HomeMy WebLinkAboutCHAPTER 106BCHAPTER 106B. DOGS IN OUTDOOR FOOD AND LIQUOR ESTABLISHMENTS
Updated 2018 106B-1
106B. DOGS IN OUTDOOR FOOD AND LIQUOR ESTABLISHMENTS
106B.01. Statement of Legislative Purpose and Intent. Minnesota Statutes Section
157.175, subd. 1, states that a home rule charter city may adopt an ordinance to permit food
and beverage service establishments to allow dogs to accompany persons patronizing
designated outdoor areas of food and beverage esta blishments. State law provides for a
permit process and minimum requirements to be followed if such an ordinance is adopted.
The City of Rochester Common Council adopts this chapter in furtherance of the authority
provided by Minn. Stat. §157.175.
106B.02 Definitions. Subdivision 1. For purposes of this Chapter, the following terms,
phrases, words and their derivatives shall have the meanings given herein.
Subd. 2. The term “Dangerous and Potentially Dangerous Dog” has the meaning
specified in Minnesota Statutes Section 347.50 and Chapter 106A of this Code.
Subd. 3. The term “Designated Outdoor Dog Area” means a specifically identified and
defined outdoor area located on the premises of a licensed food or liquor establishment which
has been approved by the City Clerk.
Subd. 4. The term “Food Establishment” means an establishment licensed by the
Olmsted County Public Health Department to serve food to the public.
Subd. 5. The term “Liquor Establishment” means an establishment licensed by Chapter
125A of this Code.
Subd. 6. The term “Outdoor Area” means any area utilized for food or beverage service
and consumption located on the licensed premises of a Food or Liquor Establishment, but
shall not include any “indoor area” as that term is defined by Minnesota Statutes, Section
144.413.
Subd. 7. The term “Outdoor Dog Permit” means a permit issued under this chapter that
allows a Food or Liquor Establishment to allow dogs to accompany persons patronizing a
Designated Outdoor Dog Area.
Subd. 8. The term “Proprietor” has the meaning specified by the Minnesota Clean Indoor
Air Act Rules, Minnesota Rules, part 4620.0100, subpart 13.
CHAPTER 106B. DOGS IN OUTDOOR FOOD AND LIQUOR ESTABLISHMENTS
Updated 2018 106B-2
106B.03. Designated Outdoor Dog Areas Authorized. Subdivision 1. A licensed Food
and Liquor Establishment shall be eligible to apply for an Outdoor Dog Permit to allow dogs
to accompany persons patronizing a Designated Outdoor Dog Area.
Subd. 2. An applicant seeking approval for a Designated Outdoor Dog Area shall
provide the following required information on an application as required by the City Clerk:
A. The name, location, and mailing address of the establishment;
B. The name, mailing address, and telephone contact information of
the applicant;
C. A description of the Designated Outdoor Area in which the
applicant intends to allow dogs; and
D. A description of the days of the week and hours of operation that
patrons’ dogs will be permitted in the Designated Outdoor Area.
Subd. 3. An Outdoor Dog Permit is not transferable or assignable and expires
automatically upon the sale of the establishment .
Subd.4. The fee for an Outdoor Dog Permit shall be set by resolution of the Council.
Subd. 5. Any Outdoor Dog Permit holder shall clearly print and post signs so they are
conspicuous to employees and patrons stating:
A. Employees must be prohibited from touching, petting, or otherwise
handling dogs; should any employee inadvertently touch or otherwise
handle a dog, the employee shall promptly wash and clean their hands
and exposed portions of their arms;
B. Employees and patrons must not allow dogs to come into contact with
serving dishes, utensils, tableware, linens, paper products, or any
other items involved in food service operations;
C. Patrons must keep their dogs on a leash at all times and must keep
their dogs under reasonable control;
D. The establishment shall provide an adequate number of water
dishes for the sole use of dogs;
E. Dogs must not be allowed on chairs, tables, or other furnishings;
CHAPTER 106B. DOGS IN OUTDOOR FOOD AND LIQUOR ESTABLISHMENTS
Updated 2018 106B-3
F. Dog waste must be cleaned immediately and the area sanitized; and
G. Dangerous and potentially dangerous dogs shall not accompany
patrons into the establishment
Subd. 6. Penalties. Failure of any proprietor or person in charge to comply with the
requirements in this Section shall be grounds for denial, non-renewal, revocation or
suspension of the Outdoor Dog Permit.
106B.04. Minimum Requirements. This section repealed by Ordinance #4356 on
October 1, 2018.
106B.05. Prohibitions. This section repealed by Ordinance #4356 on October 1, 2018.
106B.06. Exceptions. This section repealed by Ordinance #4356 on October 1, 2018.
106B.07. Violations and Penalties. This section repealed by Ordinance #4356 on
October 1, 2018.
(4086, 9/17/12; 4356, 10/1/18)