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<br />33C- <br /> <br />(3) buildings or facilities are constructed with private funds with the intent of <br />donating or deeding to a public entity; or <br /> <br />(4) tax abatements or other incentives are provided by a public authority. <br /> <br />(b) Buildings or facilities that are leased or rented to the state: <br /> <br />(1) include space provided at no cost to a state agency for conducting state <br />business with or without a written contract; <br /> <br />(2) may be exempted from compliance if it is determined by the state agency that <br />the space will not be used by the public and that the occasion for employment <br />for persons with disabilities "is improbable because of the essential job <br />functions. The agency shall, prior to advertisement for bid, submit to the <br />department for a determination a completed Lease Evaluation Form obtained <br />'from the" department. If a Lease Evaluation Form is not submitted, full <br />compliance with all applicable standards shall be required. <br /> <br />(c) The following private entities are considered public accommodations and subject to <br />the Act: <br /> <br />(1) an inn, hotel, motel, or other place of lodging except for an establishment <br />located within a building that contains not more than five rooms for rent or <br />hire' and that is actually occupied by the proprietor of such establishment as <br />the residence of such proprietor; <br /> <br />(2) a restaurant, bar, or other establishment serving food or drinks; <br /> <br />(3) a motion picture house, theater, concert hall, stadium, or other place of <br />exhibition or entertainment; <br /> <br />(4). an auditorium, convention center, lecture hall, or other place of public <br />gathering; <br /> <br />(5) a bakery, grocery store, clothing store, hardware store, shopping center, or <br />other sales or rental establishment; <br /> <br />(6) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe <br />repair service, funeral parlor, gas station, office of an accountant or lawyer, <br />pharmacy, insurance office, professional office of a health care provider, <br />hospital, or other service establishment; <br /> <br />(7) a terminal, depot, or other station used for specified public transportation; <br /> <br />Clw.pter 68, Architectural Barriers <br /> <br />Page 3-R <br /> <br />June 1, 1994 <br /> <br />.. ' <br />