NY State Senate Bill S4327A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	signed chap.402
Oct 14, 2015	delivered to governor
Jun 16, 2015	returned to senate passed assembly ordered to third reading rules cal.356 substituted for a5956c
Jun 15, 2015	referred to health returned to assembly repassed senate
Jun 09, 2015	amended on third reading 4327a
Jun 09, 2015	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 13, 2015	referred to health delivered to assembly passed senate
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.396
Mar 13, 2015	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4327 - Details

See Assembly Version of this Bill:: A5956
Law Section:: Public Health Law
Laws Affected:: Add §1352-e, Pub Health L

S4327 - Summary

Allows companion dogs at food service establishments in outdoor dining areas in certain conditions.

S4327 - Sponsor Memo

BILL NUMBER:S4327

TITLE OF BILL:  An act to amend the public health law, in relation to
outdoor seating areas at food service establishments

PURPOSE:  To authorize food service establishments that so choose to
permit customers to bring their pet dogs into outdoor dining areas of
the facility.

SUMMARY OF PROVISIONS:

Section one adds a new Public Health Law § 1352-e to provide that pet
dogs may be allowed in an outdoor area of a food service establishment
if the owner of the establishment elects to allow them.  Pet dogs will
only be permitted in an outdoor area of a food service establishment if
certain conditions are met ensuring contamination of food, utensils or
equipment cannot result.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:  With a large percentage of New Yorkers being dog owners,
many restaurant owners wish to accommodate customers with canine compan-
ions but are currently prohibited from doing so by the state health
code. Restaurants who wish to permit dogs accompanying their owners in
outdoor dining areas risk non-issuance, suspension or forfeiture to
their license to operate.

According to a 2013 study published in the Journal of Environmental
Health, entitled Public Health Implications of Animals in Retail Food
Outlets, the overall public health risk of pet dogs in outdoor dining
areas is very low as long as safety, sanitation and hygiene practices
are enforced. Social Compassion in Legislation, non-profit organization
focused on protecting animals, was successful in passing similar legis-
lation in California with overwhelming support. This legislation will
provide restaurant owners with choice, provide consumers with the
option, boost business revenue and ensure safety standards are followed.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S4327 - Bill Text download pdf

                    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:

  Section 1. The public health law is amended by adding  a  new  section
1352-e to read as follows:
  S  1352-E.  LIVE  ANIMALS AT FOOD SERVICE ESTABLISHMENTS. 1. EXCEPT AS
AUTHORIZED IN THIS SECTION, OR AS OTHERWISE EXPRESSLY PERMITTED BY  LAW,
LIVE  ANIMALS  SHALL  NOT BE ALLOWED IN A FOOD SERVICE ESTABLISHMENT, AS
DEFINED IN THE STATE SANITARY CODE.
  2. PET DOGS UNDER THE CONTROL OF A PERSON MAY BE ALLOWED IN AN OUTDOOR
DINING AREA AT A FOOD SERVICE ESTABLISHMENT  IF  ALL  OF  THE  FOLLOWING
CONDITIONS ARE SATISFIED:
  (A)  THE  OWNER  OF  THE FOOD FACILITY ELECTS TO ALLOW PET DOGS IN ITS
OUTDOOR DINING AREA;
  (B) A SEPARATE OUTDOOR ENTRANCE IS PRESENT WHERE PET DOGS ENTER  WITH-
OUT  GOING  THROUGH  THE  FOOD ESTABLISHMENT TO REACH THE OUTDOOR DINING
AREA AND PET DOGS ARE NOT ALLOWED ON CHAIRS,  BENCHES,  SEATS  OR  OTHER
FIXTURES;
  (C)  THE OUTDOOR DINING AREA IS NOT USED FOR FOOD OR DRINK PREPARATION
OR THE STORAGE OF UTENSILS. A FOOD EMPLOYEE MAY REFILL A BEVERAGE  GLASS
IN THE OUTDOOR DINING AREA FROM A PITCHER OR OTHER CONTAINER;
  (D)  FOOD  AND  WATER PROVIDED TO PET DOGS SHALL ONLY BE IN SINGLE-USE
DISPOSABLE CONTAINERS;
  (E) FOOD EMPLOYEES ARE PROHIBITED FROM HAVING DIRECT CONTACT WITH  PET
DOGS WHILE ON DUTY. A FOOD EMPLOYEE WHO DOES HAVE SUCH PROHIBITED DIRECT
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

