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SF 3697

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 03:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; permitting local ordinances to be adopted to allow dogs within
designated indoor areas of food and beverage service establishments; amending
Minnesota Statutes 2018, section 157.175.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 157.175, is amended to read:


157.175 DOGS; deleted text beginOUTDOORdeleted text end FOOD AND BEVERAGE SERVICE
ESTABLISHMENTS.

Subdivision 1.

Municipal authorization.

A statutory or home rule charter city may
adopt an ordinance to permit food and beverage service establishments to allow dogs to
accompany persons patronizing designated deleted text beginoutdoordeleted text end areas of food and beverage
establishments.

Subd. 2.

Dangerous and potentially dangerous dogs.

The ordinance must prohibit
dangerous and potentially dangerous dogs, as defined in section 347.50, from accompanying
patrons to food and beverage establishments.

Subd. 3.

Banning dogs.

The ordinance may not prohibit a food and beverage
establishment from banning dogs. A person accompanied by a dog who remains at an
establishment knowing that the operator of the establishment or its agent has posted a sign
banning dogs or otherwise informed the person that dogs are not permitted in the
establishment may be ordered to leave the premises.

Subd. 4.

Permit process.

(a) The ordinance must require participating establishments
to apply for and receive a permit from the city before allowing patrons' dogs on their
premises. The city shall require from the applicant such information as the local government
deems reasonably necessary, but shall require, at a minimum, the following information:

(1) the name, location, and mailing address of the establishment;

(2) the name, mailing address, and telephone contact information of the permit applicant;

(3) a description of the designated deleted text beginoutdoordeleted text end areas in which the permit applicant intends
to allow dogs; and

(4) a description of the days of the week and hours of operation that patrons' dogs will
be permitted in the designated deleted text beginoutdoordeleted text end areas.

(b) A permit issued pursuant to the authority granted in this section must not be transferred
to a subsequent owner upon the sale of a food and beverage establishment but must expire
automatically upon the sale of the establishment. The subsequent owner shall be required
to reapply for a permit pursuant to this section if the subsequent owner wishes to continue
to accommodate patrons' dogs.

(c) A city may incorporate the permit requirements of this section into a permit or license
issued under an existing ordinance if the city ensures that current and future permit and
license holders comply with the requirements of this section. A city may exempt current
permit and license holders from reapplying for a permit, if the current permit or license
holder provides the city with the information required in paragraph (a) and any other
information that the city requests.

new text begin (d) A city may require an establishment to submit a plan to the city describing proposed
provisions for security, staffing, animal care and control, health and sanitation, and physical
layout of the proposed area.
new text end

Subd. 5.

Minimum requirementsnew text begin for indoor and outdoor areasnew text end.

The ordinance must
include such regulations and limitations as the local government deems reasonably necessary
to protect the health, safety, and general welfare of the public, but must require, at a
minimum, the following requirements, which must be clearly printed on a sign or signs
posted on premises in a manner and place that are conspicuous to employees and patrons:

(1) employees must be prohibited from touching, petting, or otherwise handling dogsnew text begin,
except for employees that do not participate in any food or beverage handling, preparation,
or service
new text end;

(2) employees and patrons must not allow dogs to come into contact with serving dishes,
utensils, tableware, linens, paper products, or any other items involved in food service
operations;

deleted text begin (3) patrons must keep their dogs on a leash at all times and must keep their dogs under
reasonable control;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end dogs must not be allowed on chairs, tables, or other furnishings; and

deleted text begin (5)deleted text endnew text begin (4)new text end dog waste must be cleaned immediately and the area sanitized.

new text begin Subd. 5a. new text end

new text begin Additional minimum requirements for designated outdoor areas. new text end

new text begin In
addition to the minimum requirements in subdivision 5, patrons must keep their dogs on a
leash at all times when in the designated outdoor area and must keep their dogs under
responsible control.
new text end

new text begin Subd. 5b. new text end

new text begin Minimum requirements for designated indoor areas. new text end

new text begin In addition to the
minimum requirements in subdivision 5, the following requirements apply to designated
indoor areas:
new text end

new text begin (1) the designated indoor area must be a contiguous area of at least 500 square feet in
which no food or beverage service or preparation takes place;
new text end

new text begin (2) no table seating or service may be provided for patrons in the designated indoor area,
except that patrons may be permitted to consume beverages, including alcohol, if the alcohol
has been legally purchased from the establishment;
new text end

new text begin (3) the designated indoor area must be staffed and monitored at any time dogs are present
by employees that do not participate in any food or beverage handling, preparation, or
service;
new text end

new text begin (4) dogs may be off-leash while in the designated indoor area provided that the area is
secure and dogs cannot exit the designated indoor area unless leashed;
new text end

new text begin (5) dogs may not be present in any other indoor area of the establishment except for the
purpose of being transported directly, while on a leash, between the entry or exit of the
establishment and the designated indoor area; and
new text end

new text begin (6) the establishment must apply for, obtain, and maintain any applicable animal care
license as determined by the city or the animal care and control authority of the jurisdiction.
new text end

Subd. 6.

Service animals.

Nothing in this statute, or an ordinance adopted pursuant to
this statute, shall be construed to limit:

(1) the right of a person with disabilities to access places of public accommodation while
accompanied by a service animal as provided in sections 256C.02 and 363A.19; or

(2) the lawful use of a service animal by a licensed peace officer.

Subd. 7.

Designated deleted text beginoutdoor areadeleted text endnew text begin areasnew text end.

The ordinance must include deleted text begina definition ofdeleted text endnew text begin
definitions for
new text end "designated outdoor area" new text beginand "designated indoor area" new text endthat deleted text beginisdeleted text end new text beginare new text endconsistent
with applicable rules adopted by the commissioner of health.