1. (1) Except as specified in subsection (3) of this section, a person may have a pet dog in an outdoor dining area of a retail food establishment if:

   1. (a) The retail food establishment elects to allow pet dogs in its outdoor dining area;
   2. (b) A separate entrance is present through which the pet dog enters and exits the outdoor dining area without passing through the retail food establishment;
   3. (c) The person does not allow the pet dog on chairs, benches, seats, or other furniture or fixtures;
   4. (d) The outdoor dining area is not used for food or drink preparation; except that an employee of the retail food establishment may refill a beverage glass in the outdoor dining area from a pitcher or other container;
   5. (e) The pet dog is on a leash or confined in a pet carrier and is under the control of a person;
   6. (f) The licensee of the retail food establishment ensures compliance with local ordinances related to sidewalks, public nuisances, and sanitation; and
   7. (g) The retail food establishment is in compliance with any other control measures approved by the county or district public health agency.
2. (2) A person who brings a pet dog in an outdoor dining area in accordance with this section is responsible for the behavior of that pet dog.

3. (3)

   1. (a) The governing body of a city, county, or city and county may prohibit the presence of pet dogs in outdoor dining areas of retail food establishments located within the governing body's jurisdiction.
   2. (b) A retail food establishment may elect not to allow pet dogs in its outdoor dining area.
4. (4) Nothing in this section is intended to restrict the presence of a service animal, as defined in section 24-34-301.

Source: L. 2020: Entire section added, (SB 20-078) ch. 66, p. 267, § 1, effective September 14. L. 2023: (4) amended, (HB 23-1296), ch. 269, p. 1600, § 8, effective May 25.