  (F)  THE  OUTDOOR  DINING AREA IS MAINTAINED CLEAN. SURFACES THAT HAVE
BEEN CONTAMINATED BY DOG EXCREMENT  OR  OTHER  BODILY  FLUIDS  SHALL  BE
CLEANED AND SANITIZED;
  (G)  THE  PET  DOG  IS  ON A LEASH OR CONFINED IN A PET CARRIER AND IS
UNDER THE CONTROL OF THE PET DOG OWNER;
  (H) THE FOOD FACILITY OWNER ENSURES COMPLIANCE WITH  LOCAL  ORDINANCES
RELATED TO SIDEWALKS, PUBLIC NUISANCE AND SANITATION; AND
  (I) SUCH OTHER CONTROL MEASURES APPROVED BY THE ENFORCEMENT AGENCY ARE
COMPLIED WITH.
  S 2. This act shall take effect immediately.

Co-Sponsors

S4327A (ACTIVE) - Details

See Assembly Version of this Bill:: A5956
Law Section:: Public Health Law
Laws Affected:: Add §1352-e, Pub Health L

S4327A (ACTIVE) - Summary

Allows companion dogs at food service establishments in outdoor dining areas in certain conditions.

S4327A (ACTIVE) - Sponsor Memo

BILL NUMBER:S4327A

TITLE OF BILL:  An act to amend the public health law, in relation to
outdoor seating areas at food service establishments

PURPOSE:  To authorize food service establishments that so choose to
permit customers to bring their pet dogs into outdoor dining areas of
the facility.

SUMMARY OF PROVISIONS:

Section one adds a new Public Health Law § 1352-e to provide that pet
dogs may be allowed in an outdoor area of a food service establishment
if the owner of the establishment elects to allow them.  Pet dogs will
only be permitted in an outdoor area of a food service establishment
if certain conditions are met ensuring contamination of food, utensils
or equipment cannot result.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:  With a large percentage of New Yorkers being dog
owners, many restaurant owners wish to accommodate customers with
canine companions but are currently prohibited from doing so by the
state health code. Restaurants who wish to permit dogs accompanying
their owners in outdoor dining areas risk non-issuance, suspension or
forfeiture to their license to operate.

According to a 2013 study published in the Journal of Environmental
Health, entitled Public Health Implications of Animals in Retail Food
Outlets, the overall public health risk of pet dogs in outdoor dining
areas is very low as long as safety, sanitation and hygiene practices
are enforced. Social Compassion in Legislation, non-profit
organization focused on protecting animals, was successful in passing
similar legislation in California with overwhelming support. This
legislation will provide restaurant owners with choice, provide
consumers with the option, boost business revenue and ensure safety
standards are followed.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S4327A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4327--A
    Cal. No. 396

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 13, 2015
                               ___________

Introduced  by  Sens. HANNON, VALESKY -- read twice and ordered printed,
  and when printed to  be  committed  to  the  Committee  on  Health  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading, passed by Senate and delivered  to
  the  Assembly, recalled, vote reconsidered, restored to third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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:

  Section  1.  The  public health law is amended by adding a new section
1352-e to read as follows:
  S 1352-E. COMPANION DOGS AT FOOD SERVICE ESTABLISHMENTS. 1.  COMPANION
DOGS UNDER THE CONTROL OF A PERSON MAY BE ALLOWED IN AN  OUTDOOR  DINING
AREA  AT A FOOD SERVICE ESTABLISHMENT IF ALL OF THE FOLLOWING CONDITIONS
ARE SATISFIED:
  (A) THE OWNER OF THE FOOD FACILITY ELECTS TO ALLOW COMPANION  DOGS  IN
ITS  OUTDOOR  DINING  AREA OR A DESIGNATED PORTION OF IT, AND SUBJECT TO
ANY RESTRICTIONS THAT THE OWNER OF THE FACILITY MAY ESTABLISH;
  (B) A SEPARATE OUTDOOR ENTRANCE IS PRESENT WHERE COMPANION DOGS  ENTER
WITHOUT GOING THROUGH THE FOOD ESTABLISHMENT TO REACH THE OUTDOOR DINING
AREA  AND  COMPANION  DOGS  ARE NOT ALLOWED ON CHAIRS, BENCHES, SEATS OR
OTHER FIXTURES;
  (C) THE OUTDOOR DINING AREA IN WHICH COMPANION DOGS ARE ALLOWED IS NOT
USED FOR FOOD OR DRINK PREPARATION OR THE STORAGE OF  UTENSILS.  A  FOOD
EMPLOYEE  MAY  REFILL A BEVERAGE GLASS IN THE OUTDOOR DINING AREA FROM A
PITCHER OR OTHER CONTAINER;
  (D) FOOD AND WATER  PROVIDED  TO  COMPANION  DOGS  SHALL  ONLY  BE  IN
SINGLE-USE DISPOSABLE CONTAINERS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09884-05-5

