03 LC 19 5745

Senate Bill 139
By: Senators Brush of the 24th, Thomas of the 10th, Crotts of the 17th and Mullis of the 53rd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation; to provide exceptions; to define certain terms; to provide for injunctive relief and damages involving violations of this Act; to authorize attorney´s fees and court costs under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding following Article 33 a new Article 34 to read as follows:

"ARTICLE 34

10-1-900.
As used in this article, the term 'public accommodation' means a business or other entity that offers to the general public food, shelter, recreation, amusement, or any other goods, service, privilege, facility, or accommodation. Such term shall not include single or multifamily dwellings or residences.
10-1-901.
(a)(1) A person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual:
(A) Operates a motorcycle;
(B) Is a member of an organization or association that operates motorcycles; or
(C) Wears clothing that displays the name of such an organization or association.
(2) No person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation.
(b) This Code section does not prohibit a person who owns or operates a public accommodation from denying to an individual access or admission to or use of the accommodation if:
(1) The conduct of the individual poses a risk to the health or safety of another person or a risk to the safety of another person´s property; or
(2) The individual´s clothing does not conform with a dress code that is:
(A) In effect at the public accommodation;
(B) Stated clearly; and
(C) Not designed to exclude a particular individual or group of individuals.

10-1-902.
(a) On application of any person, a court may enjoin a violation of this article.
(b) A person who is injured by a violation of this article may bring a cause of action for injunctive relief, under subsection (a) of this Code section, or for damages, or for both injunctive relief and damages. In an action for damages, the person may recover:
(1) Actual damages incurred by the person, if any; and
(2) Exemplary damages in an amount not to exceed $5,000.00.
(c) A person who brings an action under subsection (a) or (b) of this Code section and who prevails in the action is entitled to reasonable attorney´s fees and court costs."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.