§2-01
Definitions.
The
definitions in this section shall be used by the New York City Commission
on Human Rights in determining whether an institution, club, or
place of accommodation is “distinctly private” as that
term is used in the New York City Human Rights Law, Administrative
Code §8-101 et seq.
Members.
“Members” shall mean individuals belonging to any class
of membership offered by the institution, club, or place of accommodation
including, but not limited to, full membership, resident membership,
nonresident membership, temporary membership, family membership,
honorary membership, associate membership, membership limited to
use of dining or athletic facilities, and membership of members’
minor children or spouses.
Payment
directly from a nonmember. “Payment directly from a nonmember”
shall mean payment made to an institution, club or place of accommodation
by a nonmember for expenses incurred by a member or nonmember for
dues, fees, use of space, facilities, services, meals or beverages.
Payment
for the furtherance of trade or business. “Payment for the
furtherance of trade or business” shall mean payment made
by or on behalf of a trade or business organization, payment made
by an individual from an account which the individual uses primarily
for trade or business purposes, payment made by an individual who
is reimbursed for the payment by the individual’s employer
or by a trade or business organization, or other payment made in
connection with an individual’s trade or business, including
entertaining clients or business associates, holding meetings or
other business-related events.
Payment indirectly from a nonmember. “Payment indirectly from
a nonmember” shall mean payment made to a member or nonmember
by another nonmember as reimbursement for payment made to an institution,
club or place of accommodation for expenses incurred for dues, fees,
use of space, facilities, meals or beverages.
Payment
on behalf of a nonmember. “Payment on behalf of a nonmember”
shall mean payment by a member or nonmember for expenses incurred
for dues, fees, use of space, facilities, services, meals or beverages
by or for a nonmember.
Regular
meal service. “Regular meal service” shall mean the
provision, either directly or under a contract with another person,
of breakfast, lunch, or dinner on three or more days per week during
two or more weeks per month during six or more months per year.
Regularly receives payment. An institution, club or place of accommodation
“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” if it receives as many such payments during the
course of a year as the number of weeks any part of which the institution,
club or place of accommodation is available for use by members or
non-members per year.
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§2-03
Exemption of Certain Places of Public Accommodations in Relation
to Sex Discrimination.
(a)
Dressing rooms, toilets and shower rooms containing multiple facilities,
and appurtenant rooms and facilities, and turkish baths and saunas,
shall be exempt from the provisions of §8-107, paragraph 2
of the Administrative Code insofar as the use of such accommodations
is restricted to one sex. This exemption shall not apply to swimming
pools and other facilities for swimming.
(b)
Rooming houses or residence hotels in which rental is restricted
to one sex shall be exempt from the provisions of §8-107, paragraph
2 of the Administrative Code if such accommodation is regularly
occupied on a permanent, as opposed to transient, basis by the majority
of its guests.
(c)
Lodging facilities in which the sleeping rooms and/or bathrooms
are used in common, such as missions or dormitories designed for
occupancy by members of the same sex, shall be exempt from the provisions
of §8-107, paragraph 2 of the Administrative Code insofar as
members of one sex are excluded from such accommodations.
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