[Derived from Art. XXIII of Ch. VII of the Charter and Ordinances, 1974]
A. 
The Common Council hereby finds that, in the City of Buffalo, certain membership clubs are central to business, professional and civic achievement and advancement. These membership clubs are, in this City, extensions of the marketplace wherein valuable contacts, associations and business deals are forged. Therefore, it is apparent that discrimination as to membership or facilities based upon race, sex, national origin, color or creed practiced by these clubs has the effect on denying equal opportunity to those excluded from membership or participation. Denial of business opportunities through membership club discrimination constitutes a barrier to the advancement of minorities and women in the business, professional and civic life of this City.
B. 
The City of Buffalo has a compelling interest in providing equal access for all its citizens to the unique advantages in business and in the professions afforded by membership or participation in these membership clubs which are not distinctly private but are places where business and commercial activity is prevalent.
C. 
For these reasons, the Council has determined to apply the Human Rights Law to certain membership clubs, as hereinafter described, to assure that the opportunity to succeed in business and professional life is not denied the citizens of Buffalo due to their status or ancestry.
It shall be unlawful for any person, firm, corporation or association which owns, leases, manages, superintends, acts as agent for or is employed by an institution, club or place of accommodation, not in its nature distinctly private, to engage in discriminatory practices concerning membership, privileges or use of facilities connected with said institution, club or place of accommodation.
It shall be unlawful discriminatory practice to, because of the race, creed, color, national origin or sex of any person, perform any of the following acts:
A. 
Refuse, withhold from or deny to such person membership in an institution, club or place of accommodation not in its nature distinctly private.
B. 
Refuse, withhold from or deny to such person any of the accommodations, facilities, advantages or privileges of a club, an institution or place of accommodation not in its nature distinctly private.
C. 
Publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities or privileges of any institution, club or place of accommodation not in its nature distinctly private shall be refused, withheld from or denied to such person.
D. 
Publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any such person is unwelcome, objectionable, not acceptable, not desired or not solicited in connection with any institution, club or place of accommodation not in its nature distinctly private.
A. 
An institution, club or place of accommodation shall not be considered in its nature distinctly private if it has more than 100 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 nonmembers for the furtherance of trade or business.
B. 
For the purposes of this article, a corporation incorporated under the Benevolent Orders Law or described in the Benevolent Orders Law but formed under any other law of this state or a religious corporation incorporated under the Education Law or the Religious Corporations Law shall be deemed to be in its nature distinctly private.
A. 
The Commission on Human Relations of the Division of Urban Affairs in the Department of Human Resources shall be authorized to preliminarily receive and investigate, in confidence, any and all complaints of violations of this article. Such complaints shall be made under oath, and the Commission shall have the power to hold private or public hearings on such complaints and take the testimony of persons under oath with the aid of their counsel.
B. 
After such investigation is completed, the Commission shall recommend to the Director of Urban Affairs whether the complaint should be dismissed or prosecuted further by reference to an appropriate governmental agency.
C. 
The reports of the hearing or hearings conducted by the Commission, inclusive of a summary or transcript of the testimony, together with the recommendation of the Commission or its counciliation panel, shall be submitted to the Director of Urban Affairs, who shall issue his determination of dismissal or further prosecution of the complaint within 60 days of receipt of the Commission's report and recommendation.