Sec. 406.302. - Limitations and exemptions.

The following limitations and exemptions shall apply: (a) The provision of this Chapter shall not apply to a private club or other establishments 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 such an establishment. (b) Nothing in this Chapter shall prohibit a religious organization, as defined in this Chapter, from limiting facilities and accommodations which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons; (c) Nothing in this Chapter shall prohibit the limiting of the use of kindergartens, nurseries, day care centers, theaters and movie theaters to persons of a particular age group. (d) Nothing herein shall prohibit a business or place of public accommodation from providing single-sex restrooms, locker rooms, shower facilities, bath houses, health spas, dormitories, lodging facilities and similar facilities that are by their nature distinctly private. (e) Nothing herein shall prohibit a business or place of accommodation from establishing and enforcing a dress code for its employees, provided that such dress code shall not be based upon sex stereotypes. (f) With regard to discrimination based on sexual orientation or gender identity, this Part 3 shall not apply with regard to any action of, or decision made by, a religious organization as defined in this Chapter. (Ord. 2004-699-E, § 15; Ord. 2020-244-E , § 4)