Thursday, July 18, 2019

Gone to the Dogs?


The Clarion-Ledger published a nice little story a couple of days ago about dog-friendly restaurants in the Jackson area:







There is just one little fact left out of this story: allowing dogs at restaurants is illegal.  The Kingfish spoke to the Mississippi State Department of Health and learned a few things.   The Department stated in an email*:

6-501.115 of the 2017 Food Code states that animals are prohibited not just from the building, but from the premises of a food establishment. There is a short list of exclusions to this rule as long as contamination of food, equipment, utensils, and linens cannot result. Those exceptions include fish tanks, patrol dogs accompanying security officers, and service animals.
MSDH does not allow pets on a food facility patio unless it's a situation in an outdoor mall where the food facility has no ownership or control of the outdoor area.  Those nice tables outside Bravo that are serviced by Bravo? Don't even think about it.   The tables in the courtyard downstairs? Those are probably fine as far as the Department of Health is concerned.

Kingfish note: The regulation should be changed to allow the owner of the establishment to permit dogs as he sees fit.  A restaurant can limit dogs by size or breed if it so desires. 

Big cities such as Dallas, Houston, Orlando, and Atlanta  allows dogs on patios as long as there is a separate outside entrance. Several states have passed laws allowing such access in the last decade. The key is a separate outdoor entrance.   Kiefers and Babalu would not pass muster under such a regulation while Anjou, Walkers, and Ticos would.

So many restaurants in Georgia were allowing the furry friends that the State Health Department changed its regs to reflect reality.  WABE reported in 2015:

Georgia’s Department of Public Health says dogs on leashes are now allowed in outdoor dining areas.
Many restaurants in Georgia already allow dogs, but the department says making it official will improve safety.
Georgia’s Department of Public Health says dogs on leashes are now allowed in outdoor dining areas.

Many restaurants in Georgia already allow dogs, but the department says making it official will improve safety.

As part of the new rules, restaurants with outdoor dining areas that want to allow dogs have to post a diagram of where the dogs are allowed, servers are not allowed touch the dog, and, if the dog poops outside, there needs to be a rapid action plan in place.

“It was a practice that was happening, but not being allowed,” said Chris Kumnick, deputy director of environmental health services at the Department of Public Health. “Now we’re just making sure the safety matches up with enjoyment of the patrons.”

If Dallas, Houston, and Chicago can get it right, Mississippi can too (Don't say it.).  More establishments have patios.  Patios bring business.  Taking the dog on a walk and see a buddy on the patio at Stinky Beans or La Brioche? You should be able to sit down and enjoy a triple shot blueberry cinnamon gluten-free iced latte with espresso ice cubes with both of your friends.

The Kingfish understands there are diners who may not be happy with allowing dogs in a patio.  However, that is the beautiful part about capitalism and free markets.  It is the owners right to provide the service and how it is provided.  The owner can make a decision based upon what he thinks will please the customers.  The state should get out of his way and allow him to do so on this matter.

The Late Sophie



* Regulation:

6-501.115 Prohibiting Animals.
(A) Except as specified in ¶¶ (B) and (C) of this section, live animals may not be allowed on the PREMISES of a FOOD ESTABLISHMENT. Pf
(B) Live animals may be allowed in the following situations if the contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES can not result:
(1) Edible FISH or decorative FISH in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;
(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;
(3) In areas that are not used for FOOD preparation and that are usually open for customers, such as dining and sales areas, SERVICE ANIMALS that are controlled by the disabled EMPLOYEE or PERSON, if a health or safety HAZARD will not result from the presence or activities of the SERVICE ANIMAL;
(4) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:
(a) Effective partitioning and self-closing doors separate the common dining areas from FOOD storage or FOOD preparation areas,
(b) Condiments, EQUIPMENT, and UTENSILS are stored in enclosed cabinets or removed from the common dining areas when pets are present, and
(c) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and
(5) In areas that are not used for FOOD preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals.
(C) Live or dead FISH bait may be stored if contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE­ SERVICE and SINGLE-USE ARTICLES can not result.

And here is the Food Code definition of the term "premises":
"Premises" means:
(1) The PHYSICAL FACILITY, its contents, and the contiguous land or property
under the control of the PERMIT HOLDER; or
(2) The PHYSICAL FACILITY, its contents, and the land or property not described in Subparagraph (1) of this definition if its facilities and contents are under the control of the PERMIT HOLDER and may impact FOOD ESTABLISHMENT personnel, facilities, or operations, and a FOOD ESTABLISHMENT is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

42 comments:

Cynical Sam said...

But do Chinese restaurants allow cats? Be careful as the chef may chase your kitty with a cleaver.

