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.
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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 toilet 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 toilet
facility located within that structure.
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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 toilet facility for its employees shall allow a customer to use that
facility during normal business hours if the toilet facility is reasonably safe and all of
the following conditions are met:
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new text begin (1) the customer requesting the use of the employee toilet facility suffers from an
eligible medical condition or uses an ostomy device;
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new text begin (2) three or more employees of the retail establishment are working at the time the
customer requests use of the employee toilet 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 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 establishment; and
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new text begin (5) a public restroom is not immediately accessible to the customer.
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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 any act or omission in allowing a customer that has
an eligible medical condition to use an employee toilet facility that is not a public restroom
if the act or omission meets all of the following:
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new text begin (1) it is not willful or grossly negligent;
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new text begin (2) it occurs in an area of the retail establishment that is not accessible to the public;
and
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new text begin (3) it results in an injury to or death of the customer or any individual other than
an employee accompanying the customer.
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new text begin (b) A retail establishment is not required to make any physical changes to an
employee toilet facility under this act.
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new text begin Subd. 5. new text end

new text begin Violation. new text end

new text begin A retail establishment or an employee of a retail establishment
that violates this section is guilty of a petty misdemeanor. The fine for a first offense
must not exceed $100.
new text end