Dogs may be allowed in outdoor dining areas of a food establishment if:

1. (1) the establishment posts a sign in a conspicuous location in the area stating that dogs are allowed;
2. (2) the customer and dog access the area directly from the exterior of the establishment;
3. (3) the dog does not enter the interior of the establishment;
4. (4) the customer keeps the dog on a leash and controls the dog;
5. (5) the customer does not allow the dog on a seat, table, countertop, or similar surface; and

6. (6) in the area, the establishment does not:

   1. (A) prepare food; or
   2. (B) permit open food other than food that is being served to a customer; and
7. (7) the requirements specified in this section do not apply to service animals or service animals in training.

Source Note:The provisions of this §228.172 adopted to be effective August 8, 2021, 46 TexReg 4686.