ORD 21-913 - Amending Definition of Small Grocery BusinessORDINANCE NO.21-913
AN ORDINANCE of the City of Federal Way, Washington, amending
the definition of "Small Grocery Business" as related to hazard pay for
grocery workers in response to the emergency situation created by
COVID-19. (Amending Ordinance No. 21-912) .
WHEREAS, in response to COVID-19, on February, 29, 2020, Governor Inslee declared
a state of emergency; on March 9, 2020, the Federal Way Mayor declared a State of Emergency;
and on March 11, 2020, the World Health Organization declared that COVID-19 was a global
pandemic; on March 13, 2020 the President of the United States declared a national emergency
due to the COVID-19 pandemic; and
WHEREAS, in response to COVID-19, the federal and state governments have imposed
eviction moratoria, provided financial support, and imposed public health orders to protect people
and businesses; and
WHEREAS, one of the principle methods of reducing spread of COVID-19 has been to
limit public gatherings and where possible require workers to perform their duties at home; and
WHEREAS, during this pandemic, many workers who provide services deemed essential
to the continued functioning of society cannot do their jobs remotely from home and have
continued to work jobs that require contact with the public outside of their homes resulting in
increased personal risk of exposure to COVID-19 for themselves and their families; and
WHEREAS, on May 4, 2021, the City Council found that it serves to protect the public
health of the people of the City of Federal Way to pass Ordinance 21-912, requiring employers of
grocery store workers to provide an increased wage to their frontline workers during this pandemic,
helping workers to afford to take sick leave, to encourage grocery workers to continue working to
provide the public with food, to incentivize grocery workers to protect their health and the public's
Ordinance No. 21-913 Page I of 3
health, and to protect the public and other workers from illness; and
WHEREAS, Ord No. 21-912 defined "small grocery business" as a grocery business with
more than 2,000 square feet and less than 10,000 square feet in size; and
WHEREAS, the City Council believes it appropriate to change the definition of "small
grocery business" to increase the maximum size of such a business to a range of between 3,500
and 25,000 square feet.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. "Section 3. Definitions" of Ord. No. 21-912 is amended as follows:
"Small Grocery Business" means a business that operates a retail store in Federal Way that is
larger than 2,-509 3,500 square feet and less than 10,000 25,000 square feet in size and that is
primarily engaged in retailing groceries for offsite consumption. Other household supplies or other
products shall be secondary to the primary purpose of groceries sales. "Small Grocery Business"
does not include seasonal farmer's markets.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. 21-913 Page 2 of 3
Section 3. Corrections. The City Clerk is authorized to make necessary corrections to this
ordinance including, but not limited to, the correction of scrivener/clerical errors, references,
ordinance numbering, section/subsection numbers and any references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance is necessary to respond to an ongoing emergency
and shall take effect immediately.
PASSED by the City Council of the City of Federal Way this day of June 1, 2021.
CITY OF FEDERAL WAY:
j1f RRELL, MAYOR
ATTEST:
tiElFHANIE. COURTNEY, C, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 05/26/2021
PASSED BY THE CITY COUNCIL: 06/01/2021
PUBLISHED: 06/04/2021
EFFECTIVE DATE: 06/01/2021
ORDINANCE NO.: 21-913
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