§ 57.08. Unlawful Discriminatory Practices in Public Accommodations.

(1)

Prohibition. It shall be an unlawful discriminatory practice to discriminate or separate on the basis of race, color, religion, national origin, marital status, age, sex, sexual orientation, gender identity or handicap, any place of public accommodation in the City.

(2)

Establishments Covered. A place of public accommodation within the meaning of this Section shall include, but not be limited to, the following establishments which serve the public:

a.

Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than two units for rent or hire and which is actually occupied by the owner of such establishment as the owner's residence.

b.

Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station.

c.

Any bar, lounge, nightclub or other facility principally engaged in selling alcoholic beverages for consumption on the premises, or any facility principally engaged in selling both food and alcoholic beverages for consumption on the premises.

d.

Any motion picture house, theater, concert hall, sports arena, stadium, convention hall or other place of exhibition or entertainment.

e.

Any library or educational facility supported in part or whole by public funds, public conveyance (to include taxis, limousines, and buses), barber and beauty shop, hospital, laundry, swimming pool, nursery, kindergarten or day care center.

f.

Any establishment which is physically located within the premises of any establishment otherwise covered by this Section.

g.

Any establishment within the premises of which is physically located any covered establishment, and which holds itself out as serving patrons of the covered establishment.

(3)

Limitations and Exemptions.

a.

The provision of this Section shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of such an establishment within the scope of subsection (2) above.

b.

Nothing in this Section shall prohibit a religious organization, association or society, or any non-profit institution or organization, operating, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting facilities and accommodations which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons.

c.

Nothing in this Section shall prohibit the limiting of the use of kindergartens, nurseries, day care centers, theaters and motion picture houses to persons of a particular age group.

(Ord. of 8-28-1995, Doc. #28748; Ord. of 12-2-2002, § 2, Doc. #021202901; Ord. No. 2014-34, § 4, 8-11-2014, Doc. #1408111202)

Note— See the editor's note following § 57.07.