A retail establishment that has a toilet facility for its employees shall allow any individual who is lawfully on the premises of such place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the public, provided that the following conditions are met: I. The individual requesting the use of the employee toilet facility suffers from an eligible medication condition or utilizes an ostomy device, as evidenced by a signed document from a health care provider, an identification card from a national association, or other reasonable evidence of a qualifying medical condition. II. A public restroom is not immediately accessible to the customer. III. The employee toilet facility is not located in an area where providing access would create a health or safety risk to the customer, and providing access to the toilet facility would not pose a risk to an employee or others in the retail establishment.
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