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

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: Bipartisan Bill

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

Download: New_York-2015-S04327-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4327
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 13, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       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.  LIVE  ANIMALS AT FOOD SERVICE ESTABLISHMENTS. 1. EXCEPT AS
    4  AUTHORIZED IN THIS SECTION, OR AS OTHERWISE EXPRESSLY PERMITTED BY  LAW,
    5  LIVE  ANIMALS  SHALL  NOT BE ALLOWED IN A FOOD SERVICE ESTABLISHMENT, AS
    6  DEFINED IN THE STATE SANITARY CODE.
    7    2. PET DOGS UNDER THE CONTROL OF A PERSON MAY BE ALLOWED IN AN OUTDOOR
    8  DINING AREA AT A FOOD SERVICE ESTABLISHMENT  IF  ALL  OF  THE  FOLLOWING
    9  CONDITIONS ARE SATISFIED:
   10    (A)  THE  OWNER  OF  THE FOOD FACILITY ELECTS TO ALLOW PET DOGS IN ITS
   11  OUTDOOR DINING AREA;
   12    (B) A SEPARATE OUTDOOR ENTRANCE IS PRESENT WHERE PET DOGS ENTER  WITH-
   13  OUT  GOING  THROUGH  THE  FOOD ESTABLISHMENT TO REACH THE OUTDOOR DINING
   14  AREA AND PET DOGS ARE NOT ALLOWED ON CHAIRS,  BENCHES,  SEATS  OR  OTHER
   15  FIXTURES;
   16    (C)  THE OUTDOOR DINING AREA IS NOT USED FOR FOOD OR DRINK PREPARATION
   17  OR THE STORAGE OF UTENSILS. A FOOD EMPLOYEE MAY REFILL A BEVERAGE  GLASS
   18  IN THE OUTDOOR DINING AREA FROM A PITCHER OR OTHER CONTAINER;
   19    (D)  FOOD  AND  WATER PROVIDED TO PET DOGS SHALL ONLY BE IN SINGLE-USE
   20  DISPOSABLE CONTAINERS;
   21    (E) FOOD EMPLOYEES ARE PROHIBITED FROM HAVING DIRECT CONTACT WITH  PET
   22  DOGS WHILE ON DUTY. A FOOD EMPLOYEE WHO DOES HAVE SUCH PROHIBITED DIRECT
   23  CONTACT SHALL WASH HIS OR HER HANDS AS REQUIRED BY LAW;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09884-01-5
       S. 4327                             2
    1    (F)  THE  OUTDOOR  DINING AREA IS MAINTAINED CLEAN. SURFACES THAT HAVE
    2  BEEN CONTAMINATED BY DOG EXCREMENT  OR  OTHER  BODILY  FLUIDS  SHALL  BE
    3  CLEANED AND SANITIZED;
    4    (G)  THE  PET  DOG  IS  ON A LEASH OR CONFINED IN A PET CARRIER AND IS
    5  UNDER THE CONTROL OF THE PET DOG OWNER;
    6    (H) THE FOOD FACILITY OWNER ENSURES COMPLIANCE WITH  LOCAL  ORDINANCES
    7  RELATED TO SIDEWALKS, PUBLIC NUISANCE AND SANITATION; AND
    8    (I) SUCH OTHER CONTROL MEASURES APPROVED BY THE ENFORCEMENT AGENCY ARE
    9  COMPLIED WITH.
   10    S 2. This act shall take effect immediately.