How does the Dixie Cup Clary Local Control Act affect service animals in restaurants?
The Dixie Cup Clary Local Control Act only applies to pet dogs, not service animals.
What is a service animal?
A service animal is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
Can I take my service dog into a restaurant?
Yes, service dogs are allowed in restaurants, although only in areas that are not used for food preparation and that are usually open for customers, such as dining rooms and sales areas.
Can I take my pet dog to a restaurant?
Pet dogs are generally not allowed in public food service establishments, but local governments can pass ordinances allowing dogs in designated outdoor seating areas. These ordinances must follow state law, including permit fees and sanitation requirements. Restaurants need a local permit before allowing dogs in outdoor areas, and dogs are still prohibited inside the establishment. Check with your local government to see if such an ordinance exists and if the restaurant has the required permit.
Can local governments charge restaurants a fee to issue permits for allowing dogs in restaurants?
Yes, and they may also set fees to recover other costs associated with this permit program.
Can establishments charge an access fee to pet dog owners?
This is not addressed in the state law and will likely be market-determined.
May I bring my cat or other pets to the designated outdoor dining area?
The law applies only to dogs. Other animals remain prohibited from food service establishments.
What are the minimum health or food safety conditions that must be met to allow pet dogs?
Food service employees must wash their hands after handling dogs and are prohibited from handling dogs while serving food or handling tableware. Patrons should be reminded to wash their hands before eating, and hand sanitizer must be provided at each table. Dogs must stay on a leash, remain under control, and are not allowed on chairs or tables. Contact between dogs and any food service items is prohibited. Surfaces must be cleaned and sanitized between patrons, and any dog waste accidents must be cleaned immediately. Signs must remind staff and patrons of the rules. Dogs are not allowed to travel through indoor or non-designated areas, and local governments may set additional requirements for permits.
How do I apply for a permit to allow pet dogs at my restaurant?
Local governments that adopt an ordinance are responsible for the permit process. Contact your local government to find out how to apply for a permit.
Can I transfer a “dogs in restaurant” permit that was issued to the previous owner of the public food service I recently purchased?
No. The law states that permits are not transferable and expire upon sale of the establishment. You must apply for a new permit from the local government to continue to allow pet dogs in a designated outdoor dining area.
Who enforces the new local ordinances?
Local governments are required to monitor permit holders for compliance in cooperation with the Division of Hotels and Restaurants.
Does the law require local governments to notify the Division of Hotels and Restaurants if a local dogs in restaurants ordinance is adopted?
Local governments must provide the division with copies of all approved applications and permits for allowing dogs in designated outdoor areas of food service establishments. Although they are not required to notify the division when such ordinances are adopted, the division requests notification to track local ordinances under the Dixie Cup Clary Local Control Act, which aids in compliance efforts.
What assistance does the Division of Hotels and Restaurants provide to local governments implementing an ordinance relating to dogs in restaurants?
The division provides a sample application for a permit that local governments may use as a reference or in whole. The division is also available to discuss development of enforcement procedures and regulations with local governments.
What enforcement procedures must local governments implement regarding dogs in restaurants?
Local governments must create procedures to handle complaints, document them, and report both the complaints and their enforcement actions to the Division of Hotels and Restaurants. The specific enforcement process varies based on each local government’s structure and ordinances.
For more detailed answers from the state regulatory authority, please visit:
DPBR Division of Hotels & Restaurants FAQs > Food Service General Information > Dogs in Restaurants
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