Fulton Definitions ordinance (§ 66-1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Age means an age of 40 or more years but less than 70 years, except that it shall not be an unlawful employment practice for an employer to require the compulsory retirement of any person who has attained the age of 65 and who, for the two-year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if such person is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan or any combination of such plans of the employer, which equals, in the aggregate, at least $44,000.00.

Commission means the city commission on human rights and community relations.

Covered multifamily dwelling, as used in subsection (3) of the definition of discrimination in this section, means:

(1) Buildings consisting of four or more units if such buildings have one or more elevators; and

(2) Ground floor units in other buildings consisting of four or more units.

Discrimination, generally, means any unfair treatment based on race, color, religion, national origin, ancestry, sex, age as it relates to employment or handicap. For purposes of sections 66-2, 66-3 and 66-4, discrimination includes:

(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a

rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(2) A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

a. The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons. Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of this subsection 3a.

b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

c. All premises within such dwellings contain the following features of adaptive design:

1. An accessible route into and through the dwelling;

2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

3. Reinforcements in bathroom walls to allow later installation of grab bars; and

4. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

Dwelling means any building, structure or portion thereof which is occupied as or designed or intended for occupancy as a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

Employer means any business or any person employing six or more unrelated persons and any person directly acting in the interest of an employer, but does not include corporations and associations owned and operated by religious or sectarian groups.

Employment agency includes any person or agency, public or private, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any person acting in the interest of such a person.

Family includes a single individual.

Handicap means a physical or mental impairment which substantially limits one or more of a person's major life activities or a condition perceived as such which, with or without reasonable accommodations, does not interfere with performing the job, utilizing the place of public accommodation or occupying the dwelling in question.

Housing for older persons, as used in sections 66-2, 66-3 and 66-4, means housing:

(1) Provided under any state or federal program that the commission determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program;

(2) Intended for and solely occupied by persons 62 years of age or older; or

(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this definition, the commission shall develop regulations which require at least the following factors:

(4) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;

(5) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

(6) The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

Labor organization includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or for other mutual aid or protection in relation to employment.

MCHR means the Missouri Commission on Human Rights.

Places of public accommodation means all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement, including but not limited to:

(1) Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence.

(2) Any restaurant, cafeteria, lunchroom, lunchcounter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment.

(3) Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof.

(4) Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment.

(5) Any public facility owned, operated or managed by or on behalf of this state or any agency or subdivision thereof or any public corporation and any such facility supported in whole or in part by public funds.

(6) Any establishment which is physically located within the premises of any establishment otherwise covered by this definition or within the premises of which is physically located any such covered establishment and which holds itself out as serving patrons of such covered establishment. Rent includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.