Dogs Out To Dine
It is that time of year when New York dog owners want to take their dogs out to eat. Fun for people with well-behaved dogs, and trouble for restaurant owners that have to balance the health department laws and the will of the guests. In New York, the laws regarding dogs in restaurants are governed by both state and local regulations.
Some key points:
dogs must enter the outdoor area without first going inside the restaurant.
other guests must have an alternate way into the outdoor area than the one used by dogs with their owners.
water bowls for dogs must be filled with water from a different pitcher of water than the pitcher used to fill water glasses on the table.
staff may not touch the pet while working, if they do, they MUST wash hands before going back to work.
dogs must be on a leash at all times and under control of their owners.
dogs are not allowed on chairs and tables, including the lap of the guest.
if a dog makes a mess in the dining area, the area must be cleaned and sanitized immediately.
enforcement is handled by the Health Department.
Section 1352-e of Public Health Law further outlines all the regulations a restaurant owner must abide by. Dog owners be aware that restaurant owners have rules and regulations to follow when it comes to your dog, please understand.
Service Animals and Emotional Support Animals:
Service Animals: Under the Americans with Disabilities Act (ADA), service animals are allowed in all areas of public accommodation, including the indoor and outdoor dining areas of restaurants. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. The ADA overrides state and local laws regarding service animals, ensuring their access to restaurants.
Emotional Support Animals: Emotional support animals do not have the same access rights as service animals and are subject to the restaurant's policies and state/local regulations.
It is my advice that a restaurant owner have a written policy regarding dogs (or other animals). Make sure the staff is fully aware of policy and procedures. Post dog (pet) policies for guests to see on the website, social media, and in the restaurant.
Contact me if your restaurant, hotel, winery or other outdoor food and beverage space needs help with drafting policies and compliance issues.
Beth Ann Bentley
bethhann@babentleylaw.com