§ 25-1-15 — Pet dogs in outdoor dining areas; requirements

A. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met: (1) no pet dog shall be allowed in any area where food is prepared; (2) patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control; (3) pet dogs shall not be allowed on chairs, tables or other furnishings; and (4) a sign or signs shall be posted to place the public on notice that the designated outdoor dining area is available for the use of patrons with pet dogs. Signs shall be at a minimum eight and one-half inches by eleven inches in size and use type that is uniform in size and no smaller than necessary to fill the sign to within two inches of the borders. The signs shall contain language reasonably designed to inform the public that dogs are permitted and may be present. Signs shall be posted prominently and be easily visible in both the area where dogs are permitted and at the entrance of the establishment. The board shall promulgate by rule the specific language to be included in the signs pursuant to Section 74-1-9 NMSA 1978. B. Employees shall: (1) wash their hands immediately after touching, petting or otherwise handling pet dogs; and (2) immediately clean up accidents involving pet waste and sanitize the area. C. A food service establishment may in its discretion prohibit pet dogs in outdoor dining areas. If a food service establishment allows pet dogs in a designated outdoor dining area, the food service establishment shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant.

Legislative History

Laws 2011, ch. 151, § 1.