1 HB235
2 197877-8
3 By Representative McMillan
4 RFD: County and Municipal Government
5 First Read: 02-FEB-21
6 PFD: 02/01/2021
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2 ENROLLED, An Act,
3 Relating to pet dogs; to permit a pet dog in an
4 outdoor dining area of a food service establishment under
5 certain conditions.
6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7 Section 1. (a) A pet dog that is under the control
8 of a person shall be permitted in an outdoor dining area of a
9 food service establishment if all of the following conditions
10 are met:
11 (1) The owner of the food service establishment
12 elects to allow pet dogs in its outdoor dining area. To
13 evidence this election, the owner of the food service facility
14 shall file for a waiver with the State Health Department
15 stating they will adhere to the prescribed rules.
16 (2) A separate outdoor entrance is present where the
17 pet dog can enter without going through the food service
18 establishment to reach the outdoor dining area.
19 (3) A prominent sign is displayed sufficient to put
20 the public on notice that the designated outdoor dining area
21 is available for the use of patrons with pet dogs.
22 (4) A pet dog is not allowed on the chairs, benches,
23 seats, or other fixtures in the outdoor dining area of the
24 food service establishment.
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1 (5) The outdoor dining area is not used for food
2 preparation or the storage of utensils.
3 (6) The designated outdoor dining area where pet
4 dogs are allowed is at least 12 feet away from any bar or area
5 where beverages are prepared.
6 (7) A food service establishment employee refills
7 beverages from a pitcher or other container at the table in
8 the outdoor dining area where pet dogs are allowed.
9 (8) The outdoor dining area is well maintained, kept
10 clean, and all surfaces that have been contaminated by pet dog
11 excrement or other pet dog bodily fluids are properly cleaned
12 and sanitized.
13 (9) The pet dog is kept on a leash or confined in a
14 pet carrier at all times and is kept under the control of the
15 person possessing the pet dog.
16 (10) The food service establishment ensures it is in
17 compliance with all local ordinances related to sidewalks,
18 public nuisances, and sanitation.
19 (b)(1) A food service establishment employee is
20 prohibited from having direct contact with a pet dog in the
21 outdoor dining area while on duty.
22 (2) A food service establishment employee who
23 violates subdivision (1) shall wash his or her hands as
24 required by food safety regulations.
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1 (c) The owner of a pet dog is liable for any damages
2 to the property of the food service establishment by the pet
3 dog.
4 (d) All live animals are prohibited from being
5 inside a food service establishment, except as provided by the
6 applicable regulations of the federal Food and Drug
7 Administration, and except as follows:
8 (1) Service dogs which are individually trained to
9 provide assistance to an individual with a disability.
10 (2) Dogs under the control of a uniformed law
11 enforcement officer acting within the course and scope of his
12 or her duties.
13 (e) Emotional support animals are not service dogs
14 within the meaning of the Americans with Disabilities Act and
15 are therefore expressly prohibited from being inside a food
16 service establishment.
17 Section 2. (a) A state or local health department
18 may not prohibit the serving of wine or beer, including draft
19 beer, in a food service establishment that allows pet dogs in
20 accordance with Section 1 or a dog park if the establishment
21 or dog park otherwise meets the requirements for having a
22 retail license to serve wine or beer for on-premises
23 consumption.
24 (b) For purposes of this section, dog park means an
25 enclosed area used primarily for dogs to play off-leash in a
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1 controlled environment under the supervision of the dog's
2 owner and authorized to operate under existing laws.
3 Section 3. This act shall become effective on the
4 first day of the third month following its passage and
5 approval by the Governor, or its otherwise becoming law.
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2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 25-FEB-21.
10
11 Jeff Woodard
12 Clerk
13
14
15
16 Senate 17-MAY-21 Passed
17
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