Rules

Title 47 Chapter 3 - Age Discrimination Exemptions For Public Accommodations

§3-01 Definitions.

Advantages. "Advantages" shall include but not be limited to priority services, discounts in pricing or any thing of monetary value extended on the basis of a person's age.

Restrictions. "Restrictions" shall be construed to mean any limitation in access or services on the basis of a person's age.

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§3-02 Age-Based Extension of Advantages in Public Accommodations.

Any and all reasonable advantages extended in access to services provided by a place or provider of public accommodation on the basis of a person's age shall be exempt from the provisions of §8-107(4)(a) of the Administrative Code of the City of New York.

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§3-03 Age-Based Restrictions in Public Accommodations.

  1. Any and all restrictions in access to public accommodations on the basis of a person's age which are mandated by federal, state or local law shall be exempt from the provisions of §8-107(4)(a) of the Administrative Code of the City of New York.

  2. Any and all restrictions on the basis of a person's age in access to public accommodations displaying motion pictures with ratings by the Motion Picture Association of America, Inc. shall be exempt from the provisions of §8-107(4)(a) of the Administrative Code of the City of New York.

  3. Any and all reasonable restrictions in access to public accommodations imposed upon minors to prevent physical harm to such persons shall be exempt from the provisions of §8-107(4)(a) of the Administrative Code of the City of New York.

  4. Any restrictions in access to or services provided by a place or provider of public accommodation based on age which allows the owner, lessee, proprietor, manager, superintendent, agent or employee of a place or provider of public accommodation to refuse to enter into a contract which under the laws of the State of New York may be disaffirmed on the ground of infancy shall be exempt from the provisions of §8-107(4)(a) of the Administrative Code.

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§3-04 Applications for Exemption from §8-107(4)(a) Administrative Code.

The owner, lessee, proprietor, manager, superintendent or agent of a place or provider of public accommodation may make an application for exemption of an age-based restriction on access to or services provided by such public accommodation which would otherwise be prohibited pursuant to 8-107(4)(a) of the Administrative Code and §3-03 of these rules. Such application shall be made in writing to the Office of the Chairperson of the New York City Commission on Human Rights. The application shall set forth the specific basis for the exemption sought together with any supporting evidence. The Chair may grant such exemption if he or she determines that the exemption promotes the health, safety or well-being of the public, or prevents physical harm to the property or premises of a place of public accommodation, or undue disruption of the quiet enjoyment of a place of public accommodation and is not inconsistent with the goals and policies of the City Human Rights Law. The decision of the Chair shall be final.

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