(a) This article shall not be applicable to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which preferential treatment is given to any individual because he/she is a Native American living on or near a reservation.
(b) This article shall not be applicable to any establishment operated by a bona fide private club not conducted for the purpose of evading this article, when the accommodations, advantages, facilities and services are restricted to members of such club and their guests; nor to any bona fide social, fraternal, public educational, civic or religious organization or such private club when the profits of the accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of such organization or club; nor, in the area of housing, (1) to the rental of housing accommodations for not more than two (2) families living independently of each other, if the lessor or a member of his/her family resides in one of the housing accommodations, or (2) to the lease or rental of sleeping facilities in any single-family housing unit if the lessor or a member of his/her family resides therein.
(c) Any person under the influence of alcohol or other drugs, or who is guilty of boisterous conduct, or who violates any regulation of any place of public accommodation that applies to all persons, regardless of race, color, religion, ancestry, sex, age, disability, national origin, sexual orientation, gender identity, familial status or marital status may be excluded without penalty under this article from any such place of public accommodation; and nothing in this article shall be considered to limit the right of such exclusion.
(d) Except as provided in subsection (e) below, this article shall not be applicable to a religious organization.
(e) This article shall apply to employment or an employment opportunity with a religious organization, wherein the duties of the position pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under section 511(a) of the internal revenue code of 1986.
(f) Notwithstanding section 17-12, it shall not be a violation of this article:
(1) For an employer, labor organization, or employment agency to prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
(2) For an employer, labor organization, or employment agency to require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
(3) For an employer, labor organization, or employment agency to require that employees behave in conformance with the requirements established under the drug-free workplace act of 1988 (41 U.S.C. § 701 et seq.) or under the drug testing provisions of state law (A.R.S. § 23-493 et seq);
(4) For an employer, labor organization, or employment agency to hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee;
(5) For a place of public accommodation to afford beneficial pricing or policies to senior citizens, students, or individuals with disabilities.
(6) For a place of public accommodation to operate solely as a male-only or a female- only fitness center/gymnasium, as long as the fitness center/gymnasium does not include any of the facilities other than gymnasium listed in section 17-11(m), and does not discriminate against any other protected group identified in section 17-1.
(Ord. No. 4169, § 2, 4-15-74; Ord. No. 4616, § 5, 2-7-77; Ord. No. 5472, § 1, 12-14-81; Ord. No. 9199, § 3, 2-1-99; Ord. No. 10375, § 3, 2-21-07)