No individual shall be discriminated against on the basis of protected classin the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any public or private entity who owns, leases (or leases to), or operates a place of public accommodation.
Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract, but that allocation shall not be binding on the Commission when investigating and determining whether or not any covered entity has violated the Act.
It is not considered unlawful discrimination for a place of public accommodation to deny access to its goods and services based on age in order to comply with generally-applicable health and safety laws or regulations. For example, it is not unlawful for a bar to deny access to individuals who are not yet legally permitted to drink alcoholic beverages, or for a store to refuse to sell goods, such as cigarettes, to individuals who have not yet reached the legal age for use of those goods, or for a preschool program to refuse to enroll adults.
94-348 C.M.R. ch. 7, § 02