2046

LAWS OF MARYLAND

Ch. 684

NECESSARY. THE PLACE OF ANY HEARING SHALL BE IN THE AREA
WHERE THE PROBLEM EXISTS.

(d) The Commission, in addition to its other duties,
shall serve as an appeal board for the review of decisions
of the hearing examiner. The appellate panel of
commissioners, as determined by the rules of procedure of
the Commission, may allow any party affected by the
examiner's decision to introduce additional relevant
testimony or evidence at the time of an appeal from the
hearing examiner.

[11] 5.

It is unlawful for an owner or operator of a place of
public accommodation or an agent or employee of the owner or
operator, because of the race, creed, SEX, AGE, color,
national origin, marital status, or physical or mental
handicap, of any person, to refuse, withhold from, or deny
to such person any of the accommodations, advantages,
facilities and privileges of such place of public
accommodation. Nothing in this section shall be construed
or interpreted to prohibit the proprietor of any
establishment, or the employees thereof, from the right to
deny service to any person for failure to conform to the
usual and regular requirements, standards and regulations
for the establishment so long as the denial is not based
upon discrimination on the grounds of race, color, creed,
national origin, marital status, or physical or mental
handicap. For the purpose of this subtitle, a place of
public accommodation means: (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, lunch counter, soda fountain, or other
facility principally engaged in selling food or alcoholic
beverages for consumption on the premises, including, but
not limited to, any such facility located on the premises of
any retail establishment; or any gasoline station; (3) any
motion picture house, theater, concert hall, sports arena,
stadium or other place of exhibition or entertainment; and
(4) any establishment (A) (i) which is physically located
within the premises of any establishment otherwise covered
by this subsection, or (ii) within the premises of which is
physically located any such covered establishment, and (B)
which holds itself out as serving patrons of such covered
establishment. The provisions of this section shall not
apply to a private club or other establishment not in fact
open to the public, except to the extent that the facilities
of such establishments are made available to the customers
or patrons of an establishment within the scope of this
section. WITH RESPECT TO SEX DISCRIMINATION, THIS SECTION

MAY NOT BE CONSTRUED TO APPLY TO THOSE FACILITIES WHICH ARE

UNIQUELY PRIVATE AND PERSONAL__IN NATURE, DESIGNED TO

ACCOMMODATE ONLY A PARTICULAR SEX.