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ORDINANCE NO. 66 SERIES 1963 AN ORDINANCE DEFINING DISCRIMINATORY PRACTICES IN PLACES OF PUBLIC ACCOMODATION; PROHIBITING THE SAME; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, each member of the Board of Aldermen recognizes that the government of the City of Louisville was organized to protect and promote the health, safety, and welfare of all persons in the City of Louisville, including minority groups; and WHEREAS, each alderman is cognizant of his duty to protect and foster the welfare of persons residing in his ward and to prevent, insofar as possible, any discrimination in places of public accomodation on account of a person't race, color, religious beliefs, ancestry or national origin; and WHEREAS, in order to insure that there be no discriminatory practices in places of public accomodation on account of race, color, religious beliefs, ancestry or national origin BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE: Section One. It is hereby declar ed to be the policy of the City of Louisville in the exercise of its licensing and police powers for the preservation of the peace and the protection of the comfort, healthl' welfare and safety of persons in the City of L:>uisville and to prohibit discriminatory practices in places of public accomodation as hereinafter defined. Section Two. When used herein: (a) The term "person" includes one or more individuals, partner- ships, associations, corporations, legal representatives, or other groups of persons. (b) The term "Commission" means the City of Louisville Hu·m an ~elations Commission as established by Ordinance No. 33 of the 1962 Ordinances �of the City of Louisville; and the t erm "Anti~Dis crimination Division" means a Boardj any three members of which sha ll constitute a quorumj consisting of five (5) members of the City of Louisville Human Relations Commissionj said five members to be designat ed by t he Mayor of the City of Louisville. (c) The phrase "Place of public accomodation" means any place of bus iness offering or holding out to t he gener al public services or facilities for the peace, comfor t j healthj welfare or safety of such general public includingj public places providing food~ shelt er 9 recreationj · enter tainment or amusement. Section Threeo Discr iminator y practices il as hereinafter defined, in places of public accomodation are hereby pr ohibited and declared unlawful. (a ) It s ha ll be a dis criminator y practice for the owner j lesseej manager j pr opritor j concessionair ej custodia:nj agent or employee of a place of public accomodation within t he City of Louisville to deny j to a ccord or to treat differently any per son in the s er \rice or sa le of any privilege j facility or commodity on account of his racej color j religious beliefs j ancestry or national or iginj or to segregate or requir e t he placing of any person in any separate s ection or area of the premises or facilities j of such place of public accomodation, or to deny j refuse or withhold from any pers on, on account of his race, color j r eligious beliefs j ancestr y or national or iginj full and equal accomodation advantages 9 facilities a nd pr ivileges in any ,p lace of public ac comodationo (b) It shall be a discriminatory practice t o place, postj main- tain, displayj or circulatej or knowingly cause 9 permit or a llow t he placingj posting, maintenance j display or ctrculatf.on of a ny written or printed advertisementj notice or sign of any kind of description to the effect that any of the accomodationsj advantages, facilitiesj or privileges c;>f any ,pla~~ of public accomodation will or may be r efused~ withheld from or denied to any person on account of his r a cej color religious beliefs j ancestry or national origin,

2 �. or that the patronage of any person is unwelcome 9 objectionable, or not acceptableil desired or solicited on account of his race 51 color ii religious beliefsil ancestry or national originj or that any person is required or requested to use any separate section or area of the premises or facilities on account of his race 9 color 9 religious beUefs, ancestry or national origino Section Four o The administration of this Ordinance shall be the responsibility of the City of Louisville :Suman Relations Commissiono The Anti-Discrimination Division shall have full operating responsibility under the supervision of the Commission for carrying out the provisions of this Ordinanceo In addition to any powers or duties heretofore conferred on said Commission it shall have the power and duty to~ (a) Receiveil investigate and seek to adjust complaints of diSCJ;'iminatory practices prohibited by this Ordinance and to initiate such complaints itselfo (b) By itself or through its Anti~Discrimination Division9 to hold publi~ or private hearings 9 administer oaths 9 and take the testimony of any person under oath relating to any matter under investigation or in questiono If a person9 against whom a complaint of discriminatory practice is made 9 shall be notified to attend any hearingil public or private, before the Commission or the AntiDiscrimination Division and he shall fail to attend such hearingil the Commission or the Anti- Discrimination Division 51 as the case may be1 may proceed to hold such hearing and make a determination in such persons absenceo Section Fiveo (a) Any person claiming to be aggrieved by a discriminatory practice prohibited by this Ordinance may make,_ .. $.ign and ·file ·,,··.· with the City of Louisville Human Relations Commission a complaint - 3-- �in writing under oath 1 which shall state the name and address of the public accomodation alleged to have committed the discriminatory practice and which shall s et forth the par ticular s thereof and contain such other information as may be required under rules established by the Commission. Such complaints shall be filed within thirty (30) days aft er the alleged discriminatory practice is committed. Th~ Commission1 if it has reason to believe that any person has engaged in a discriminat~rJ practice prohibited by this Ordinance, may adopt a resolution to that eff ect 1 whi ch resolution shall ·have the legal effect and status of a complaint filed with the Commission on the date s uch resolution is adopted. (b) Upon receipt of a complaint 1 the staff of the Commis sion shall promptly conduct a preliminary investigation. Upon the completion of such investigation 9 the complaint together with the results of the investigation sha ll be referred to the AntiDiscrimination Division. If the Anti-Dis_crimination Division determines from such investigation that a discrilninatory practice has been committed 9 that Division sha ll attempt an adjustment by means of conference and negotiations. A ten (10) day period after the filing of the complaint with the Commis s ion shall be allowed for this purpose. If the Anti-Discrimination Division det ermines that a discriminatory practice has not been committed 9 then it shall enter an order dismissing the complaint and s hall _promptly send copies thereof to the complainant and to the person complained against (hereinafter referred to as the respondent) of its action. The Anti-Discr ~mination Division shall report to the Commission at each of its monthly meetings the disposition of all comp.