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.
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.
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.