It shall be an unlawful discriminatory practice:
(a) For any owner, operator, or manager of a place of public accommodation to deny to any person or permit any employee to deny to any person, except for reasons applicable alike to all persons regardless of them being in a protected class, the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation;
(b) For any owner, operator, or manager of a place of public accommodation to publish, circulate, issue, display, post or mail, either directly or indirectly, any printed or written communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities, goods, products, services, and privileges of any such place shall be refused, withheld or denied to any person on account of that person being in a protected class, or that such person is unwelcome, objectionable, or not acceptable, desired or solicited; or
(c) For any owner, operator, or manager of a place of public accommodation to deny to any individual with a disability the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation on the basis of such individual's use of a service animal, provided:
(1) The disabled individual using the service animal may be prohibited from having the service animal present in the place of public accommodation if the animal is out of control, as provided by 28 CFR 35.136(d), and the animal's handler does not take effective action to control it.
(2) If it is not readily apparent what service a service animal provides, the owner, operator, manager, or an employee of a place of public accommodation may inquire whether the service animal is required because of the disabled person's disability, provided an inquiry may not be made as to disabled person's disability or the disabled person's medical condition or requirements.
(3) The owner, operator, manager, or employees of a place of public accommodation are not required to provide care or food for the service animal.
(d) No person shall aid, abet, or participate in the doing of any act declared to be an unlawful discriminatory practice under this section.
(e) Unless otherwise prohibited by law, nothing in this section shall be construed to prohibit any person from offering senior citizen price discounts or other privileges exclusively for the benefit of senior citizens.
(f) Nothing in this section shall be construed to require the modification of existing facilities or the construction of new or additional facilities.
(g) Nothing in this section shall prohibit a religious or denominational institution, organization, society or association or any nonprofit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting its offerings of goods, services, facilities, and accommodations to a person of the same religion, or from giving preference to such persons, provided that such offerings mentioned are not offered for commercial purposes or supported by public funds.
(1) "Commercial purposes" shall be defined as "activities concerned with making money or profits, rather than, for example, providing a public service or other goods or services at cost."
(h) Whoever violates this section is guilty of unlawful discrimination in public accommodations.
(Ord. 45-2020. Passed 6-22-20; Ord. 27-2021. Passed 3-23-21.)