Bill Text: HI HB389 | 2016 | Regular Session | Introduced

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Bill Title: Restaurants; Bars; Dogs

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB389 Detail]

Download: Hawaii-2016-HB389-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	389
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to dogs in restaurants and bars.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  According to a study by the Hawaiian Humane Society, pet owner households comprise 58 per cent of all households on Oahu, which is nearly 16 per cent greater than the national average.

     A study at the University of Cambridge found that pet owners experienced fewer ailments and their overall well-being was improved; these health benefits appeared to be linked to pet ownership.  Documented health benefits of owning a pet, particularly a dog, include reduced blood pressure, anxiety, and stress; alleviation of depression; elevation of mood; and reduced loneliness, all of which can result in fewer visits to a physician.

     Additional benefits to owning a pet include an increased sense of responsibility, which provides pet owners with concomitant mental and emotional stability, improved fitness, and the psychological benefits to being in an outdoor environment.

     Many pet owners are separated from their companion dogs for over eight hours a day.  This does not include additional separation time due to commuting to and from work, completing personal errands, and other situations when a pet owner must complete tasks outside of the home.  This separation from the pet owner has been known to cause separation anxiety in domesticated pets, with many dogs experiencing severe to moderate separation anxiety in the absence of their owner.

     Allowing pet owners to be accompanied by their dogs while patronizing restaurants and bars will serve to increase all the proven benefits associated with pet ownership, as well as reduce the effects of separation experienced by animal companions.

     The purpose of this Act is to allow restaurant and bar owners and managers, at their discretion, to permit dogs inside a restaurant or bar, subject to certain conditions.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-    Dogs allowed in restaurants and bars.  (a)  Notwithstanding any law or rule to the contrary, except as provided in subsections (g) and (h), at the discretion of the owner or manager of a restaurant or bar, a restaurant or bar patron may bring a dog into the restaurant or bar under the following conditions:

     (1)  The dog shall be under the control of the patron at all times, on a leash that is tied or fastened to keep the dog within two feet of the patron;

     (2)  The dog shall remain at the patron's seating area and on the floor;

     (3)  The dog shall not interfere with the activities of the restaurant or bar's employees, shall not obstruct any pathways, and shall not enter any food preparation areas;

     (4)  The dog shall not relieve itself within the restaurant or bar, bark, or otherwise disturb other patrons; and

     (5)  The dog and patron shall abide by any other conditions that the owner or manager of the restaurant or bar may impose.

     (b)  A restaurant or bar that permits dogs shall have safety and sanitation control procedures in effect to:

     (1)  Immediately clean any animal feces, urine, waste, saliva, vomitus, or other animal fluids, and properly disinfect contaminated areas; and

     (2)  Prevent animal waste from entering food preparation areas.

     (c)  A restaurant or bar that permits dogs shall prominently post at each entrance a sign displaying the message, "Dogs are allowed in this establishment."  The restaurant or bar shall post, adjacent to that sign, a list of all conditions contained in subsection (a) and a clear description of any additional conditions imposed by the owner or manager on dogs present in the restaurant or bar.

     (d)  If any of the conditions in subsection (a) are not met, the owner or manager of the restaurant or bar may require the patron to remove the dog from the premises.

     (e)  A patron who brings a dog into a restaurant or bar, and the dog's owner if the owner is not the patron, shall be liable for any and all property damage and personal injury that the dog my cause while in the restaurant or bar.

     (f)  For purposes of this section:

     "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars.

     "Restaurant" means any place where food is served or provided to the public at a charge, including outdoor seating areas, regardless of whether the food is consumed on or off the premises.

     (g)  If any provisions of this section conflict with federal law governing service animals, federal law shall prevail.

     (h)  Nothing in this section shall diminish the rights of persons with disabilities to request and obtain reasonable accommodations under chapter 489."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Restaurants; Bars; Dogs

 

Description:

Authorizes restaurant and bar owners and managers, at their discretion, to permit dogs inside a restaurant or bar, subject to certain conditions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.