Living wage law exempts banking
Editor’s note: This story is part of an ongoing series that tracks the second and final readings or ordinances approved by the City Council. Second readings are held without public comment, although the issues have been discussed, often at length, during prior City Council meetings.
CITY HALL Restaurant owners will now be held liable if they knowingly or intentionally allow their customers to smoke in outdoor dining areas in violation of city law.
The City Council on Tuesday adopted an amendment to an existing smoking ban, now holding restaurant owners and managers accountable if they permit their customers to light up in violation of the municipal code.
The amendment is among three ordinance that the council formally adopted after their second readings.
Smoking is illegal anywhere within 20 feet of public entrances, exits, and windows in the seaside city. The ban, which went into effect on Thanksgiving Day in 2006, encompasses outdoor areas of assembly, such as the Third Street Promenade, Farmers’ Markets, outdoor dining areas, bus stops and ATM lines.
The amendment also lowers the infraction fines from $250 to $100, which was a recommendation by the City Attorney’s Office after receiving complaints from offending smokers that the fine could rise to as much as $900 because of court fees and penalties.
While most ordinances are effective 30 days after adoption, the smoking changes will not be enforced for 90 days to allow restaurant owners time to educate their staff about the changes. The extended timeline also gives a city education campaign about the smoking ordinance more time to circulate.
Restaurant owners will also be required to post no-smoking signs.
The council adopted an ordinance that amends the Living Wage Law to create an exemption for banking services and eliminates the annual adjustment to the contract threshold.
The existing law establishes a living minimum wage of $11.50 an hour for employees working under contracts with City Hall that are valued at $50,000 or more, except for government agencies and non-profit corporations.
The ordinance allows the city manager to waive the requirements if it limits City Hall’s ability to attain certain services, which is an issue that has existed with banking institutions.
“City staff recently surveyed three major banking institutions — Bank of America, Union Bank of California and Wells Fargo — and found that none of the three banks would be able to certify compliance with the city’s living wage ordinance,” according to a staff report issued for the April 8 council meeting. “City staff subsequently surveyed other cities with living wage ordinances and found that the living wage ordinance was not applied to banking services for a number of reasons.”
Originally published in the Santa Monica Daily Press print edition on April 24, 2008. Read the original PDF.