S. 4327--A                          2

  (E)  FOOD  EMPLOYEES  ARE  PROHIBITED  FROM HAVING DIRECT CONTACT WITH
COMPANION DOGS WHILE ON DUTY. A FOOD EMPLOYEE WHO DOES HAVE SUCH PROHIB-
ITED DIRECT CONTACT SHALL WASH HIS OR HER HANDS AS REQUIRED BY LAW;
  (F)  THE  OUTDOOR  DINING AREA IS MAINTAINED CLEAN. SURFACES THAT HAVE
BEEN CONTAMINATED BY DOG EXCREMENT  OR  OTHER  BODILY  FLUIDS  SHALL  BE
CLEANED AND SANITIZED;
  (G)  THE  COMPANION DOG IS ON A LEASH OR CONFINED IN A PET CARRIER AND
IS UNDER THE CONTROL OF THE COMPANION DOG OWNER;
  (H) THERE IS REASONABLE SIGNAGE INDICATING  THAT  COMPANION  DOGS  ARE
ALLOWED  IN  THE OUTDOOR DINING AREA OR A DESIGNATED PORTION OF IT.  THE
SIGNAGE SHALL STATE THAT RESTRICTIONS ON COMPANION DOGS DO NOT APPLY  TO
GUIDE, HEARING OR SERVICE ANIMALS;
  (I)  THE  FOOD FACILITY OWNER ENSURES COMPLIANCE WITH LOCAL ORDINANCES
RELATED TO SIDEWALKS, PUBLIC NUISANCE AND SANITATION; AND
  (J) SUCH OTHER CONTROL MEASURES APPROVED BY THE ENFORCEMENT AGENCY ARE
COMPLIED WITH.
  2. THIS SECTION SHALL NOT IMPAIR OR DIMINISH THE RIGHT OF AN  INDIVID-
UAL  TO  BE  ACCOMPANIED  BY AN ANIMAL WHERE OTHERWISE PERMITTED BY LAW,
INCLUDING BUT NOT LIMITED TO THE  RIGHTS  OF  PEOPLE  WITH  DISABILITIES
USING GUIDE, HEARING OR SERVICE ANIMALS.
  3. FOR PURPOSES OF THIS SECTION:
  (A)  "FOOD  SERVICE  ESTABLISHMENT"  SHALL MEAN ANY BUSINESS WHICH HAS
AREAS, INCLUDING OUTDOOR SEATING  AREAS,  IN  WHICH  FOOD  IS  SOLD  FOR
ON-PREMISES CONSUMPTION.
  (B)  "COMPANION  DOG"  SHALL  MEAN  A DOMESTICATED DOG ACCOMPANYING AN
INDIVIDUAL OR OWNER FOR THE PURPOSE OF COMPANIONSHIP OR  CONVENIENCE  OF
SUCH  INDIVIDUAL  OR  OWNER,  AND  SHALL  NOT  INCLUDE GUIDE, HEARING OR
SERVICE DOGS.
  S 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S4327A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 13, 2015 - floor Vote

Floor Vote: May 13, 2015

Apr 22, 2015 - Health committee Vote

Committee Vote: Apr 22, 2015

Bill Amendments

Co-Sponsors

S4327 - Details

S4327 - Summary

S4327 - Sponsor Memo

S4327 - Bill Text download pdf

Co-Sponsors

S4327A (ACTIVE) - Details

S4327A (ACTIVE) - Summary

S4327A (ACTIVE) - Sponsor Memo

S4327A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4327A

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 13, 2015 - floor Vote

Floor Vote: May 13, 2015

Apr 22, 2015 - Health committee Vote

Committee Vote: Apr 22, 2015

Bill Amendments

Co-Sponsors

David J. Valesky

S4327 - Details

S4327 - Summary

S4327 - Sponsor Memo

S4327 - Bill Text download pdf

Co-Sponsors

David J. Valesky

S4327A (ACTIVE) - Details

S4327A (ACTIVE) - Summary

S4327A (ACTIVE) - Sponsor Memo

S4327A (ACTIVE) - Bill Text download pdf

Comments