H.B. NO.














relating to pets in restaurants and bars.





     SECTION 1.  Chapter 321 Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-     Pets allowed in restaurants and bars.  (a)  Notwithstanding any law or rule to the contrary, except as provided in subsections (f) and (g), at the discretion of the owner or manager of an establishment, each establishment patron may bring a maximum of one pet into the establishment under the following conditions:

     (1)  The owner or manager of an establishment shall designate an area of the establishment where pets are allowed;

     (2)  The pet shall be under the control of the patron at all times, on a leash that is tied or fastened to keep the pet within two feet of the patron or held within a container;

     (3)  The pet or the container shall be placed and remain on the floor at the patron's seating area;

     (4)  The pet shall not interfere with the activities of the establishment's employees, obstruct any pathways, or enter food preparation areas;

     (5)  A pet that is on a leash shall not relieve itself within the establishment;

     (6)  No pet shall bark, create any other noise audible to other patrons, or otherwise disturb other patrons;

     (7)  An establishment owner, manager, or employee may refuse admittance of any patron with a pet; and

     (8)  The pet and patron shall abide by any other conditions that the owner or manager of the establishment may impose.

     (b)  An establishment that permits pets in the establishment shall have safety and sanitation control procedures in effect to:

     (1)  Immediately clean any pet feces, urine, waste, saliva, vomitus, or other animal fluids, and properly disinfect contaminated areas and surfaces;

     (2)  Prevent animal waste from entering food preparation areas including ensuring that establishment employees assigned to clean up pet feces, urine, waste, saliva, vomitus, or other animal fluids shall thoroughly wash and sanitize their hands and arms up to the elbow prior to returning to any food preparation, other cleaning, or handling of any food equipment or utensils.

     (c)  An establishment that permits pets in the establishment shall post prominently at each entrance a sign displaying the message, "Pets are allowed in this establishment.  The presence of pets in this establishment may place you at a greater risk of contracting a food borne illness".  The establishment shall post adjacent to that sign a list of all conditions contained in subsection (a) and a clear description of any additional conditions imposed by the owner or manager of the establishment on pet owners, pet handlers, and pets while present in the establishment.

     (d)  If any of the conditions in subsection (a) are not met, the owner or manager of the establishment may require the patron to remove the pet from the establishment.

     (e)  The establishment patron who brings a pet into the establishment, and the pet's owner if the owner is not the patron, shall be liable for any and all property damage and personal injury that the pet may cause while in the establishment, including any damage or injury to other pets.

     (f)  If any provisions of this section conflict with state or federal law governing guide or service animals, the federal law shall prevail.

     (g)  Nothing in this section shall diminish the rights of persons with disabilities to request and obtain reasonable accommodations under chapter 489.

     (h)  Nothing in this section shall prohibit patrol dogs accompanying security or police officers from entering any area of the establishment.

     (i)  As used in this section unless the context clearly requires otherwise, the terms:

     "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars;

     "Establishment" means bar or restaurant;

     "Pet" means a dog or cat;

     "Restaurant" means any place where food is served or provided to the public at a charge, including outdoor seating areas, regardless of whether food is consumed on or off the premises; provided that the term restaurant shall not include buffets and places where customers predominately serve themselves."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.








Report Title:

Pets; Dogs; Cats; Restaurants; Bars



Authorizes a restaurant or bar to permit pets inside the establishment subject to specified conditions.




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