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The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
AGE. In the context of unlawful discrimination on the basis of age, the prohibitions in this division shall be limited to individuals who are at least 40 years of age.
AGENCY. The diversity and inclusion department’s staff supervised by its director.
BAR AND LOUNGE. Every bar, lounge or tavern licensed by the state to serve alcoholic beverages of any content, including wines and beer, for consumption on the premises, other than restaurants and nightclubs as defined in this section.
DIRECTOR. The individual designated by the city manager as the director of the diversity and inclusion department, or the director’s designee.
DISABILITY. Has the same definition as it has in § 17-66 of this chapter.
DISCRIMINATION. Disparate treatment or treatment resulting in disparate effect, which shall include, but not be limited to, withholding or denying of entry, services or facilities, or any other advantage offered to the general public by a place of public accommodation.
GENDER EXPRESSION. A person’s external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions that are socially identified with a particular gender.
GENDER IDENTITY. A person’s innate, deeply felt sense of gender, which may or may not correspond to the person’s body or sex listed on their original birth certificate.
HOTEL AND MOTEL. Every establishment offering lodging to transient guests for compensation, but such terms shall not apply to any such establishment if the majority of occupants are permanent residents and have their fixed place of domicile therein.
NIGHTCLUB. Nightclubs, cabarets or coffeehouses offering facilities for public entertainment, social recreation or group amusement or relaxation, and also offering for sale any beverage, whether alcoholic or nonalcoholic.
PLACE OF PUBLIC ACCOMMODATION. Every business within the city, whether wholesale or retail, which is open to the general public and offers for compensation any product, service or facility. The term PLACE OF PUBLIC ACCOMMODATION shall include all hotels, motels, restaurants, bars, lounges, nightclubs or cabarets where food or beverages are sold or offered for sale, theaters, retail houses, washeterias, bowling alleys, skating rinks, golf courses, all public conveyances, as well as the stations or terminals thereof, kindergartens, day care centers and nursery schools.
RESTAURANT. Every café, cafeteria, coffeeshop, sandwich shop, parlor or luncheonette which offers food or beverages for purchase and consumption on the premises, but shall not include places at which alcoholic beverages are sold other than as an accompaniment to meals.
SEXUAL ORIENTATION. Heterosexuality, homosexuality or bisexuality or being identified with such orientation.
THEATER. Every place, whether indoors or out-of-doors, at which any theatrical performance, moving picture show, musical concert, circus or carnival is offered for consumption.
TRANSGENDER. A person who experiences and/or expresses their gender differently from conventional or cultural expectations including, but not limited to those who express a gender that does not match the sex listed on their original birth certificate or who physically alter their sex.
(1964 Code, §§ 13A-11, 13A-13) (Ord. 6205, §§ 2, 3, passed 11-24-1968; Ord. 6505, §§ 1, 2, passed 6-28-1971; Ord. 7906, §§ 1, 3, passed 5-1-1979; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
Cross-reference:
Definitions and rules of construction generally, see § 1-2
This division shall not apply to any hotel, motel, restaurant, bar, lounge, nightclub, cabaret or theater operated by a bona fide private club when the accommodations, advantages, facilities and services are restricted to the members of such club and their guests; nor to any bona fide social, fraternal, educational, civic, political or religious organization, or to any private kindergarten, day care center or nursery school, when the profits of such accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of such organization.
(1964 Code, § 13A-11) (Ord. 6205, § 3, passed 11-24-1968; Ord. 6505, § 2, passed 6-28-1971; Ord. 7906, § 1, passed 5-1-1979; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 19374-09-2010, § 1 (Exh. A) passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
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