SF 140

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating customer access to restroom facilities;
proposing coding for new law in Minnesota Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.60] RESTROOM ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the Restroom Access Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
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new text begin (a) "Customer" means an individual who is lawfully on the premises of a retail
establishment.
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new text begin (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other
inflammatory bowel disease, irritable bowel syndrome, or any other medical condition
that requires immediate access to a restroom facility.
new text end

new text begin (c) "Retail establishment" means a place of business open to the general public for
the sale of goods or services. Retail establishment does not include a filling station or
service station with a structure of 800 square feet or less that has an employee restroom
facility located within that structure.
new text end

new text begin Subd. 3. new text end

new text begin Retail establishment; customer access to restroom facilities. new text end

new text begin A retail
establishment that has a restroom facility for its employees shall allow a customer to
use that facility during normal business hours if the restroom facility is reasonably safe
and all of the following conditions are met:
new text end

new text begin (1) the customer requesting the use of the employee restroom facility suffers from an
eligible medical condition or uses an ostomy device, provided that the existence of the
condition or device is documented in writing by the customer's physician or a nonprofit
organization whose purpose includes serving individuals who suffer from the condition;
new text end

new text begin (2) three or more employees of the retail establishment are working at the time the
customer requests use of the employee restroom facility;
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new text begin (3) the retail establishment does not normally make a restroom available to the
public;
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new text begin (4) the employee restroom 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 establishment; and
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new text begin (5) a public restroom is not immediately accessible to the customer.
new text end

new text begin Subd. 4. new text end

new text begin Liability. new text end

new text begin (a) A retail establishment or an employee of a retail
establishment is not civilly liable for an act or omission in allowing a customer who
claims to have an eligible medical condition to use an employee restroom facility that is
not a public restroom if the act or omission:
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new text begin (1) is not negligent;
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new text begin (2) occurs in an area of the retail establishment that is not accessible to the public; and
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new text begin (3) results in an injury to or death of the customer or an individual other than an
employee accompanying the customer.
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new text begin (b) This section does not require a retail establishment to make any physical changes
to an employee restroom facility.
new text end

new text begin Subd. 5. new text end

new text begin Violation. new text end

new text begin For a first violation of this section, the city or county attorney
shall issue a warning letter to the retail establishment or employee informing the
establishment or employee of the requirements of this section. A retail establishment or an
employee of a retail establishment that violates this section after receiving a warning letter
is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50.
new text end