PRINTER'S NO. 2784
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1820
Session of
2015
INTRODUCED BY KORTZ, KOTIK, COHEN, D. COSTA, THOMAS, BARRAR,
MURT, O'BRIEN AND WATSON, JANUARY 28, 2016
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 28, 2016
AN ACT
Providing for restroom access for certain customers of retail
establishments and imposing 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 meanings 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.
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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 health or safety
risk to the customer or an obvious security risk to the
retail establishment.
(2) A public restroom is not immediately accessible to
the customer.
(3) 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.
20160HB1820PN2784 - 2 -
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