(a) In this section:
(1) PLACE OF PUBLIC ACCOMMODATION means every business within the city, whether wholesale or retail, or place of entertainment, which is open to the general public and offers for compensation any product, service, or facility, and includes, all hotels, motels, restaurants, bars, lounges, nightclubs, or cabarets where food or beverages are sold or offered for sale; theaters; retail houses; washaterias; bowling alleys; skating rinks; golf courses; and all public conveyances as well as their stations or terminals.
(2) HOTEL and MOTEL means every establishment offering lodging to transient guests for compensation other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as his residence, nor does it include an establishment if the majority of occupants are permanent residents and maintain their fixed place of domicile in the establishment.
(3) BAR and LOUNGE means every bar, lounge, or tavern licensed by the state to serve alcoholic beverages, including wine and beer, for consumption on the premises, other than restaurants and nightclubs.
(4) NIGHTCLUB means a nightclub, cabaret, or coffee house offering facilities for public entertainment, social recreation, or group amusement or relaxation, and also offering for sale beverages, whether alcoholic or non-alcoholic.
(5) THEATER means every place, whether indoors or out-of-doors, at which any theatrical performance, moving picture show, musical concert, circus, carnival, or other performance is offered for compensation to the general public.
(b) A person commits an offense if he:
(1) discriminates against, withholds from, or denies a person any of the advantages, facilities, or services offered to the general public by a place of public accommodation because of race, religion, sex, color, or national origin; or
(2) refuses admission to or expels from a place of public accommodation, a person for noncompliance with a dress, grooming, or identification requirement that was not previously posted in writing in accordance with Subsection (d).
(c) It is a defense to prosecution under Subsection (b)(2) that the refusal of admission or expulsion was required by law.
(d) If a place of public accommodation posts dress, grooming, or identification requirements, the requirements must be posted:
(1) in writing in a conspicuous, clearly visible location outside each public entrance to the place of public accommodation; and
(2) at least seven days before becoming effective if a change is made in the requirements after the initial requirements are posted.
(e) This section does not apply to a hotel, restaurant, bar, lounge, nightclub, cabaret, theater, bowling alley, skating rink, or golf course when the accommodations, advantages, facilities, and services are restricted to members of a club and their guests; nor to any bona fide social, fraternal, educational, civic, political, or religious organization, when the profits of the accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of the organization. (Ord. Nos. 14971; 16443; 18960)