HOUSE OF REPRESENTATIVES	H.B. NO.	254
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII		S.D. 1
		Proposed

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC ORDER.

 

 

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

 

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-    Dogs allowed in restaurants.  (a)  Notwithstanding any law or rule to the contrary, except as provided in subsections (g) and (h), at the discretion of the owner or manager of a restaurant, a restaurant patron may bring a dog into the restaurant under the following conditions:

     (1)  The dog shall be under the control of the patron at all times, on a leash that is tied or fastened to keep the dog within two feet of the patron;

     (2)  The dog shall remain at the patron's seating area and on the floor;

     (3)  The dog shall not interfere with the activities of the restaurant's employees, shall not obstruct any pathways, and shall not enter food preparation areas;

     (4)  The dog shall not relieve itself within the restaurant, bark, or otherwise disturb other patrons; and

     (5)  The dog and patron shall abide by any other conditions that the owner or manager of the restaurant may impose.

     (b)  A restaurant that permits dogs in the restaurant shall have safety and sanitation control procedures in effect to:

     (1)  Immediately clean any animal feces, urine, waste, saliva, vomitus, or other animal fluids, and properly disinfect contaminated areas and surfaces; and

     (2)  Prevent animal waste from entering food preparation areas.

     (c)  A restaurant that permits dogs in the restaurant shall post prominently at each entrance a sign displaying the message, "Dogs are allowed in this restaurant."  The restaurant shall post adjacent to that sign a list of all conditions contained in subsection (a) and a clear description of any additional conditions imposed on dogs present in the restaurant by the owner or manager of the restaurant.

     (d)  If any of the conditions in subsection (a) are not met, the owner or manager of the restaurant may require the patron to remove the dog from the restaurant.

     (e)  The restaurant patron who brings a dog into the restaurant, and the dog's owner if the owner is not the patron, shall be liable for any and all property damage and personal injury that the dog may cause while in the restaurant.

     (f)  For purposes of this section, the term "restaurant" means any place where food is served or provided to the public at a charge, including outdoor seating areas, regardless of whether the food is consumed on or off the premises.

     (g)  If any provisions of this section conflict with federal law governing service animals, the federal law shall prevail.

     (h)  Nothing in this section shall diminish the rights of persons with disabilities to request and obtain reasonable accommodations under chapter 489."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

Report Title:

Dogs; Restaurants

 

Description:

Authorizes restaurant owners and managers, at their discretion, to permit dogs inside a restaurant, subject to certain conditions.  (Proposed SD1)

 

 

 

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