Bill Text: NY A05956 | 2015-2016 | General Assembly | Amended

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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

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                           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.