RELATING TO DOGS.

SB1027

THE SENATE

S.B. NO.

1027

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO DOGS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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In recognition
of the bond between humans and animals and the status of pets as family
members, many local businesses are implementing pet-friendly policies to better
serve the needs of their customers.

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The legislature finds that restauranteurs,
however, are at a disadvantage, as the State's administrative rules prohibit
the presence of non-service animals in restaurants.
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Some pet owners attempt to circumvent these
rules by misrepresenting their pets as service animals, in violation of state
law.

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The legislature also finds that allowing
restaurants the option to welcome dogs onto their premises provides restaurants
freedom to better serve their customers, dog-owning patrons more dining options
to consider visiting with their dog, and businesses an opportunity to broaden
their customer base and increase revenues.

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The legislature further finds that
reasonable safeguards can prevent risks to public health that might otherwise
result from adopting such a policy.
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A
study published in 2013 in the
Journal of Environmental Health
found no
reported incidents associated with allowing pets in restaurants and recommended
following the normal safety, sanitation, and hygiene practices to minimize any
threat to human health.
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Several states
have passed laws allowing restauranteurs to adopt dog-friendly policies to
better serve their customers and in recognition of the growing bond between
pets and their owners.

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The purpose of this Act is to authorize
restaurants to allow dogs onto their premises under certain conditions.

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SECTION 2.
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Chapter 321, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:

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"
�321‑
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Dogs allowed on restaurant premises.
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(a)
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At the discretion of the owner or manager of a restaurant, a restaurant
patron may bring a dog onto the restaurant premises under the following conditions:

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(1)
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The
dog shall be under the control of the patron at all times and in a carrier or
on a leash that is held by the patron or tied to the patron's table;

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(2)
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The
dog shall remain within the patron's seating area and on the floor;

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(3)
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The
dog shall remain in a location or area on the restaurant premises designated pursuant
to subsection (b);

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(4)
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The
dog shall not obstruct pathways, interfere with the activities of the
restaurant's employees, or enter the food preparation area;

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(5)
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The
dog shall not disturb or interact with other patrons or dogs, except by
invitation;

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(6)
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The
dog shall be housebroken; provided that if the dog relieves itself on the
restaurant premises, the patron shall be responsible for thoroughly cleaning up
after the dog and any affected areas;

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(7)
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The
patron shall not leave the dog unattended at any time; and

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(8)
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The
patron and the dog shall abide by any other conditions that the owner or
manager of the restaurant requires.

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(b)
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A restaurant that allows dogs in to enter and remain on the restaurant premises
shall:

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(1)
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Determine
and designate the location or area and amount of space on the restaurant
premises where patrons may be accompanied by dogs;

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(2)
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Prohibit
food-service employees from having direct contact with a dog while on duty;

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(3)
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Require
that any food-service employee who comes into contact with a dog wash their
hands as required by law; and

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(4)
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Post
at each entrance a sign displaying the message "Dogs are allowed in this
restaurant", and shall also post adjacent to that sign the list of
conditions in subsection (a), including a clear description of any additional
conditions imposed by the owner or manager of the restaurant.

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(c)
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Pursuant to title 28 Code of Federal Regulations section 35.136, or if
any of the conditions in subsection (a) are not met, the owner or manager of
the restaurant may require the patron to remove the dog from the restaurant
premises.

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(d)
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The restaurant patron who brings a dog onto the restaurant premises and
the dog's owner, if the owner is not the patron, shall be liable for all
property damages and personal injury that the dog causes while on the
restaurant premises.

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(e)
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For the purposes of this section, "restaurant" means any place
where food is served or provided to the public at a charge, including outdoor
seating areas, regardless of whether the food is consumed on or off the
premises.

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(f)
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If any provision of this section conflicts with federal law governing
service animals, federal law shall prevail.

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(g)
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Any patron of a restaurant that misrepresents a dog as a service animal
to circumvent the requirements of this section shall be subject to fines and
penalties pursuant to 347-2.6.
"

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Dogs;
Restaurants

Description:

Allows
dogs in restaurants at the restaurant owner's or manager's discretion, provided
that certain conditions are met.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.