Bill Text: NY S04327 | 2015-2016 | General Assembly | Amended

---

Bill Title: Allows companion dogs at food service establishments in outdoor dining areas in certain conditions.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-10-26 - SIGNED CHAP.402 [S04327 Detail]

Download: New_York-2015-S04327-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4327--A
           Cal. No. 396
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 13, 2015
                                      ___________
       Introduced  by  Sens. HANNON, VALESKY -- read twice and ordered printed,
         and when printed to  be  committed  to  the  Committee  on  Health  --
         reported  favorably  from  said committee, ordered to first and second
         report, ordered to a third reading, passed by Senate and delivered  to
         the  Assembly, recalled, vote reconsidered, restored to third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       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.
                                                                  LBD09884-05-5
       S. 4327--A                          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.  THE
   11  SIGNAGE SHALL STATE THAT RESTRICTIONS ON COMPANION DOGS DO NOT APPLY  TO
   12  GUIDE, HEARING OR SERVICE ANIMALS;
   13    (I)  THE  FOOD FACILITY OWNER ENSURES COMPLIANCE WITH LOCAL ORDINANCES
   14  RELATED TO SIDEWALKS, PUBLIC NUISANCE AND SANITATION; AND
   15    (J) SUCH OTHER CONTROL MEASURES APPROVED BY THE ENFORCEMENT AGENCY ARE
   16  COMPLIED WITH.
   17    2. THIS SECTION SHALL NOT IMPAIR OR DIMINISH THE RIGHT OF AN  INDIVID-
   18  UAL  TO  BE  ACCOMPANIED  BY AN ANIMAL WHERE OTHERWISE PERMITTED BY LAW,
   19  INCLUDING BUT NOT LIMITED TO THE  RIGHTS  OF  PEOPLE  WITH  DISABILITIES
   20  USING GUIDE, HEARING OR SERVICE ANIMALS.
   21    3. FOR PURPOSES OF THIS SECTION:
   22    (A)  "FOOD  SERVICE  ESTABLISHMENT"  SHALL MEAN ANY BUSINESS WHICH HAS
   23  AREAS, INCLUDING OUTDOOR SEATING  AREAS,  IN  WHICH  FOOD  IS  SOLD  FOR
   24  ON-PREMISES CONSUMPTION.
   25    (B)  "COMPANION  DOG"  SHALL  MEAN  A DOMESTICATED DOG ACCOMPANYING AN
   26  INDIVIDUAL OR OWNER FOR THE PURPOSE OF COMPANIONSHIP OR  CONVENIENCE  OF
   27  SUCH  INDIVIDUAL  OR  OWNER,  AND  SHALL  NOT  INCLUDE GUIDE, HEARING OR
   28  SERVICE DOGS.
   29    S 2. This act shall take effect immediately.