Chapter 25C is hereby amended by inserting after section 8 the following section:-

Section 9.

(a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meaning:-

"Closed captioning", a transcript or dialog of the audio portion of a television program that is displayed on a television receiver screen when a user activates the feature.

"Closed-captioning television receiver", a receiver of television programming that has the capacity to display closed captioning, including but not limited to a television, digital set top box, or other technology.

"Public area", a part of a place of public accommodation that is open to the general public.

"Regular hours", the hours of any day in which a place of public accommodation is open to members of the general public.

(b) Upon request, a place of public accommodation shall not fail to keep closed captioning activated on any closed-captioning television receiver that is in use during regular hours in any public area.

(c) Notwithstanding the above, a place of public accommodation shall not be required to make closed captioning available in a public area of said place if: (i) no television receiver of any kind is available in the public area; or (ii) the only public television receiver available in the public area is not a closed-captioning television receiver.

(d) Violations of subsection (b) shall constitute discrimination as defined in section 98 of chapter 272. The authority of the Massachusetts Commission on Discrimination shall extend to matters involving alleged or actual violations of this subsection.