Connecticut General Statutes 32-704 – Hospitality projects receiving state assistance. Labor peace agreements
(a) As used in this section, the following terms have the following meanings:
Terms Used In Connecticut General Statutes 32-704
- Contract: A legal written agreement that becomes binding when signed.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) “Capital project” means any acquisition, construction, rehabilitation or remodeling of any structure used or intended to be used for commercial purposes that is financed in whole or in part with funds or property from or arranged by the state, including, but not limited to, grants, loans, bonds, revenue bonds, tax increment financing, conveyance of real property or other means;
(2) “Concession area” means a space or privilege granted within or upon a premises that is used for the purpose of a subsidiary business or service;
(3) “Contractor” means a business entity or individual who is awarded a hospitality project contract;
(4) “Hospitality project” means any (A) capital project involving a restaurant, bar, club, cafeteria or other food and beverage operation within or upon the premises of a hotel, or (B) concession area used to provide food and beverage or news or gift services within or upon the premises of a state-owned or operated facility that is financed or contracted for by the state;
(5) “Hotel” means a commercial establishment where sleeping accommodations are offered for pay to transient guests;
(6) “Labor peace agreement” means an agreement between a contractor, and any subcontractor thereof, and a labor organization representing hotel or concession area employees in the state that requires the labor organization and its members to refrain from engaging in labor activity that may disrupt the operations of the hotel or concession area, including, but not limited to, strikes, boycotts, work stoppages and picketing;
(7) “State” means the state of Connecticut; and
(8) “Substantial proprietary interest” means (A) a financial investment by the state of not less than six million dollars in any hospitality project, or twenty per cent of the cost of such project, whichever is less, in which the state shall be reimbursed under the terms of a finance agreement, or (B) any contract, lease or license entered into or issued pursuant to a hospitality project in which the state is entitled to receive rents, royalties or other payments in connection with a property provided by the state and based on the revenue of such hospitality project.
(b) For any hospitality project entered into on or after January 1, 2016, in which the state holds a substantial proprietary interest, the state shall require any contract for hotel or concession area operation or management services pursuant to such project to include a labor peace agreement between the contractor and any subcontractor, tenant or licensee thereof providing such operation or services and the labor organization representing or seeking to represent the employees of such hotel or concession area. Such labor peace agreement shall remain in effect until such time as the state’s financial investment has been fully repaid.