Full Statute Name:  West's Colorado Revised Statutes Annotated. Title 25. Public Health and Environment. Disease Control. Article 4. Disease Control. Part 16. Food Protection Act. § 25-4-1615. Pet dogs in retail food establishments--prohibited--exceptions

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Primary Citation:  C.R.S.A. § 25-4-1615 Country of Origin:  United States Last Checked:  February, 2024 Alternate Citation:  CO ST § 25-4-1615 Date Adopted:  2020 Historical: 
Summary: This 2020 Colorado law allows a person to have a pet dog in an outdoor dining area of a retail food establishment if several conditions are met (including, but not limited to, the presence of a separate entrance for the dogs and their owners, requiring owners to keep dogs on leashes or in pet carriers, and not allowing the dogs on furniture or fixtures). The law allows a retail food establishment to elect not to allow dogs in its outdoor dining area. In addition, the governing body of a city, county, or city and county may prohibit the presence of pet dogs in outdoor dining areas of retail food establishments located within the governing body's jurisdiction

(1) Except as specified in subsection (3) of this section, a person may have a pet dog in an outdoor dining area of a retail food establishment if:

(a) The retail food establishment elects to allow pet dogs in its outdoor dining area;

(b) A separate entrance is present through which the pet dog enters and exits the outdoor dining area without passing through the retail food establishment;

(c) The person does not allow the pet dog on chairs, benches, seats, or other furniture or fixtures;

(d) The outdoor dining area is not used for food or drink preparation; except that an employee of the retail food establishment may refill a beverage glass in the outdoor dining area from a pitcher or other container;

(e) The pet dog is on a leash or confined in a pet carrier and is under the control of a person;

(f) The licensee of the retail food establishment ensures compliance with local ordinances related to sidewalks, public nuisances, and sanitation; and

(g) The retail food establishment is in compliance with any other control measures approved by the county or district public health agency.

(2) A person who brings a pet dog in an outdoor dining area in accordance with this section is responsible for the behavior of that pet dog.

(3)(a) The governing body of a city, county, or city and county may prohibit the presence of pet dogs in outdoor dining areas of retail food establishments located within the governing body's jurisdiction.

(b) A retail food establishment may elect not to allow pet dogs in its outdoor dining area.

(4) Nothing in this section is intended to restrict the presence of a service animal, as defined in section 24-34-301.

Credits
Added by Laws 2020, Ch. 66 (S.B. 20-078), § 1, eff. Sept. 14, 2020. Amended by Laws 2023, Ch. 269 (H.B. 23-1296), § 8, eff. May 25, 2023.
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