§ 1352-E — Companion dogs at food service establishments

§ 1352-e. Companion dogs at food service establishments. 1. Companion\ndogs under the control of a person may be allowed in an outdoor dining\narea at a food service establishment if all of the following conditions\nare satisfied:\n (a) the owner of the food facility elects to allow companion dogs in\nits outdoor dining area or a designated portion of it, and subject to\nany restrictions that the owner of the facility may establish;\n (b) a separate outdoor entrance is present where companion dogs enter\nwithout going through the food establishment to reach the outdoor dining\narea and companion dogs are not allowed on chairs, benches, seats or\nother fixtures;\n (c) the outdoor dining area in which companion dogs are allowed is not\nused for food or drink preparation or the storage of utensils. A food\nemployee may refill a beverage glass in the outdoor dining area from a\npitcher or other container;\n (d) food and water provided to companion dogs shall only be in\nsingle-use disposable containers;\n (e) food employees are prohibited from having direct contact with\ncompanion dogs while on duty. A food employee who does have such\nprohibited direct contact shall wash his or her hands as required by\nlaw;\n (f) the outdoor dining area is maintained clean. Surfaces that have\nbeen contaminated by dog excrement or other bodily fluids shall be\ncleaned and sanitized;\n (g) the companion dog is on a leash or confined in a pet carrier and\nis under the control of the companion dog owner;\n (h) there is reasonable signage indicating that companion dogs are\nallowed in the outdoor dining area or a designated portion of it. The\nsignage shall state that restrictions on companion dogs do not apply to\nguide, hearing or service animals;\n (i) the food facility owner ensures compliance with local ordinances\nrelated to sidewalks, public nuisance and sanitation; and\n (j) such other control measures approved by the enforcement agency are\ncomplied with.\n 2. This section shall not impair or diminish the right of an\nindividual to be accompanied by an animal where otherwise permitted by\nlaw, including but not limited to the rights of people with disabilities\nusing guide, hearing or service animals.\n 3. For purposes of this section:\n (a) "Food service establishment" shall mean any business which has\nareas, including outdoor seating areas, in which food is sold for\non-premises consumption.\n (b) "Companion dog" shall mean a domesticated dog accompanying an\nindividual or owner for the purpose of companionship or convenience of\nsuch individual or owner, and shall not include guide, hearing or\nservice dogs.\n