(a) A pet dog that is under the control of a person shall be permitted in an outdoor dining area of a food service establishment if all of the following conditions are met:
(1) The owner of the food service establishment elects to allow pet dogs in its outdoor dining area. To evidence this election, the owner of the food service facility shall file for a waiver with the State Health Department stating they will adhere to the prescribed rules.
(2) A separate outdoor entrance is present where the pet dog can enter without going through the food service establishment to reach the outdoor dining area.
(3) A prominent sign is displayed sufficient to put the public on notice that the designated outdoor dining area is available for the use of patrons with pet dogs.
(4) A pet dog is not allowed on the chairs, benches, seats, or other fixtures in the outdoor dining area of the food service establishment.
(5) The outdoor dining area is not used for food preparation or the storage of utensils.
(6) The designated outdoor dining area where pet dogs are allowed is at least 12 feet away from any bar or area where beverages are prepared.
(7) A food service establishment employee refills beverages from a pitcher or other container at the table in the outdoor dining area where pet dogs are allowed.
(8) The outdoor dining area is well maintained, kept clean, and all surfaces that have been contaminated by pet dog excrement or other pet dog bodily fluids are properly cleaned and sanitized.
(9) The pet dog is kept on a leash or confined in a pet carrier at all times and is kept under the control of the person possessing the pet dog.
(10) The food service establishment ensures it is in compliance with all local ordinances related to sidewalks, public nuisances, and sanitation.
(b)(1) A food service establishment employee is prohibited from having direct contact with a pet dog in the outdoor dining area while on duty.
(2) A food service establishment employee who violates subdivision (1) shall wash his or her hands as required by food safety regulations.
(c) The owner of a pet dog is liable for any damages to the property of the food service establishment by the pet dog.
(d) All live animals are prohibited from being inside a food service establishment, except as provided by the applicable regulations of the federal Food and Drug Administration, and except as follows:
(1) Service dogs which are individually trained to provide assistance to an individual with a disability.
(2) Dogs under the control of a uniformed law enforcement officer acting within the course and scope of his or her duties.
(e) Emotional support animals are not service dogs within the meaning of the Americans with Disabilities Act and are therefore expressly prohibited from being inside a food service establishment.
(Act 2021-474, § 1.)