Subdivision 1. Short title. This section may be cited as the "Restroom Access Act."
Subd. 2. Definitions. For purposes of this section:
(a) "Customer" means an individual who is lawfully on the premises of a retail establishment.
(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.
(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.
Subd. 3. Retail establishment; customer access to restroom facilities. 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:
(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;
(2) three or more employees of the retail establishment are working at the time the customer requests use of the employee restroom facility;
(3) the retail establishment does not normally make a restroom available to the public;
(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
(5) a public restroom is not immediately accessible to the customer.
Subd. 4. Liability. (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:
(1) is not negligent;
(2) occurs in an area of the retail establishment that is not accessible to the public; and
(3) results in an injury to or death of the customer or an individual other than an employee accompanying the customer.
(b) This section does not require a retail establishment to make any physical changes to an employee restroom facility.
Subd. 5. Violation. 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.
2007 c 135 art 2 s 31
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
Section 325E.01 — Delivery Tickets To Accompany Each Fuel Delivery.
Section 325E.02 — Customer Deposits.
Section 325E.021 — Utility Delinquency Charges.
Section 325E.025 — Landlords And Tenants; Utility Bills.
Section 325E.026 — Unauthorized Use Of Utility Meters.
Section 325E.027 — Discrimination Prohibition.
Section 325E.028 — Utility Payment Arrangements For Military Service Personnel.
Section 325E.03 — Sale Of Beverage Containers Having Detachable Parts.
Section 325E.031 — Immigration Services.
Section 325E.04 — Free Samples; Distribution.
Section 325E.041 — Sensory Testing Research.
Section 325E.042 — Prohibiting Sale Of Certain Plastics.
Section 325E.044 — Plastic Container Labeling.
Section 325E.046 — Standards For Labeling Plastic Bags.
Section 325E.05 — Agricultural Implement Dealerships; Return Of Stock.
Section 325E.061 — Definitions.
Section 325E.062 — Terminations Or Cancellations.
Section 325E.063 — Violations.
Section 325E.0631 — Warranties.
Section 325E.064 — Status Of Inconsistent Agreements.
Section 325E.067 — Applicability.
Section 325E.068 — Definitions.
Section 325E.0681 — Terminations Or Cancellations.
Section 325E.0682 — Violations.
Section 325E.0683 — Status Of Inconsistent Agreements.
Section 325E.07 — Cigarette Vending Machines, Notice Relating To Sales.
Section 325E.08 — Service For Disabled Persons At Gasoline Stations.
Section 325E.085 — Motor Vehicle Fuel Payment.
Section 325E.095 — Computation Of Sales By Small Retailers.
Section 325E.0951 — Motor Vehicle Air Pollution Control Systems.
Section 325E.0952 — Mandatory Air Bag Replacement.
Section 325E.10 — Definitions.
Section 325E.11 — Collection Facilities; Notice.
Section 325E.112 — Used Motor Oil And Used Motor Oil Filter Collection.
Section 325E.115 — Lead Acid Batteries; Collection For Recycling.
Section 325E.1151 — Lead Acid Battery Purchase And Return.
Section 325E.125 — General And Special Purpose Battery Requirements.
Section 325E.1251 — Penalty Enforcement.
Section 325E.127 — Notice For Fluorescent Lamps Containing Mercury.
Section 325E.13 — Tampering With Odometers; Definitions.
Section 325E.14 — Prohibited Acts.
Section 325E.15 — Transfer Of Motor Vehicle; Mileage Disclosure.
Section 325E.16 — Penalties; Remedies.
Section 325E.165 — Definition.
Section 325E.166 — Clock-hour Meters; Prohibited Acts.
Section 325E.167 — Penalties And Remedies.
Section 325E.169 — Definitions.
Section 325E.17 — Unlawful Transfers Or Sales Of Recordings.
Section 325E.18 — Identity Of Transferor.
Section 325E.201 — Violations; Punishment.
Section 325E.21 — Dealers In Scrap Metal; Records, Reports, And Registration.
Section 325E.23 — Definitions.
Section 325E.24 — Furnishing Of Space; Exceptions.
Section 325E.26 — Definitions.
Section 325E.27 — Use Of Prerecorded Or Synthesized Voice Messages.
Section 325E.28 — Requirements On Automatic Dialing-announcing Devices.
Section 325E.29 — Message Requirements.
Section 325E.30 — Time Of Day Limit.
Section 325E.317 — Definitions.
Section 325E.318 — Wireless Directories.
Section 325E.319 — Wireless Communications Devices; Acquisition For Resale.
Section 325E.32 — Waste Tires; Collection.
Section 325E.33 — Misconduct Of Athletic Agents.
Section 325E.34 — Free Newspapers; Exclusive Right To Distribute Prohibited.
Section 325E.35 — Definitions.
Section 325E.36 — Seller-financed Agricultural Input Sales.
Section 325E.37 — Termination Of Sales Representatives.
Section 325E.38 — Sale Of Certain Cfc Products Prohibited.
Section 325E.381 — Perchloroethylene Prohibition.
Section 325E.385 — Products Containing Polybrominated Diphenyl Ether.
Section 325E.386 — Products Containing Certain Polybrominated Diphenyl Ethers Banned; Exemptions.
Section 325E.387 — Review Of Decabromodiphenyl Ether.
Section 325E.389 — Items Containing Lead Prohibited.
Section 325E.3891 — Cadmium In Children's Jewelry.
Section 325E.39 — Telephone Advertising Services.
Section 325E.395 — Facsimile Transmission Of Unsolicited Advertising Materials.
Section 325E.40 — Sale Of Petroleum-based Sweeping Compound Products Prohibited.
Section 325E.41 — Deceptive Trade Practices; Environmental Marketing Claims.
Section 325E.42 — Deceptive Trade Practices; Gambling Advertising And Marketing Claims.
Section 325E.491 — Definitions.
Section 325E.492 — Production.
Section 325E.50 — Definitions.
Section 325E.51 — Licensing Negotiations.
Section 325E.52 — Royalty Contract Requirements.
Section 325E.53 — Improper Licensing Practices.
Section 325E.54 — Investigation.
Section 325E.56 — Remedies Cumulative.
Section 325E.59 — Use Of Social Security Numbers.
Section 325E.60 — Restroom Access.
Section 325E.61 — Data Warehouses; Notice Required For Certain Disclosures.
Section 325E.63 — Credit Issued To Minors.
Section 325E.64 — Access Devices; Breach Of Security.
Section 325E.65 — Sale Of American Flags.
Section 325E.66 — Insurance Claims For Residential Contracting Goods And Services.