2010 ADA Definition
Place of Public Accommodation: Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories –
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is – (i) An inn, hotel, or motel; or
(ii) A facility that – (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following – (1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
Places of Lodging
Places of Lodging. See “Place of Public Accommodation”....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.102(b)(2)
(2) The requirements of subparts B and C of this part obligate a public accommodation only with respect to the operations of a place of public accommodation....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.207 Places of Public Accommodation Located in Private Residences (Preamble, Section-by-Section Analysis)
facility’’ nor a ‘‘place of public accommodation.’’...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.207 Places of Public Accommodation Located in Private Residences (Section-By-Section Analysis and Response to Comments)
covered by title III because it is neither a "commercial facility'' nor a "place of public accommodation.''...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.207 Places of public accommodation located in private residences.
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
201.2.1 Commercial facilities and places of public accommodation located in private residences
201.2.1 Commercial facilities and places of public accommodation located in private residences....
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State and Local Documents > Codes and Standards > 2022 California Standards
COMMERCIAL PLACE OF PUBLIC AMUSEMENT
A commercial place of public amusement does not include any public or private higher education facility or district agricultural associations....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
§301(7)(A)
An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
‘‘Commerce.’’ (Preamble, Section-by-Section Analysis)
Commerce is defined in the same manner as in title II of the Civil Rights Act of 1964, which prohibits racial discrimination in public accommodations....
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What is a public accommodation?
What is a public accommodation?
A public accommodation is a private entity that owns, operates, leases, or leases to a place of public accommodation....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
An Overview of the Basic ADA Facility Requirements for Public Accommodations and Commercial Facilities
◼ An Overview of the Basic ADA Facility Requirements for Public Accommodations and Commercial Facilities
[Click here to view or download the PDF version of "An Overview of the Basic ADA...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #5 of 25 -- Title III
DEBRA: Title III of the ADA applies to places of public accommodations, or privately run business open to the public....
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Federal Documents > Technical Assistance > ADA Update - A Primer for Small Business
GENERAL NONDISCRIMINATION REQUIREMENTS
GENERAL NONDISCRIMINATION REQUIREMENTS
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.303(d)(5)
(5) This part does not require a public accommodation to use a TTY for receiving or making telephone calls incident to its operations....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.303(d)(2)
(2) This part does not require a public accommodation to use a TDD for receiving or making telephone calls incident to its operations....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
‘‘Commercial facilities’’ (Preamble, Section-by-Section Analysis)
of public accommodation....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
Public Accommodation
Public Accommodation. A private entity that owns, leases (or leases to), or operates a place of public accommodation....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Public accommodation
Public accommodation means a private entity that owns, leases (or leases to), or operates a place of public accommodation....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Public Accommodation
Public Accommodation means a private entity that owns, leases (or leases to), or operates a place of public accommodation.
- Source: Definition from ADA Title III Regulations...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
TRANSIENT LODGING
A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature (generally 30 days or less)....
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State and Local Documents > Codes and Standards > 2019 California Standards
TRANSIENT LODGING
A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature (generally 30 days or less)....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
The 1991 title III regulation, in § 36.302(c)(2), states that ‘‘[n]othing in this part requires a public accommodation to supervise or care for a service animal.''...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
1.6.12 Public Accommodation.
1.6.12 Public Accommodation.
A private entity that owns, is the lessee (or lessor) of, or operates a place of public accommodation. (28 CFR § 36.104)....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
PART 36 -- NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b)....