New York Human Rights Law Article 15

292 – Definitions

9. The term “place of public accommodation, resort or amusement” shall
include, except as hereinafter specified, all places included in the
meaning of such terms as: inns, taverns, road houses, hotels, motels,
whether conducted for the entertainment of transient guests or for the
accommodation of those seeking health, recreation or rest, or
restaurants, or eating houses, or any place where food is sold for
consumption on the premises; buffets, saloons, barrooms, or any store,
park or enclosure where spirituous or malt liquors are sold; ice cream
parlors, confectionaries, soda fountains, and all stores where ice
cream, ice and fruit preparations or their derivatives, or where
beverages of any kind are retailed for consumption on the premises;
wholesale and retail stores and establishments dealing with goods or
services of any kind, dispensaries, clinics, hospitals, bath-houses,
swimming pools, laundries and all other cleaning establishments, barber
shops, beauty parlors, theatres, motion picture houses, airdromes, roof
gardens, music halls, race courses, skating rinks, amusement and
recreation parks, trailer camps, resort camps, fairs, bowling alleys,
golf courses, gymnasiums, shooting galleries, billiard and pool parlors;
garages, all public conveyances operated on land or water or in the air,
as well as the stations and terminals thereof; travel or tour advisory
services, agencies or bureaus; public halls and public elevators of
buildings and structures occupied by two or more tenants, or by the
owner and one or more tenants. Such term shall not include public
libraries, kindergartens, primary and secondary schools, high schools,
academies, colleges and universities, extension courses, and all
educational institutions under the supervision of the regents of the
state of New York; any such public library, kindergarten, primary and
secondary school, academy, college, university, professional school,
extension course or other education facility, supported in whole or in
part by public funds or by contributions solicited from the general
public; or any institution, club or place of accommodation which proves

that it is in its nature distinctly private. In no event shall an
institution, club or place of accommodation be considered in its nature
distinctly private if it has more than one hundred 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 a nonmember for the furtherance of trade
or business. An institution, club, or place of accommodation which is
not deemed distinctly private pursuant to this subdivision may
nevertheless apply such selective criteria as it chooses in the use of
its facilities, in evaluating applicants for membership and in the
conduct of its activities, so long as such selective criteria do not
constitute discriminatory practices under this article or any other
provision of law. For the purposes of this section, a corporation
incorporated under the benevolent orders law or described in the
benevolent orders law but formed under any other law of this state or a
religious corporation incorporated under the education law or the
religious corporations law shall be deemed to be in its nature
distinctly private.

296 – Unlawful discriminatory practices

2. (a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual orientation,
military status, sex, or disability or marital status of any person,
directly or indirectly, to refuse, withhold from or deny to such person
any of the accommodations, advantages, facilities or privileges thereof,
including the extension of credit, or, directly or indirectly, to
publish, circulate, issue, display, post or mail any written or printed
communication, notice or advertisement, to the effect that any of the
accommodations, advantages, facilities and privileges of any such place
shall be refused, withheld from or denied to any person on account of
race, creed, color, national origin, sexual orientation, military
status, sex, or disability or marital status, or that the patronage or
custom thereat of any person of or purporting to be of any particular
race, creed, color, national origin, sexual orientation, military
status, sex or marital status, or having a disability is unwelcome,
objectionable or not acceptable, desired or solicited