Full Statute Name:  West's Annotated Code of Maryland. Health--General. Title 21. Food, Drugs, and Cosmetics. Subtitle 3. Food Establishments. Part I. Definitions; General Provisions. § 21-304.2. Restaurant patrons with dogs

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Primary Citation:  Md. Code Ann., Health-Gen. § 21-304.2 Country of Origin:  United States Last Checked:  November, 2024 Alternate Citation:  MD HEALTH GEN § 21-304.2 Date Adopted:  2011 Historical: 
Summary: This Maryland statute deals with the eligibility of restaurants for dog admission. Under the statute, a restaurant with an outdoor dining area may allow a patron’s dog to accompany the patron in the outdoor dining area. The statute requires that the owner of the restaurant notify the local health department of the owner’s intention to allow dogs in the outdoor dining area at least 30 days prior to any dogs being allowed in the outdoor dining area. Additionally, the owner may limit the amount of space available for dogs, the size and type of dog allowed in the outdoor dining area, and may reject and patron with a dog at his or her discretion.

Restaurants eligible for dog admission

(a) A restaurant with an outdoor dining area may allow a patron's dog to accompany the patron in the outdoor dining area during the hours designated by the owner of the restaurant.

Notice to local health department

(b) The owner of a restaurant:

(1) Shall provide written notice to the local health department that the owner intends to allow a patron's dog to accompany the patron in the outdoor dining area of the restaurant not less than 30 days prior to the day on which dogs will be allowed in the outdoor dining area;

(2) May determine the location and the amount of space in the outdoor dining area designated for a patron accompanied by a dog;

(3) May establish limits on the size and type of dogs and any other limitations relating to dogs that may accompany a patron into the outdoor dining area of a restaurant;

(4) May deny entry to the restaurant or eject from the restaurant any patron accompanied by a dog at the discretion of the owner; and

(5) Shall place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person from a distance of 8 feet and that is in a location that is plainly visible to the patrons of the restaurant notifying the patrons of the policy of the restaurant allowing dogs in the outdoor dining area.

Restrictions

(c) A patron accompanied by a dog:

(1) May not allow the dog to travel through an indoor space of a restaurant to enter or exit an outdoor dining area;

(2) Shall keep the dog on a leash at all times with the patron at the table at which the patron is seated;

(3) May not leave the dog unattended at any time in the restaurant;

(4) Shall be an adult who is responsible for the behavior of the dog; and

(5) Is liable for any damages caused by the dog to the restaurant or any other patron of the restaurant.

Service animals

(d) This section does not affect the right of an individual to use a service animal, as defined in § 7-701 of the Human Services Article.

Credits

Added by Acts 2011, c. 607, § 1, eff. July 1, 2011.
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