The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator.
The administrator of the Commission on Human Needs, or authorized assistant.
Age.
Refers to a person over the age of 19 years.
Commission.
The city Commission on Human Needs.
Discrimination.
Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other differentiation in the treatment of a person on account of race, color, religion, sex, national origin, age and physical or mental handicap in all places of public accommodation.
Physical or mental handicap.
Any physical or mental impairment which substantially limits one or more major life activities.
Place of public accommodation.
Each of the following establishments which serve the public:
(1) 
Any inn, hotel, 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 actually occupied by the proprietor of such establishment as his residence;
(2) 
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food 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;
(3) 
Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment;
(4) 
Any bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served;
(5) 
Retail establishments selling any kind of goods or services; and
(6) 
Any establishment which:
a. 
Is physically located within the premises of any establishment otherwise covered by this subsection;
b. 
Within the premises of which is physically located any such covered establishment; and
c. 
Holds itself out as serving patrons of such covered establishment.
(1966 Code, sec. 13-32; 2001 Code, sec. 66-126)
(a) 
It is declared to be the policy of the city to bring about, through fair, orderly, and lawful procedure, the opportunity for each person to obtain goods and services in all places of public accommodation without regard to race, color, religion, sex, national origin, age, or physical or mental handicap.
(b) 
It is further declared that this policy is established under the recognition of the inalienable rights of each individual to obtain goods and services in all places of public accommodation without regard to race, color, religion, sex, national origin, age, and physical or mental handicap, and, further, that the denial of such rights through considerations based upon race, color, religion, sex, national origin, age, or physical or mental handicap is detrimental to the health, safety, and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and the proper responsibility of the government to prevent.
(1966 Code, sec. 13-31; 2001 Code, sec. 66-127)
In construing this article, it is the intent of the city council that the courts shall be guided by federal court interpretations of title II of the Civil Rights Act of 1964, as amended.
(1966 Code, sec. 13-33; 2001 Code, sec. 66-128)
The Commission on Human Needs shall have authority from time to time to issue, amend or rescind suitable procedural regulations to carry out this article. Such rules and regulations shall provide for procedural due process and shall be subject to review and approval by the city council.
(1966 Code, sec. 13-37; 2001 Code, sec. 66-129)
This article shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of section 66-126.
(1966 Code, sec. 13-38; 2001 Code, sec. 66-130)
(a) 
All persons shall be entitled to the full and equal employment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the ground of race, color, religion, sex, national origin, age and physical or mental handicap.
(b) 
It is an unlawful discriminatory act for any person, being the owner, proprietor, or lessee of any place of public accommodation, to directly or indirectly exclude, segregate, limit, refuse or deny to any person any of the accommodations, advantages, facilities, benefits, privileges, services or goods of that place on account of race, color, religion, sex, national origin, and physical or mental handicap.
(c) 
It is an unlawful discriminatory act for any person, being the owner, proprietor, or lessee of any place of public accommodation, to circulate, issue, display, post, mail, or otherwise publish a statement, advertisement, or sign that indicates that any of the accommodations, advantages, facilities, benefits, privileges, services, or goods of that place will be denied to any individual on account of race, color, religion, sex, national origin, age or physical or mental handicap or that the patronage of or presence at that place of any individual is objectionable, unwelcome, unacceptable, undesirable, or unsolicited on account of race, color, religion, sex, national origin, age, or physical or mental handicap.
(1966 Code, sec. 13-34; 2001 Code, sec. 66-131)
(a) 
The Commission on Human Needs is provided as an administrative vehicle for the procedural handling of complaints concerning any person engaging in any unlawful public accommodation practice.
(b) 
Whenever a charge is filed with the commission by a person claiming to be aggrieved (referred to as “person aggrieved”) alleging unlawful public accommodation practice, the administrator shall serve a notice of the charge, including the date, place and circumstances, with as much specificity as possible of the alleged unlawful public accommodation practice on such owner, proprietor or lessee (referred to as the “respondent”) within ten days. However, before any charge becomes accepted for investigative purposes, the administrator shall have personally reviewed with the person aggrieved the allegations contained therein and shall have determined that such charge comes within this article. If such review results in the determination that a particular charge does not come within this article, the person aggrieved shall be given a clear and concise explanation of the reasons why it does not. Records shall be maintained indicating the reason for which a charge was not accepted for investigation. A report of charges accepted shall be compiled by the administrator, and the results and recommendations shall be reported to the Commission on Human Needs. A charge under this section must be filed within 180 days following the occurrence of the alleged unlawful public accommodation practice.
(c) 
Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the administrator requires.
(d) 
If the administrator determines after investigation that there is not reasonable cause to believe that the charge is true, the administrator shall dismiss the charge, and promptly notify the person aggrieved of his action.
(e) 
If after investigation it is determined that there is reasonable cause to believe that a charge is true, the administrator shall endeavor to eliminate any such alleged unlawful public accommodation practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of such endeavors may be made public by the administrator, the person aggrieved, or the respondent or be used as evidence in a subsequent proceeding without the written consent of all persons concerned. All determinations shall be reasonable and shall be made as promptly as possible. If a respondent desires at any time to enter into a predetermination settlement, the settlement shall be allowed, provided the person aggrieved and the administrator agree such is acceptable and in accordance with the objectives of this article.
(f) 
If the administrator is unable to secure from the respondent an acceptable conciliation agreement after investigation, the administrator may cause the case to be prosecuted in municipal court or refer the case to other agencies, as appropriate.
(1966 Code, sec. 13-35; 2001 Code, sec. 66-132)
In connection with any investigation of a charge filed under this article, the administrator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to unlawful public accommodation practices and is relevant to the charge under investigation and is not confidential as provided by law.
(1966 Code, sec. 13-36; 2001 Code, sec. 66-133)