Bill Text: NY A05956 | 2015-2016 | General Assembly | Amended
Bill Title: Allows companion dogs at food service establishments in outdoor dining areas in certain conditions.
Spectrum: Moderate Partisan Bill (Democrat 21-3)
Status: (Introduced - Dead) 2015-06-16 - substituted by s4327a [A05956 Detail]
Download: New_York-2015-A05956-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5956--C 2015-2016 Regular Sessions I N A S S E M B L Y 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 S 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 S 2. This act shall take effect immediately.