For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCRIMINATE AGAINST. Treating differently.
DISCRIMINATION BASED ON SEX. Discrimination because of sex includes sexual harassment. SEXUAL HARASSMENT means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
(1) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing;
(2) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment, public accommodations or public services, education, or housing; and
(3) The conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or pubic services, education or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment.
MEAL SERVICE. The provision, either directly or under a contract with another person, of breakfast, lunch, or dinner on three or more days per week during two or more weeks per month during six or more months per year.
MEMBER. Any individual belonging to a club or place of public accommodation regardless of class of membership. Class of membership shall include, but not be limited to, full membership, resident membership, nonresident membership, temporary membership, family membership, honorary membership, associate membership, membership limited to use of dining or athletic facilities, and membership of members’ minor children or spouses.
PAYMENT DIRECTLY FROM A NONMEMBER. Payment made to a club, institution or place of accommodation by a non-member for expenses incurred by a member or non-member for dues, fees, use of space, facilities, services, meals, or beverages.
PAYMENT FOR THE FURTHERANCE OF TRADE OR BUSINESS. Payment made by or on behalf of a trade or business organization, payment made by an individual from an account which the individual uses primarily for trade or business purposes, payment made by an individual who is reimbursed for the payment by the individual’s employer or by a trade or business organization, or other payment made in connection with an individual’s trade or business, including entertaining clients or business associates, holding meetings, or other business-related events.
PAYMENT INDIRECTLY FROM A NON-MEMBER. Payment made to a member or non-member by another non-member as reimbursement for payment made to a club, or any place of accommodation for expenses incurred for dues, fees, use of space, facilities, meals, or beverages.
PAYMENT ON BEHALF OF A NON-MEMBER. Payment by a member or non-member for expenses incurred for dues, fees, use of space, facilities, services, meals, or beverages by or for a non-member.
PERSON. Includes an association, partnership, agency, organization, or corporation, public or private, including all employees thereof as well as any natural person. The term, when applied to partnerships, associations, and corporations, includes members and officers.
PLACE OF PUBLIC ACCOMMODATION, RESORT, OR AMUSEMENT.
(1) Includes a business, educational institution, refreshment, entertainment, recreation, transportation, or health facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public, or which receives financial support through solicitation of the general public or through governmental subsidy of any kind.
(2) A club shall be considered a
PLACE OF PUBLIC ACCOMMODATION if it has more than 200 members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages directly or indirectly from or on behalf of non-members for the furtherance of trade or business.
PRIVILEGES. Includes, but not limited to, membership in a club, institution, or place of accommodation, regardless of the class of membership, or the enjoyment of the accommodations, including the advantages of business contacts and enhanced employment and promotional opportunities, and facilities of a place of public accommodation.
(Prior Code, § 93.21) (Ord. D-1566, passed 10-12-1987, effective 10-22-1987)