§ 27-13. Exemptions.

(a)

The provisions of this article shall not apply to lodge halls or other similar facilities of private organizations which are available for public use occasionally or periodically.

(b)

The provisions of this article shall not prohibit a religious organization or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from limiting the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodations which it owns or operates, other than for a commercial purpose, to individuals of the same religion, or from giving preference to such individuals. However, that corporation, association, educational institution or society shall not discriminate in public accommodation based on other categories protected under this chapter.

(c)

The provisions of this article relating to public accommodations do not prohibit discrimination on the basis of sex in restrooms, shower rooms, bathhouses, and similar facilities which are by their nature simply private or dormitory lodging facilities, provided that such determination of sex shall be consistent with an individual's gender identity and expression.

(d)

The provisions of this article shall not apply to any private club or other establishment which is not, in fact, open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the establishment are made available to the customers or patrons of another establishment which is a place of public accommodation. However, any institution, club, or place of accommodation which has more than four hundred (400) 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 the trade or business, shall not receive an exemption as a private club under this subdivision.

(e)

The provisions of this article shall not be construed as prohibiting the giving of special discounts on goods and services by a place of public accommodation, provided such goods and services, at other than such special discount rates, are not denied to individuals on the basis of age, race, color, religion, national origin, disability, marital status, familial status, sex, sexual orientation, or gender identity and expression, unless such denial is pursuant to the laws of the United States, State of Florida, or local government.

(f)

The provisions of this article when applied to the physical characteristics of a public accommodation shall never be interpreted to give rise to a requirement which is more stringent than those found in the ADA.

(Ord. No. 2015-50, § 2, 8-17-15)