It is unlawful for an owner or an operator of
a place of public accommodation or an agent or employee of the owner
or operator, because of the race, creed, color, national origin, marital
status, sex, age (other than as prohibited by law) or physical or
mental handicap of any person, to refuse, withhold from or deny to
such person any of the accommodations, advantages, facilities and
privileges of such place of public accommodation. Nothing in this
section shall be construed or interpreted to prohibit the proprietor
of an establishment or the employees thereof from the right to deny
service to any person for failure to perform the usual and regular
requirements, standards and regulations for the establishment so long
as the denial is not based upon discrimination on the grounds of race,
creed, color, national origin, marital status, sex, age (other than
as prohibited by law) or physical or mental handicap of any person.
For the purpose of this article, the following
terms shall have the meanings indicated:
Any inn, motel or other establishment which
provides lodging to transient guests, other than an establishment
located within a building which contains not more than five rooms
for rent or hire and which is in actuality occupied by the proprietor
of such establishment as his residence.
Any restaurant, cafeteria, lunchroom, lunch
counter, soda fountain or other facility principally engaged in selling
food or alcoholic beverages for consumption on the premises, including
but not limited to any such facility located on the premises of any
retail establishment, or any gasoline station.
Any motion-picture house, theater, concert hall,
sports arena, stadium or other place of exhibition or entertainment.
Any establishment which is physically located
within the premises of any establishment otherwise covered by this
subsection or within the premises of which is physically located any
such covered establishment and which holds itself out as serving patrons
of such covered establishment.
The provisions of this article shall not apply
to a private club, religious organization or other establishment not
in fact open to the public, except to the extent that the facilities
of such establishments are made available to the customers or patrons
of an establishment within the scope of this section.
