BILL ANALYSIS Ó
AB 1965
Page 1
ASSEMBLY THIRD READING
AB 1965 (Yamada)
As Amended March 28, 2014
Majority vote
HEALTH 17-1 LOCAL GOVERNMENT 8-0
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|Ayes:|Pan, Maienschein, |Ayes:|Achadjian, Levine, Alejo, |
| |Ammiano, Atkins, Bonilla, | |Bradford, Melendez, |
| |Chávez, Chesbro, Gomez, | |Mullin, Rendon, Waldron |
| |Roger Hernández, Mansoor, | | |
| |Nazarian, Nestande, | | |
| |Patterson, Ridley-Thomas, | | |
| |Wagner, Wieckowski, | | |
| |Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gordon | | |
| | | | |
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SUMMARY : Allows food facilities to permit a person to bring a
pet dog to outdoor dining areas, provided that certain
conditions are met, and allows local governing bodies to
prohibit pet dogs in food facilities' outdoor dining areas.
FISCAL EFFECT : None
COMMENTS : According to the author of this bill, a number of
counties, including Los Angeles and Santa Barbara, have policies
and guidelines for restaurants that allow dogs in outdoor dining
areas. However, the author notes that state law currently
prohibits the presence of dogs in food facilities, thus
preempting any county policy on pet dogs on patios. The author
writes that, while local health officials can choose to
selectively enforce this prohibition, business owners and local
health departments may be subject to litigation for failure to
comply with or enforce state law.
In 2012, in response to the advocacy of dog and restaurant
owners, the Los Angeles County Department of Public Health (DPH)
implemented a new policy permitting pet dogs in outdoor dining
areas, provided certain conditions are met, including the
following:
AB 1965
Page 2
1)A separate entrance to the patio;
2)No food preparation or utensil storage on the patio;
3)No employee-pet contact; and
4)Immediate cleaning and sanitization of areas where excrement
or bodily fluids are deposited.
In an advisory bulletin, Los Angeles DPH acknowledges that the
California Retail Food Code continues to prohibit live animals
inside food facilities, but also notes that local jurisdictions
have varying interpretations of the law. Several other county
environmental health departments, including Sacramento, San
Diego, Santa Barbara, and Ventura, provide guidance indicating
dogs may be allowed in outdoor dining areas or that such areas
are not considered part of the food facility.
Analysis Prepared by : Ben Russell / HEALTH / (916) 319-2097
FN: 0003148