Division of Hotels and Restaurants

Dogs in Restaurants FAQ
Dixie Cup Clary Local Control Act

All information on this page is current and was last reviewed by the division on September 10, 2009.

1. Q. How does the Dixie Cup Clary Local Control Act affect service animals in restaurants?

A. The Dixie Cup Clary Local Control Act only applies to pet dogs, not service animals.

2. Q. What is a service animal?

A. A service animal is not a pet. A service animal is an animal individually trained to provide assistance to a person with a disability. For more information regarding service animals, you may call the Americans with Disabilities Act Information Line at 800.514.0301 or visit the United States Department of Justice website.

3. Q. Can I take my service dog into a restaurant?

A. Yes, all types of service animals are permitted in restaurants as long as the service animal is controlled by its handler. The service animal is only permitted in areas that are not used for food preparation and that are usually open for customers, such as dining rooms and sales areas.

4. Q. When can I take my pet dog to a restaurant?

A. Not until your local government enacts an ordinance permitting dogs in outdoor seating areas of food service establishments and the restaurant obtains the required permit.

5. Q. What does the law allow?

A. Local governments are authorized to enact local laws allowing dogs in limited, designated outdoor seating areas of food service establishments. Pet dogs are still prohibited inside food service establishments including traveling through the establishment.

6. Q. When will local governments act?

A. That depends on each local jurisdiction. Each may enact an ordinance adopting specific requirements established by state law, including fees for required permits and conditions that must be met to allow dogs in certain limited areas of food service establishments.

7. Q. Can local governments charge a fee to issue permits?

A. Yes, and they may also set fees to recover other costs associated with this permit program.

8. Q. Can establishments charge an access fee to pet owners?

A. This is not addressed in the state law, and will likely be market-determined.

9. Q. Can my pet dog go into the restaurant dining room?

A. Dogs are limited to designated outdoor areas, and are prohibited inside food service establishments including traveling through the establishment.

10. Q. May I bring my cat or other pets to the designated outdoor dining area?

A. The new law applies only to dogs. Other animals remain prohibited from food service establishments.

11. Q. Are health or food safety requirements required to allow pet dogs?

A. Yes. Any local ordinances allowing dogs must include the following minimum requirements, and any others enacted by local ordinance:

• All food service employees must wash their hands promptly after touching, petting, or otherwise handling dogs.
• Employees cannot touch, pet, or otherwise handle dogs while serving food or beverages or handling tableware or before entering other parts of the establishment.
• Patrons must be advised to wash their hands before eating. The establishment must provide waterless hand sanitizer at each table.
• Dogs shall not come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations.
• Dogs shall be kept on a leash at all times and under reasonable control.
• Dogs shall not be allowed on chairs, tables, or other furnishings.
• Table and chair surfaces and any spillage shall be cleaned and sanitized between seating of patrons.
• Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. Establishments are required to keep a kit containing cleaning materials in the designated outdoor area.
• Signage reminding employees and patrons of adopted rules must be posted as required by local ordinance.
• Dogs are not permitted to travel through any indoor or non-designated outdoor portions of the establishment. Ingress and egress to the designated, permitted, area cannot require entrance into or passage through any indoor area of the establishment.

12. Q. Who enforces the new local ordinances?

A. Local governments are required to monitor permit holders for compliance in cooperation with the Division of Hotels and Restaurants. At a minimum, participating local governments shall establish procedures to accept, document and respond to complaints which must then be reported to the Division of Hotels and Restaurants. Local governments must also report enforcement responses to complaints.