~ ints referred (c) In case of failure of conference or n~gotiations to obtain compliance with this Ordinance 9 the Anti-Discrimination Division1 no later than twenty (20) days after the complaint has - 4- �been r ef erred to it~ shall (unless the complaint has been dismissed as aforesaid) either certify the entir e case to the Director of I.aw for prosecution 1 or cause to be issued and served in the name of the Commission a written notice~ together with a copy of such complaint j requiring the respondent to answer the charges of such complaint at a hearing before the Anti-Discrimination Division at a time and place to be specified in such noticeo The notice of hearing shall be served upon the respondent no later than twenty (20) days after the complaint has been r eferred to the Anti- Dis crimination Divisio:no The place of such hear ing may be the office of the Commission or another place designated by ito The case in sqpport . of the complaint shall be presented at the hearing by a member of the Depart ment of Law of the City of Louisville who shall be counsel for the City of Louisville Human Relations Commissiono Any endeavors or negotiations for counciliation~ or admission or statement made in connection therewith shall not be received in evidenceo The respondent may file a written aMwer t o the complaint and appear at such hear ing in per son or ~ er wis e 1 with or without couns el~ and submit t estimony and be fully heardo The Anti-Discrimination Division conducting any hear ing may permit reasonable a mendments to any complaint or answer o The t estimony taken at such hearing shall be under oath and be t ranscribed at the request of either party or by direction of the Anti-Discrimination Divisiono Ji~ upon all the evidence~ the Anti- Discrimination Division finds that a respondent has engaged in any discr iminatory practice as defined in Section Three (3)j it shall state in writing its findings of fact and conclusions of law and shall issue and file with the Commission and cause to be s erved on the complainant and the r e~pondent an order requiring such respondent to cease and desist from such discriminatory practice or practices j and/ or requiring such affirmative action as it shall deem necessary to r emedy the violation and to - 5- �prevent its continuation or reoccurrence. If~ upon all the eviqence:, the Anti-Discr i mination Division finds that the respondent has not engaged in any alleged discriminatory practice~ it shall state its findings of fact and conclusions of law and shall similarly is~ue and file an order dismissing the complaint and cause copies thereof .i to be served upon the complainant ~ and the respondent. The Commission may establish rules of procedure to govern~ expedite and effectuate the procedures of Section Five of this Ordinance. d) If either the complain.ant or the respondent is not satisfied with the determination of the Anti- Discrimination Division:, he shall have the right to appea l such determination to the Commission with in ten (10) days after the date of entry of the order of said Division. No member of the Anti=Discrimination Division may participate in determination of an appea l. All decisions of the Commission o~ such appeals shall be by a majority vote. A quorum, for determination of appeals, shall cons ist of six (6) members. On appeal the Commis sion may affirm 9 modify or set aside the AntiDiscri mination Divisionvs ·order or make such other appropriate order as shall effectuat e the purposes of this Ordinanceo (e) In the event that the Anti-Discrimination Division shall have entered an order against the respondent from which no timely appeal is takeny and in those cases where such an order is entered by the Commission after appeal~ the Commission shall, in cases of non- compliance therewith9 certify the entire case to the Director of Law for prosecution. No prosecution shall be brought under th.is Ordinance except upon such ce~cation or upon certification to the Director of Law pursuant to Section Five (c) hereof. After certtfication7 the Director of Law shall prosecute the offender for violation of this Ordinanceo (f) All complaint.s 9 a nswers~ investigations, conferences and hearings held under and pursuant to this Ordinance shall - 6= �be held confidential by the Commission~ the Anti=Discr imination Division and their agents and employeeso The Commission or the Anti-Discrimination ,,f Division at the request of the,. .,complainant 9 or the r espondent 9 or on its own initiative 9 shall declare the hear ing provided for under Section Five (c) this ordi~ance to be a closed hearingo Ji no r equest is received from either the complainant or the respondent by the Commission or the AntiDis crimination Division r eque ting a closed hear ing 9 the hear ing provided for under Section Five (c) may be an open and public hearingo Provided9 how:. , ever that the complaint and the t r anscript of any hearing held under Section j) Five (c) of this Ordinance are declared to be public recordso Section Suto Subject to the certtfi cation required by Section Five (e):1 any persons violating any of the provisions of this Or dinance shall be guilty of a misdemeanor and shall be subject to a fine of not mor e than One Hundred Dollar s $1000 00) for ea ch offenseo I Section Seveno Three or more convictions of any person for violation of Section Three of this Ordinance shall9 if the Commission finds (after due notice and an opportunity to be heard) that the respondent is a continual offender ~ be deemed to constitute a public nuisance and a contumacious inter fer ence with the spir it and purpose of this Or dinanceo In the event of such occurrence 9 the Commission shall be empowered to refer _. the matt er to the Director of Law who shall ther eupon apply for appropriate injunctive reliefo Section Eighto In computing ti ire or periods of time 9 in this Ordinance 9 Sundays and legal holidays shall be excludedo Section Nineo All notices requir ed to be s ent to the comp],ainant, · respondent or any persons by any provision of thi.s Ordinance shall be sent by,_certifi ed United States Mail with a r eturn r eceipt requestedo �