(a) For purposes of this section the following definitions apply:
"Commissioner" means the Commissioner of Business Affairs and Consumer Protection.
"Dog-friendly area" means a dining area of a retail food establishment that is:
(1) located outside; and
(2) accessible from the street.
(b) No retail food establishment shall permit any animal, other than a service animal assisting a person with a disability, on any portion of the retail food establishment’s premises, unless all of the requirements in subsection (d) of this section are complied with.
(c) In addition to the general application requirements for a retail food establishment license, a retail food establishment shall provide a statement as to whether the applicant desires to establish a dog-friendly area at the retail food establishment, other than persons with a disability requiring the assistance of a service animal, to bring their dogs while the patron is frequenting the retail food establishment.
(d) If a retail food licensee allows patrons of the establishment to bring dogs on any portion of the retail food establishment, other than a service animal assisting a person with a disability, the following requirements shall apply:
(1) dogs shall only be permitted in dog-friendly areas;
(2) dogs shall not be permitted to be in or travel through any indoor portion of the retail food establishment, or in any area where food is prepared;
(3) any dog not kept on a leash at all times or not kept under control by its owner shall be immediately removed from the retail food establishment’s premises. The licensee shall have the right to refuse to serve the owner of any dog if the owner fails to keep the dog on a leash, or to exercise reasonable control over the dog, or the dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the retail food establishment;
(4) only dogs bearing a current rabies vaccination tag or other proof of current rabies vaccinations shall be permitted in the dog-friendly areas;
(5) a sign shall be posted in a conspicuous place in the retail food establishment indicating whether the retail food establishment permits dogs. The size and language on the sign shall be as set forth in the rules of the Department of Health;
(6) the dog-friendly area, including all furniture, fixtures, and walking surfaces, shall be made of hard surfaces that can be washed with soap and water, hosed down and sanitized;
(7) the table and chairs at which patrons with dogs are seated shall be cleaned and sanitized between seating of patrons;
(8) in the event any patron’s dog bites or attacks a person while on the retail food establishment’s premises, the licensee shall immediately notify 311;
(9) while on the retail food establishment’s premises, a dog shall not be provided food, either by the employees or by patrons, though a dog may be provided water;
(10) dogs shall not have any contact with any food, food contact surfaces, serving dishes, utensils, tableware, linens, paper products or any other food serving products; and
(11) the retail food establishment’s employees shall not have contact with the dogs. If any employee has contact with a dog or a surface touched by a dog, the employee shall immediately wash his/her hands before continuing with any food service work.
(e) The Department of Health shall promulgate rules for the administration and enforcement of this section. The rules shall include, but not be limited to, adequate controls to ensure compliance with the Illinois Food, Drug and Cosmetic Act, the Illinois Food Handling Regulation Enforcement Act, the Illinois Sanitary Food Preparation Act, and any other applicable statutes and ordinances.
(f) Upon the determination that a person has violated a provision of this section, or any rule promulgated hereunder, the Commissioner of Business Affairs and Consumer Protection or Commissioner of Health may institute an administrative adjudication proceeding with the Department of Administrative Hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the Department of Administrative Hearings; provided however, that if the Commissioner recommends the suspension or revocation of the retail food establishment license, the Commissioner shall make such recommendation to the Department of Business Affairs and Consumer Protection in accordance with the requirements of Chapter 4-4 of the Municipal Code.
(g) This section shall be enforced by the Department of Business Affairs and Consumer Protection and the Department of Health.
(h) Any person who violates any provision of this section or any rule or regulation promulgated hereunder shall be fined not less than $200.00 and not more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 9-5-07, p. 6866, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 5-9-12, p. 27485, § 19; Amend Coun. J. 12-13-17, p. 63286, § 2)