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SENATE BILL
No. 354
Session of 2009
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INTRODUCED BY GREENLEAF, MUSTO,, TARTAGLIONE, WASHINGTON, O'PAKE AND BOSCOLA,
FEBRUARY 20, 2009
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REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 20, 2009
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AN ACT
Providing for restroom access for certain customers of retail establishments and for a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Restroom Access Act.
Section 2. Definitions.
The following words and phrases when used in this act shall have the meaning given to them in this section unless the context clearly indicates otherwise:
"Customer." An individual who is lawfully on the premises of a retail establishment and who uses an ostomy device or who suffers from an inflammatory bowel disease, such as Crohn's disease, ulcerative colitis or any other medical condition that requires immediate access to a toilet facility.
"Retail establishment." A place of business open to the general public for the sale of goods or services.
Section 3. Customer access to retail establishment toilet facilities.
A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if all of the following apply:
(1) The toilet facility is not located in an area where providing access would create an obvious security risk to the retail establishment.
(2) The customer provides the retail establishment with evidence that the customer uses an ostomy device or suffers from an inflammatory bowel disease, such as Crohn's disease, ulcerative colitis or any other medical condition that requires immediate access to a toilet facility, by providing documentation in writing by the customer's physician or an identification card that is issued to the customer by a nonprofit organization whose purpose includes serving individuals who suffer from such disease or condition.
Section 4. Penalty
A retail establishment that violates the provisions of this act is punishable by a civil penalty of up to $500. The magisterial district judge for the jurisdiction in which the retail establishment is located may impose the civil penalty authorized by this section.
Section 5. Effective date.
This act shall take effect immediately.
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