(a) In this subheading, "sexual orientation" means the identification
of an individual as to male or female homosexuality, heterosexuality,
or bisexuality.
(b) It is unlawful for an owner or operator of a place of public
accommodation or an agent or employee of the owner or operator, because
of the race, creed, sex, age, color, national origin, marital status,
sexual orientation, or disability of any person, to refuse, withhold
from, or deny to such person any of the accommodations, advantages,
facilities and privileges of such place of public accommodation.
(c) Nothing in this section shall be construed or interpreted to prohibit
the proprietor of any establishment, or the employees of the
establishment, from the right to deny service to any person for failure
to conform to the usual and regular requirements, standards and
regulations for the establishment so long as the denial is not based
upon discrimination on the grounds of race, sex, age, color, creed,
national origin, marital status, sexual orientation, or disability.
(d) For the purpose of this subtitle, a place of public accommodation
means:
(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 the
proprietor's residence;
(2) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or
other facility principally engaged in selling food or alcoholic
beverages for consumption on or off 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; and
(4) Any establishment:
(i) 1. That is physically located within the premises of any establishment
otherwise covered by this section; or
2. Within the premises of which is physically located any establishment
otherwise covered by this section; and
(ii) That holds itself out as serving patrons of such covered establishment.
(e) (1) For the purposes of this section, a "place of public accommodation"
also means any establishment that:
(i) Is operated by a public or private entity;
(ii) Is not included in subsection (d) of this section; and
(iii) Is a retail establishment, whether offering goods, services,
entertainment, recreation, or transportation.
(2) This section does not require structural changes, modifications, or
additions to buildings or vehicles, except as required by this
paragraph or as otherwise required by law. In addition, any building
constructed, modified or altered in compliance with, or pursuant to a
waiver from, the Maryland Accessibility Code under § 12-202 of the
Public Safety Article shall not be subject to this section.
(i) When structural changes, modifications, or the provision of special
equipment is necessary to accommodate an individual with a disability,
the accommodation shall be "reasonable".
(ii) 1. "Reasonable accommodation" for the purposes of this paragraph means
to make a public accommodation suitable for access, use, and patronage
by a person without danger to the person's health or safety and
without undue hardship or expense to a business or other activity
making such an accommodation.
2. With respect to a private motor coach transportation carrier, for the
purposes of this subsection, "reasonable accommodation" means that
any requirement to satisfy the provisions of this article will not
exceed a maximum expense of $2,500 per operating vehicle. However,
beginning January 1, 1990, at least 10 percent of the total operating
fleet of any private motor coach transportation carrier doing business
in the State shall comply with the provisions of this article.
3. The Human Relations Commission shall make a determination in the first
instance whether an accommodation is "reasonable". In making this
determination for buildings, the Human Relations Commission may consult
with the Department of Housing and Community Development and such
others as may be useful as to the cost and feasibility of any
structural changes, modifications, additions or the provision of
special equipment.
(f) The provisions of this section 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 establishments are made available to
the customers or patrons of an establishment within the scope of this
section.
(g) With respect to sex discrimination, this section may not be construed
to apply to those facilities which are uniquely private and personal in
nature, designed to accommodate only a particular sex.
(h) (1) If the Commission finds that a respondent has engaged in an unlawful
practice under this section, in addition to other relief authorized,
the Commission may seek an order assessing a civil penalty against the
respondent:
(i) If the respondent has not been adjudged to have committed any prior
discriminatory practice, in an amount not exceeding $500;
(ii) If the respondent has been adjudged to have committed 1 other
discriminatory practice during the 5-year period ending on the date of
the filing of this charge, in an amount not exceeding $1,000; and
(iii) If the respondent has been adjudged to have committed 2 or more
discriminatory practices during the 7-year period ending on the date
of the filing of this charge, in an amount not exceeding $2,500.
(2) If the acts constituting the discriminatory practice are committed by
the same natural person who has been previously adjudged to have
committed discriminatory practices, then the civil penalties set forth
in subsection (h)(1)(ii) and (iii) may be imposed without regard to the
period of time within which any subsequent discriminatory practice
occurred.
(3) All civil penalties shall be paid to the General Fund of the State of
Maryland.
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