Substitute House Bill No. 6398
Substitute House Bill No. 6398
PUBLIC ACT NO. 97-85
AN ACT CONCERNING DISCRIMINATION BY GOLF COUNTRY
CLUBS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) For the purposes of this
section, "golf country club" means an association
of persons consisting of not less than twenty
members who pay membership fees or dues and which
maintains a golf course of not less than nine
holes and (1) receives payment for dues, fees, use
of space, facilities, services, meals or
beverages, directly or indirectly, from or on
behalf of nonmembers or (2) holds a permit to sell
alcoholic liquor under chapter 545 of the general
statutes.
(b) No golf country club may deny membership
in such club to any person on account of race,
religion, color, national origin, ancestry, sex,
marital status or sexual orientation.
(c) All classes of membership in a golf
country club shall be available without regard to
race, religion, color, national origin, ancestry,
sex, marital status or sexual orientation.
(d) A golf country club that allows the use of
its facilities or services by two or more adults
per membership, including the use of such
facilities or services during restricted times,
shall make such use equally available to all
adults entitled to use such facilities or services
under that membership. The requirements of this
subsection concerning equal access to facilities
or services of such club shall not apply to adult
children included in the membership. Nothing in
this subsection shall be construed to affect the
assessment by a golf country club of any fees,
dues or charges it deems appropriate, including
the ability to charge additional fees, dues or
charges for access by both adult members during
restricted times.
(e) A golf country club that has food or
beverage facilities or services shall allow equal
access to such facilities and services for all
adults in all membership categories at all times.
Nothing in this subsection shall be construed to
require access to such facilities or services by
any person if such access by such person would
violate any provision of the general statutes or a
municipal ordinance concerning the sale,
consumption or regulation of alcoholic beverages.
(f) Nothing in this section shall be construed
to prohibit a golf country club from sponsoring or
permitting events that are limited to members of
one sex if such club sponsors or permits events
that are comparable for members of each sex.
(g) Any person aggrieved by a violation of the
provisions of this section may bring a civil
action in the Superior Court to enjoin further
violations and to recover the actual damages
sustained by reason of such violation or two
hundred fifty dollars, whichever is greater,
together with costs and a reasonable attorney's
fee.
(h) If, in an action brought under subsection
(g) of this section, the court finds that a golf
country club holding a permit to sell alcoholic
liquor under chapter 545 of the general statutes
has violated any of the provisions of this
section, it may, in addition to any relief ordered
under said subsection (g), order the suspension of
such permit until such time as it determines that
such club is no longer in violation of this
section. The clerk of the court shall send a copy
of such order to the Department of Consumer
Protection. Notwithstanding the provisions of
sections 4-182 and 30-55 of the general statutes,
the department shall, upon receipt of such order,
suspend such permit in accordance with such order.
Upon determination by the court that such club is
no longer in violation of this section, the clerk
of the court shall send a notice to that effect to
the department and the department shall reinstate
such permit.
Sec. 2. This act shall take effect January 1,
1998.
Approved May 29, 1997