It shall be unlawful and a violation of this chapter to:
   (A)   Deny or refuse to another, based upon unlawful discrimination, the full and equal enjoyment of the facilities and services of any place of public accommodation; or
   (B)   Directly or indirectly, as operator of a place of public accommodation, publish, circulate, display or mail any written communication, except a private communication sent in response to a specific inquiry, which the operator knows is to the effect that any facilities of the place of public accommodation will be denied to any person or that any person is unwelcome, objectionable, or unacceptable because of unlawful discrimination.
   (C)   Exemptions.  Nothing in this section shall apply to:
      (1)   A private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation;
      (2)   Any facility, as to discrimination based on sex, which is distinctly private in nature such as restrooms, shower rooms, bath houses, health clubs and other similar facilities for which the Department, in its rules and regulations, may grant exemptions based on bona fide considerations of public policy; or
      (3)   Any facility, as to discrimination based on sex, which restricts the rental of rooms to individuals of one sex.
(Ord. 7793, passed 11-7-95)