Section 3. Customer access to retail establishment toilet
facilities.
(a) Requirement.--A retail establishment that has a toilet
facility for its employees shall allow a customer to use that
facility during normal business hours if all of the following
apply:
(1) The 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
retail establishment.
(2) A public restroom is not immediately accessible to
the customer.
(3) The customer provides the retail establishment with
evidence that the customer uses an ostomy device or suffers
from an inflammatory bowel disease, such as Crohn's disease,
ulcerative colitis or any other medical condition that
requires immediate access to a toilet facility, by providing
documentation in writing by the customer's physician or an
identification card that is issued to the customer by a
nonprofit organization whose purpose includes serving
individuals who suffer from the disease or condition.
(b) Construction.--Subsection (a) shall not be construed to
require a retail establishment to make a physical change to a
restroom to be in compliance with subsection (a).
Section 4. Penalty and jurisdiction.
(a) Penalty.--A retail establishment that violates the
provisions of this act is subject to a civil penalty of up to
$500.
(b) Jurisdiction.--The magisterial district judge for the
jurisdiction in which the retail establishment is located may
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