N.Y. Public Health Law § 1352-e: Companion dogs at food service establishments

§ 1352-e. Companion dogs at food service establishments. 1. Companion

dogs under the control of a person may be allowed in an outdoor dining

area at a food service establishment if all of the following conditions

are satisfied:

(a) the owner of the food facility elects to allow companion dogs in

its outdoor dining area or a designated portion of it, and subject to

any restrictions that the owner of the facility may establish;

(b) a separate outdoor entrance is present where companion dogs enter

without going through the food establishment to reach the outdoor dining

area and companion dogs are not allowed on chairs, benches, seats or

other fixtures;

(c) the outdoor dining area in which companion dogs are allowed is not

used for food or drink preparation or the storage of utensils. A food

employee may refill a beverage glass in the outdoor dining area from a

pitcher or other container;

(d) food and water provided to companion dogs shall only be in

single-use disposable containers;

(e) food employees are prohibited from having direct contact with

companion dogs while on duty. A food employee who does have such

prohibited direct contact shall wash his or her hands as required by

law;

(f) the outdoor dining area is maintained clean. Surfaces that have

been contaminated by dog excrement or other bodily fluids shall be

cleaned and sanitized;

(g) the companion dog is on a leash or confined in a pet carrier and

is under the control of the companion dog owner;

(h) there is reasonable signage indicating that companion dogs are

allowed in the outdoor dining area or a designated portion of it. The

signage shall state that restrictions on companion dogs do not apply to

guide, hearing or service animals;

(i) the food facility owner ensures compliance with local ordinances

related to sidewalks, public nuisance and sanitation; and

(j) such other control measures approved by the enforcement agency are

complied with.

2. This section shall not impair or diminish the right of an

individual to be accompanied by an animal where otherwise permitted by

law, including but not limited to the rights of people with disabilities

using guide, hearing or service animals.

3. For purposes of this section:

(a) "Food service establishment" shall mean any business which has

areas, including outdoor seating areas, in which food is sold for

on-premises consumption.

(b) "Companion dog" shall mean a domesticated dog accompanying an

individual or owner for the purpose of companionship or convenience of

such individual or owner, and shall not include guide, hearing or

service dogs.