§ 11A-22. Exceptions to unlawful public accommodations practices.

(1)

The provisions of this article shall not apply to a club or other establishment not in fact open to the public which proves it is in its nature distinctly private except as provided below.

(2)

An institution, club facility or place of accommodation shall not be considered in its nature distinctly private if it 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 trade or business.

(3)

Any place of accommodation which is required as a result of this section to construct or reconstruct locker room, shower, or other facilities shall be allowed until October 1, 1990 to complete such work, and prior to such date shall not be found guilty of sex discrimination. The board, for good cause shown, may grant an extension not to exceed an additional 90 days after the date allowed such place of accommodation to complete such work.

(4)

The foregoing provisions notwithstanding, this article shall not apply, with respect to sex, to places of public accommodation where the Board of County Commissioners grants an exemption based on bona fide considerations of public policy.

(5)

Nothing in this article shall apply with respect to a religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with any such group, from limiting its goods, facilities, services, privileges or advantages to persons of the same religion or from giving preference to any such person, however, that religious organization, association or society shall not restrict membership based on race, color, national origin, ancestry, sex, pregnancy, age, marital status, familial status, disability, or actual or perceived status as a victim of domestic violence, dating violence or stalking. Furthermore, nothing in this article relating to unlawful public accommodation practices based on gender identity, gender expression, or sexual orientation shall pertain to any religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.

(6)

It is not the policy of Miami-Dade County to prohibit bona fide discount programs based on age classification so long as such programs are not designed, intended or used to deny an individual or group either access to the premises, the right to reside on the premises, or the right to patronize the premises.

(7)

The provisions of this article shall not prohibit places of accommodations from offering discounts, special prices, or other special arrangements or programs for minor children, families, persons with disabilities, or persons who are 50 years of age or older, or from imposing minimum age limits or requirements up to age 25. Additionally, nothing in this article shall be construed to create a cause of action or give rise to a complaint against a place of public accommodation that implements a policy that complies with the exception to unlawful public accommodation as set forth in this section 11A-22(7).

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 98-170, § 1, 12-1-98; Ord. No. 06-179, § 15, 12-5-06; Ord. No. 14-118, § 3, 12-2-14; Ord. No. 14-113, § 6, 11-5-14; Ord. No. 17-102, § 2, 12-5-17)