§ 94-66. Definitions.

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:

Distinctly private does not include any club, institution or membership organization that has more than 50 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.

Furtherance of trade or business means:

(1)

Payment by or on behalf of a trade or business organization.

(2)

Payment made by an individual from an account which the individual uses primarily for trade or business purposes.

(3)

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.

(4)

Payment made by an individual which is deducted from the individual's federal or state tax returns as a business expense.

Public accommodation shall mean and include any place, legal entity, store or other establishment, either licensed or unlicensed, which supplies goods or services to the general public and shall include, but not be limited to, the following types of services or facilities: hotels, or other establishments which provide lodging to transient guests, restaurants, cafeterias, lunchrooms, lunch counters, soda fountains or other facilities principally engaged in selling or offering for sale food for consumption upon the premises, financial and brokerage institutions, insurance carriers, motion picture houses, theaters, concert halls, sport arenas, stadiums or other places of exhibition or entertainment, swimming pools, bowling alleys and amusement parks, all retail establishments, all transportation carriers and mobile home parks, barber shops, beauty shops, other personal care facilities, and bars or taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption upon the premises, and shall include public burial facilities when such facilities are owned and operated by any cemetery corporation or burial association. The term shall also mean any club, institution or membership organization that has more than 50 members either locally or nationally, and provides regular meal service, or regularly receives payment for dues, fees, use of space, facilities or services, without regard for whether such club, institution or membership organization has a permanent physical location.

Regularly receives payment means accepting as many payments during the course of a year as the number of weeks, any part of which a club, institution or membership organization is available for use by members or nonmembers per year, such payment being for dues, fees, use of space, facilities, services, beverages or meals.

(Code 1977, § 5-9002; Ord. No. 2000-79, § 1, 12-12-00)

Cross reference

Definitions generally, § 1-2.