(a) No owner, operator, or manager of a place of public accommodation shall deny to any individual or permit any employee to deny to any individual, except for reasons applicable alike to all individuals 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) No owner, operator, or manager of a place of public accommodation shall 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:
A. 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; or
B. The animal is not housebroken.
(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 make the following two inquiries:
A. Whether the service animal is required because of the disabled individual's disability, provided an inquiry may not be made as to:
1. The disabled individual's disability; or
2. The disabled individual's medical condition or requirements.
B. What work or tasks has the dog been trained to perform, provided an inquiry may not be made as to any special identification or training documentation for the dog, and the dog shall not be required to demonstrate its training or abilities.
(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.
(c) No person shall aid, abet, or participate in the doing of any act declared to be an unlawful discriminatory practice under this section.
(d) 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.
(e) Nothing in this section shall prohibit a religious or denominational institution, organization, society or association or any nonprofit charitable or education 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 persons of the same religion, or from giving preference to such persons, provided that such offerings mentioned above are not, in fact, offered for commercial purposes or supported by public funds.
(f) Whoever violates this section is guilty of unlawful discrimination in public accommodations.
(Ord. 2019-18. Passed 11-19-19.)