§ 36-42. Exemptions.

The provisions of this article shall not:

(1)

Apply to lodge halls or other similar facilities of private organizations which are available for public use periodically;

(2)

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 to individuals who substantially subscribe to its beliefs, or from giving preference to such individuals;

(3)

Prohibit a restriction or use in restrooms, shower rooms, bathhouses, and similar facilities consistent with the facility user's actual anatomical gender, except that if the facility user has undergone and completed gender transition surgical procedures, either before or during employment, then said user shall be allowed to utilize restrooms, shower rooms and similar facilities consistent with his or her transsexual status;

(4)

Prohibit the giving of special discounts on goods and services by the place of public accommodation if 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, personal gender identity or sexual orientation, unless such denial is pursuant to the laws of the United States, State of Florida, or local government;

(5)

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 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 be exempt from the provisions of this article.

(Ord. No. 2011-17, § I, 5-19-11)