An Act To Enable Restaurants To Allow Dogs In Outdoor Portions of Those Establishments
Maine Legislature, Session 123, LD 1398
Committee: Health and Human Services
Sponsors: PERRY
Amends: 17 MRSA §3966

Legislative Document 
No. 1398 
S.P.486 
March 14, 2007 
An Act To Enable Restaurants To Allow Dogs In Outdoor Portions 
of Those Establishments 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator PERRY of Penobscot. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17 MRSA §3966, first ~, as amended by PL 2005, c. 318, § 1, is further 
amended to read: 
It is unlawful for any person, other than the owner or manager, to bring an animal 
into a store where food is sold for human consumption or into a restaurant where food is 
prepared and served on the premises. This section does not apply to a person requiring the 
services of a service animal or a person with a dog allowed under Title 22, section 2502. 
Sec. 2. 22 MRS A §2502 is enacted to read: 
§2502. Dogs in designated outdoor areas 
1. Municipal ordinance. A municipality may enact an ordinance to issue a permit 
to allow a person to take a dog into a designated outdoor area of an eating establishment 
licensed under this chapter. A municipal ordinance under this subsection must provide 
for an application procedure that requires information including: 
A. The name, location and mailing address of the eating establishment; 
B. The name, mailing address and telephone contact information of an individual in 
a position of responsibility at the eating establishment; 
C. A description of the outdoor area to be designated as allowing a dog under this 
section, referred to in this section as "the designated area." The description must 
include a diagram of the proposed designated area, including: 
(1) The dimensions and boundaries of the designated area; 
(2) A depiction of the number and placement of any table, chair or restaurant 
equipment in the designated area; 
(3) Any entryway to or exit from the designated area; 
(4) Any other outdoor area of the eating establishment that does not allow a dog; 
(5) Any fence or other barrier within the designated area; 
(6) Any surrounding property line or public right-of-way including any sidewalk 
or pathway; and 
(7) Any other information the municipality determines necessary; 
D. The days of the week and hours of operation in which a person may bring a dog 
into the designated area; and 
E. Any other information the municipality determines necessary. 
A permit issued under this subsection must contain the license number issued by the 
department for the eating establishment. 
2. Requirements. For an eating establishment with a designated area that allows a 
dog, a municipal ordinance under subsection 1 must contain the following requirements 
and limitations: 
A. An eating establishment employee may not touch, pet or otherwise handle a dog 
while serving food or a beverage or handling tableware or before entering another 
part of the eating establishment. An employee must wash the employee's hands 
promptly after touching, petting or otherwise handling a dog; 
B. The eating establishment must advise a patron in a designated area that the patron 
should wash the patron's hands before eating and provide waterless hand sanitizer at 
every table in the designated area; 
C. The eating establishment must instruct every employee and patron to not allow a 
dog to come into contact with serving dishes, utensils, tableware, linen, paper 
products or other items involved in the eating establishment's operation; 
D. A patron must keep a dog on a leash and under reasonable control; 
E. A dog may not be allowed on a chair, table or other furnishing; 
F. 
Every table and chair must be sanitized with a product approved by the 
department after each use by a patron. Spilled food and drink must be removed from 
the floor or ground between seatings of patrons; 
G. Dog waste must be cleaned up immediately and the surrounding area sanitized 
with a product approved by the department. Cleaning materials required under this 
paragraph must be kept in the designated area; 
H. 
A dog may not travel though an indoor or nondesignated outdoor area of the 
eating establishment, and ingress to or egress from the designated area may not 
require entrance into or passage through any indoor area of the establishment; 
I. A sign detailing the requirements of this subsection must be posted in a location on 
the premises of the eating establishment determined appropriate by the municipality 
that is clearly visible to an employee of the eating establishment; 
J. A sign detailing the requirements of this subsection must be posted in a location on 
the premises of the eating establishment that is determined appropriate by the 
municipality and that is clearly visible to a patron in the designated area; and 
K. A sign informing the public that the designated area is available for the use of a 
patron with a dog must be posted in a location determined appropriate by the 
municipality. 
1 
3. 
Transferability. 
A permit issued under an ordinance enacted pursuant to 
subsection 1 expires upon the sale or other transfer of the permitted eating establishment 
and may not be transferred to a subsequent owner. A subsequent owner of a permitted 
eating establishment that is sold or otherwise transferred may apply for a new permit 
under subsection 1. 
4. Enforcement. The department and a municipality may enforce that municipality's 
ordinance adopted pursuant to subsection 1. 
5. State and local cooperation. The department shall cooperate with and assist a 
municipality in the development and enforcement of an ordinance adopted pursuant to 
subsection 1. A municipality that adopts an ordinance under subsection 1 shall establish 
a procedure to accept, document, respond to and timely report to the department a 
complaint related to a violation of this section. 
A municipality shall provide the 
department with all approved applications and permits issued under an ordinance adopted 
pursuant to subsection 1. 
SUMMARY 
This bill allows a municipality to pass an ordinance to allow an eating establishment 
to allow a patron to bring a dog into a designated outdoor area of the establishment. The 
municipal ordinance must require the eating establishment to provide detailed 
information regarding the designated area and follow rules concerning the handling and 
conduct of dogs in the designated area, including posting the rules for employees and 
patrons to see. This bill also provides for cooperation and communication between the 
municipality and the Department of Health and Human Services.