NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5956C
SPONSOR: Rosenthal TITLE OF BILL: An act to amend the public health law, in relation to
outdoor seating areas at food service establishments
PURPOSE:
To authorize food service establishments that so choose to permit
customers to bring their pet dogs into outdoor dining areas of the
facility.
SUMMARY OF PROVISIONS:
Section one adds a new Public Health Law § 1352-e to provide that pet
dogs may be allowed in an outdoor area of a food service establishment
if the owner of the establishment elects to allow them. Pet dogs will
only be permitted in an outdoor area of a food service establishment if
certain conditions are met ensuring contamination of food, utensils or
equipment cannot result.
Section two provides that this act shall take effect immediately.
JUSTIFICATION:
With a large percentage of New Yorkers being dog owners, many restaurant
owners wish to accommodate customers with canine companions but are
currently prohibited from doing so by the state health code. Restaurants
who wish to permit dogs accompanying their owners in outdoor dining
areas risk non-issuance, suspension or forfeiture to their license to
operate.
According to a 2013 study published in the Journal of Environmental
Health, entitled Public Health Implications of Animals in Retail Food
Outlets, the overall public health risk of pet dogs in outdoor dining
areas is very low as long as safety, sanitation and hygiene practices
are enforced. Social Compassion in Legislation, non-profit organization
focused on protecting animals, was successful in passing similar legis-
lation in California with overwhelming support. This legislation will
provide restaurant owners with choice, provide consumers with the
option, boost business revenue and ensure safety standards are followed.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5956--C
2015-2016 Regular Sessions
IN ASSEMBLY
March 9, 2015
___________
Introduced by M. of A. ROSENTHAL, GLICK, McDONALD, BROOK-KRASNY, GALEF,
SOLAGES, BARRETT, SEAWRIGHT, TITONE, RA, TEDISCO, SANTABARBARA --
Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- reported and referred to the Committee on
Rules -- Rules Committee discharged, bill amended, ordered reprinted
as amended and recommitted to the Committee on Rules
AN ACT to amend the public health law, in relation to outdoor seating
areas at food service establishments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1352-e to read as follows:
3 § 1352-e. Companion dogs at food service establishments. 1. Companion
4 dogs under the control of a person may be allowed in an outdoor dining
5 area at a food service establishment if all of the following conditions
6 are satisfied:
7 (a) the owner of the food facility elects to allow companion dogs in
8 its outdoor dining area or a designated portion of it, and subject to
9 any restrictions that the owner of the facility may establish;
10 (b) a separate outdoor entrance is present where companion dogs enter
11 without going through the food establishment to reach the outdoor dining
12 area and companion dogs are not allowed on chairs, benches, seats or
13 other fixtures;
14 (c) the outdoor dining area in which companion dogs are allowed is not
15 used for food or drink preparation or the storage of utensils. A food
16 employee may refill a beverage glass in the outdoor dining area from a
17 pitcher or other container;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06812-07-5
A. 5956--C 2
1 (d) food and water provided to companion dogs shall only be in
2 single-use disposable containers;
3 (e) food employees are prohibited from having direct contact with
4 companion dogs while on duty. A food employee who does have such prohib-
5 ited direct contact shall wash his or her hands as required by law;
6 (f) the outdoor dining area is maintained clean. Surfaces that have
7 been contaminated by dog excrement or other bodily fluids shall be
8 cleaned and sanitized;
9 (g) the companion dog is on a leash or confined in a pet carrier and
10 is under the control of the companion dog owner;
11 (h) there is reasonable signage indicating that companion dogs are
12 allowed in the outdoor dining area or a designated portion of it. The
13 signage shall state that restrictions on companion dogs do not apply to
14 guide, hearing or service animals;
15 (i) the food facility owner ensures compliance with local ordinances
16 related to sidewalks, public nuisance and sanitation; and
17 (j) such other control measures approved by the enforcement agency are
18 complied with.
19 2. This section shall not impair or diminish the right of an individ-
20 ual to be accompanied by an animal where otherwise permitted by law,
21 including but not limited to the rights of people with disabilities
22 using guide, hearing or service animals.
23 3. For purposes of this section:
24 (a) "Food service establishment" shall mean any business which has
25 areas, including outdoor seating areas, in which food is sold for
26 on-premises consumption.
27 (b) "Companion dog" shall mean a domesticated dog accompanying an
28 individual or owner for the purpose of companionship or convenience of
29 such individual or owner, and shall not include guide, hearing or
30 service dogs.
31 § 2. This act shall take effect immediately.
