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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--B
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  M. of A. ROSENTHAL, GLICK -- 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
       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;
   18    (D)  FOOD  AND  WATER  PROVIDED  TO  COMPANION  DOGS  SHALL ONLY BE IN
   19  SINGLE-USE DISPOSABLE CONTAINERS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06812-04-5
       A. 5956--B                          2
    1    (E) FOOD EMPLOYEES ARE PROHIBITED  FROM  HAVING  DIRECT  CONTACT  WITH
    2  COMPANION DOGS WHILE ON DUTY. A FOOD EMPLOYEE WHO DOES HAVE SUCH PROHIB-
    3  ITED DIRECT CONTACT SHALL WASH HIS OR HER HANDS AS REQUIRED BY LAW;
    4    (F)  THE  OUTDOOR  DINING AREA IS MAINTAINED CLEAN. SURFACES THAT HAVE
    5  BEEN CONTAMINATED BY DOG EXCREMENT  OR  OTHER  BODILY  FLUIDS  SHALL  BE
    6  CLEANED AND SANITIZED;
    7    (G)  THE  COMPANION DOG IS ON A LEASH OR CONFINED IN A PET CARRIER AND
    8  IS UNDER THE CONTROL OF THE COMPANION DOG OWNER;
    9    (H) THERE IS REASONABLE SIGNAGE INDICATING  THAT  COMPANION  DOGS  ARE
   10  ALLOWED IN THE OUTDOOR DINING AREA OR A DESIGNATED PORTION OF IT;
   11    (I)  THE  FOOD FACILITY OWNER ENSURES COMPLIANCE WITH LOCAL ORDINANCES
   12  RELATED TO SIDEWALKS, PUBLIC NUISANCE AND SANITATION; AND
   13    (J) SUCH OTHER CONTROL MEASURES APPROVED BY THE ENFORCEMENT AGENCY ARE
   14  COMPLIED WITH.
   15    2. THIS SECTION SHALL NOT IMPAIR OR DIMINISH THE RIGHT OF AN  INDIVID-
   16  UAL TO BE ACCOMPANIED BY AN ANIMAL WHERE EXPRESSLY PERMITTED BY LAW.
   17    S 2. This act shall take effect immediately.