B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:

1. 1. The animal poses a direct threat to the health or safety of others.
2. 2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided.
3. 3. The animal poses an undue burden.
4. 4. The animal is out of control and the animal's handler does not take effective action to control the animal.
5. 5. The animal is not housebroken.

M. For the purposes of this section:

1. 1. "Direct threat to the health or safety of others" means that a significant risk to the health or safety of others exists and cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.

2. 2. "Discriminate" means discriminatory actions prescribed in section 41-1492.02 and includes:

   1. (a) Refusing to permit an individual with a disability to enter a public place with a service animal or interfering with the individual's right to enter or use the public place.
   2. (b) Failing to provide an individual with a disability the same services and access to the same areas of the premises as afforded to others.
   3. (c) Attempting to impose a charge, fee or deposit because an individual with a disability is accompanied by a service animal.
   4. (d) Requiring an individual with a disability to disclose disability-related information. However, a public accommodation may ask if the animal is a service animal being used because of a disability or what work or task the service animal has been trained to perform.
   5. (e) Requiring provision of identification for the service animal.
3. 3. "Individual with a disability" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
4. 4. "Public place" means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances.
5. 5. "Service animal" means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.
6. 6. "Under the control of the service animal's handler" means the service animal has a harness, leash or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether or the use of the harness, leash or other tether would interfere with the service animal's safe and effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control by voice control, signals or other effective means.
7. 7. "Wild animal park" means an entity that is open to the public on a regular basis, that is licensed by the United States department of agriculture as an exhibit and that is operating primarily to conserve, propagate and exhibit wild and exotic animals.