject club operations to scrutiny beyond what is necessary in good faith to enforce this Article.
(Added by Ord. 451-87, App. 11/17/87; amended by Ord. 222-02, File No. 021462, App. 11/15/2002)
(A) For purposes of this Article, a club or organization (hereinafter "club") which is not "distinctly private" is any organization, institution, club or place of accommodation which:
(1) Has membership of whatever kind totaling 400 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 dues or 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 Article shall mean 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 Article shall mean: (1) payment made by or on behalf of a trade or business organization; (2) payment made by an individual from an account which the individual uses primarily for trade or business purposes; (3) 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; or (4) payment made by an individual which is deducted from the individual's federal or state tax returns as a business expense.
(Added by Ord. 451-87, App. 11/17/87)
(A) It shall be unlawful for a club which is not distinctly private to deny to any person entry to or use of facilities at, membership in, or unreasonably prevent the full enjoyment of said club wholly or partially on the basis of the person's actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height.
(B) The provisions of this Article shall not apply to an institution organized and operated exclusively for religious purposes as defined in 26 U.S.C. Section 501(c)(3).
(Added by Ord. 451-87, App. 11/17/87; amended by Ord. 222-02, File No. 021462, App. 11/15/2002)
(A) No City official or employee shall sponsor, organize, attend or participate in any meeting or other activity, the purpose of which is related to City business, in any establishment or facility which does not afford full membership rights and privileges to any person wholly or partially because of the person's actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height, except for City officials or employees acting in the course of ongoing law enforcement, code enforcement or other required investigations and inspections.
(B) No City funds shall be expended in connection with any meeting or other activities held at any establishment or facility which does not afford full membership rights and privileges to any person wholly or partially because of the person's actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height, except for City funds expended during the course of ongoing law enforcement, code enforcement or other required investigations and inspections.
(C) No City official or employee shall be reimbursed for any dues or any other expense incurred at an establishment or facility which does not afford full membership rights and privileges to any person wholly or partially because of the person's actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height, except for expenditures incurred by a City official or employee acting in the course of ongoing law enforcement, code enforcement or other required investigations and inspections. Any request by a City official or employee for payment or reimbursement from City monies shall include a signed statement that the request for payment or reimbursement is not for any expenses incurred at such a private establishment or any other activity, or was incurred in the course of an ongoing law enforcement, code enforcement or other required investigation or inspection.
(Added by Ord. 451-87, App. 11/17/87; amended by Ord. 222-02, File No. 021462, App. 11/15/2002)
(A) Civil Action. Any person denied membership in violation of this ordinance may enforce the provisions of this Article by means of a civil action. Any person who violates any of the provisions of this Article shall be liable to the person so denied membership for the actual damages, and such amount as may be determined by a jury, or a court sitting without a jury, but in no case less than $250, and such attorney's fees and court costs as may be determined by the affected party so denied membership. The City may also enforce the provisions of this Article by means of a civil action.
(B) Injunction.
(1) Any person who commits an act or engages in any pattern and practice of discrimination in violation of this Article may be enjoined therefrom by any court of competent jurisdiction.
(2) Action for injunction under this subsection may be brought by any person so denied membership, by the City Attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.
(C) Nonexclusive Remedies and Penalties. Nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Added by Ord. 451-87, App. 11/17/87)
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