Cal. Lab. Code § 1470

Current through the 2023 Legislative Session.

Section 1470 - [For Suspension and Repeal, See Note] Definitions

For purposes of this part:

(a)"Fast food chain" means a set of restaurants consisting of 100 or more establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services.

(b)"Council" means the Fast Food Council.

(c)"Fast food restaurant" means any establishment in the state that is part of a fast food chain and that, in its regular business operations, primarily provides food or beverages in the following manner:

(1)For immediate consumption either on or off the premises.

(2)To customers who order or select items and pay before eating.

(3)With items prepared in advance, including items that may be prepared in bulk and kept hot, or with items prepared or heated quickly.

(4)With limited or no table service. Table service does not include orders placed by a customer on an electronic device.

(d)"Fast food restaurant franchisee" means a person to whom a fast food restaurant franchise is granted.

(e)"Fast food restaurant franchisor" means a person who grants or has granted a fast food restaurant franchise.

(f)"Fast food restaurant operator" means a person who operates a fast food restaurant.

(g)"Franchise," "franchisee," and "franchisor" have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.

(h)"Working conditions" include, but are not limited to, wages, conditions affecting fast food restaurant employees' health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.

(i)An establishment that on September 1, 2022, operates a bakery that produces for sale on the establishment's premises bread as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations shall not be considered a fast food restaurant, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.

(j)When a restaurant is located and operates within a "grocery establishment," as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.

Ca. Lab. Code § 1470

Repealed by Stats 2023 ch 262 (AB 1228),s 2, eff. Section 2 shall become operative and take effect commencing January 1, 2024, only if Referendum No. 1939 (Attorney General No. 22-0005) has been withdrawn by its proponents by January 1, 2024..

Added by Stats 2022 ch 246 (AB 257),s 4, eff. 1/1/2023suspended pursuant to referendum petition. Effective only if Ch. 246 is approved as a referendum measure at the November 5, 2024, election.

Stats 2022 ch 246 (AB 257),s 1 provides that this act shall be known, and may be cited, as the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act.