§ 25-4-1615. Pet Dogs in Retail Food Establishments – Prohibited – Exceptions

1. Except as specified in subsection (3) of this section, a person may have a pet dog in an outdoor dining area of a retail food establishment if:
   1. The retail food establishment elects to allow pet dogs in its outdoor dining area;
   2. A separate entrance is present through which the pet dog enters and exits the outdoor dining area without passing through the retail food establishment;
   3. The person does not allow the pet dog on chairs, benches, seats, or other furniture or fixtures;
   4. The outdoor dining area is not used for food or drink preparation; except that an employee of the retail food establishment may refill a beverage glass in the outdoor dining area from a pitcher or other container;
   5. The pet dog is on a leash or confined in a pet carrier and is under the control of a person;
   6. The licensee of the retail food establishment ensures compliance with local ordinances related to sidewalks, public nuisances, and sanitation; and
   7. The retail food establishment is in compliance with any other control measures approved by the county or district public health agency.
2. A person who brings a pet dog in an outdoor dining area in accordance with this section is responsible for the behavior of that pet dog.
3. 1. The governing body of a city, county, or city and county may prohibit the presence of pet dogs in outdoor dining areas of retail food establishments located within the governing body’s jurisdiction.
   2. A retail food establishment may elect not to allow pet dogs in its outdoor dining area.
4. Nothing in this section is intended to restrict the presence of a service animal, as defined in section 24-34-301 (6.5).

Source: L. 2020: Entire section added, (SB 20-078) ch. 66, p. 267, § 1, effective September 14.