RSA 466:44 · Restaurants and Food Stores

466:44 Restaurants and Food Stores. –

Copy link

I.

Except as provided in paragraph II, no person shall bring any animal into any restaurant or any store that sells food; and no person shall allow any animal to enter in any store that sells food, except for service animals as provided in RSA 167-D. Whoever violates the provisions of this paragraph shall be guilty of a violation.

Copy link

II.

Unless prohibited under subparagraph (d):

Copy link

(a)

A restaurant owner may allow dogs in any outdoor dining area at his or her place of business, if:

Copy link

(1)

Such dog and owner access the outdoor dining area from the exterior of the restaurant, regardless of whether food or drink are served in such outdoor dining area.

Copy link

(2)

All food is prepared and all utensils stored in the interior of the restaurant.

Copy link

(3)

The owner allowing dogs shall prominently display a sign at all public entrances advising patrons that dogs are allowed on the premises. The sign shall state the following text in English: "Companion dogs are only allowed in certain outdoor dining areas of this establishment. Only service dogs are allowed in other parts of this establishment. Your companion dog must be licensed and currently vaccinated against rabies to remain in the outdoor dining area with you. You are responsible for controlling your dog at all times."

Copy link

(4)

The owner of such dog controls his or her dog within the outdoor dining area.

Copy link

(5)

The owner of a dog keeps the dog on the ground and out of the aisles of the outdoor dining area and does not allow the dog to eat or drink using glasses, plates, or utensils from the restaurant.

Copy link

(6)

The staff of the restaurant does not pet or play with the dog.

Copy link

(7)

The restaurant owner asks a dog owner to remove his or her threatening or aggressive dog from the outdoor dining area.

Copy link

(8)

The restaurant owner calls 911 if such dog bites or hurts another person.

Copy link

(9)

The outdoor dining area, including the exterior walls and floors, is maintained clean, and surfaces that have been contaminated with dog excrement or other bodily fluids such as urine, saliva, and vomit, are immediately cleaned and sanitized.

Copy link

(10)

Dogs are not allowed in food preparation or production areas.

Copy link

(b)

In this paragraph "patio" means an open air, exterior space with an entrance separate from the restaurant.

Copy link

(c)

This paragraph shall not apply to a service animal as defined by RSA 167-D:1, IV.

Copy link

(d)

A municipality may, by ordinance or regulation adopted under RSA 47:17 or RSA 147:1, prohibit dogs in outdoor dining areas of restaurants, regardless of whether the municipality is responsible for licensing food service establishments.

Copy link

III.

A restaurant owner may allow his or her properly disciplined companion dog inside his or her place of business. Such dogs shall not be allowed in food preparation or production areas. A restaurant owner allowing his or her companion dog shall prominently display a sign at all public entrances advising patrons that his or her companion dog is allowed on the premises and that such dog shall be removed from any portion of the premises where members of the public are present in the event a patron with a service animal is present. Source. 1971, 190:1. 1973, 531:128. 1983, 275:7. 1989, 45:10. 1990, 131:4. 2010, 305:1. 2011, 170:4, eff. Jan. 1, 2012. 2022, 3:1, eff. Apr. 24, 2022. 2023, 149:2, eff. Jan. 1, 2024.

Copy link