LEGISLATURE BARKS TWICE TO PASS DINING WITH DOGS BILL

Coffee for me. Champagne for my furry friend…Photo by Jeffrey Wade.

A bill allowing dog owners to dine with their pooches at outdoor tables has passed both the state assembly and state senate and is now sitting on the governor’s desk awaiting his signature to become law. In the meantime, we’ve already seen several customers dining with their pooches in just the past few days.

The man above was sitting last week outside French Roast Cafe at 85th street and Broadway. The new law, championed by local State Assemblyman Linda Rosenthal, would allow dogs onto outdoor patios or sidewalk cafes if the restaurant operator approves and the dogs are on a leash, among other conditions.

Some locals are clearly excited. “We will definitely bring Gumbo to the outdoor sections of dog friendly restaurants. She is part of our family,” wrote Rob Polishook, the owner of Gumbo, pictured below. “In Europe, California, and other states dogs are welcome. I never heard of anyone getting sick from a dog. Humans maybe but not dogs!”

Check out the full text of the bill below. We promise to bark once when it’s signed.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEMBLY, 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.

Rob asks: ”Would you turn this dog down?”

Note: The dog at the top of this post may be a service animal, which would mean it is already allowed to dine with its owner.