BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1965
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 1965 (Yamada) 
          As Amended May 5, 2014
          Majority vote 

           HEALTH              17-1        LOCAL GOVERNMENT         8-0    
           
           ----------------------------------------------------------------- 
          |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                    |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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: 0003303