Chicken chow meow?

Anonymous said...

YAWN.....

Anonymous said...

It’s okay to love your dog/animal. However, animals are prone to shit where they please. I’d like to not be witness tot the sight or smell while I’m having my meal. Leave the mutt at home.

Anonymous said...

I knew that article was a poorly researched steaming load of bullcrap when I saw the restaurant list. But it's the Clarion Ledger so that's par for the course. Only 2 or 3 of those eateries *might* allow a non-service dog on the premises if patio tables are available. As much as I would love to eat out with my furry little best friend, leaving him at home means less stress for him, me, and the restaurant staff and patrons.

Kingfish said...

I've taken mine to the patios of several of these establishments. Of course, mine knows how to behave. Hell, in Paris they allow them in the nicer restaurants, even bring them a bowl of water. Of course, the Frenchies are more civilized.

Louis LeFleur said...

Legal or not, I could probably tolerate most dogs vs. loud/misbehaving kids or obnoxious people on their phones.

Anonymous said...

KF, also in Italy, Germany, etc.

Anonymous said...

Leave your pooch at home

I have dogs and love them

Not everyone likes dogs

Dont Burden others

Anonymous said...

If you don't like the way America is, Move to Europe!

Anonymous said...

You can also take "pet friendly" dogs into Lowe's as long
as they are leashed

Unknown said...

Not allowing animals on the premises of restaurants is all about health and sanitation. If you allow restaurants to make their own policy about animals then why let them make their own policy about all the other health and sanitation issues? You can't. Anyway, leave your damn dog at home. If you can't be separated from it for a while then you've got problems. And while you're at it, live the kids at home as well. They are a nuisance problem and could be a sanitation problem.

Anonymous said...

Mississippi Department of Health has adopted the
federal guidelines of NOT allowing Dogs & Cats in restaurants. I sending a complaint to the Mississippi Department of
Health so the department can give a failure rating to these business.

Anonymous said...

@9:44 “not everyone likes dogs.” Correct, serial killers don’t. Many serial killers started out abusing animals. Only sociopaths and people who just all around suck don’t like dogs. Not speaking to the overall point of whether or not they should be in restaurants, but people who don’t like dogs just suck at life. Downtown Ocean Springs is dog friendly and it’s great.

Anonymous said...

I don't understand he has never bit anyone before. Famous last words.
Precede on your own peril. But if your dog bites someone at a restaurant you deserved to be sued. Lets just leave the pets at home people

Kingfish said...

Keep in mind the reg include not just restaurants but say, Smoothie Kings. Going on a neighborhood walk with fido, walk by and stop at SK to get something, can't sit down at that little table outside. Same thing for a coffee shop that is in the business of dishing brew, not food.

SOme of you are expressing your opinion, that's good. And it should be the owner to decide whether or not he will listen to it. I forgot, we have commies here who assume everything else is their's to control.

Rod Knox said...

Are the commies pro dog or anti dog KF?

I acquired a mutt from the pound that quickly learned how to stay out of my way while remaining on the ready to come running when called. I don't need to carry her wherever I go because she will remain in the front yard, unfenced, all day if I leave her there. She waits in the hall while meals are being eaten and if there are any table scraps suitable for her to eat she will rush in when called and sit up and patiently wait until a plate is put on the floor. But very few people expect that much discipline from their kids much less their dogs and feel entitled to allow their canine alter egos full run of the premises wherever they go. More often than not the dogs I see being carried out in public fall into the category of fashion accessories or vicarious alter egos. And all in all the Bernie crowd seem more likely to be carrying their BFF along wherever they go. But it seems you see the Bernie crowd trashing the dog lovers?

Anonymous said...

Denver has such a dog friendly atmosphere that I saw a story recently about a new dog training company that specifically trains dogs in a bar/restaurant atmosphere.
I personally don’t mind the dogs on the patio but the first time I get caught up between two dogs fighting and get bit, I’m kicking two dogs and punching two dog owners. Real talk.

Anonymous said...

If you don’t like it leave!

Anonymous said...

I don’t like dogs and I’m not a serial killer.
I resent the hell out of people who think I’m a bad person for not enjoying dogs.
I have rescued and re-homed several in my life and even stopped traffic to grab a puppy on the interstate once, but I have no desire to own one or eat with one.
A friend recently got a dog and now each time I visit the expensive pooch goes berserk and climbs all over me and the owner just thinks it’s cute...even when I have claw marks and slobber all over my legs.
That’s her right to own such an animal and it is now my right to stop visiting her home.
Am I supposed to just tolerate other folks wild dogs at restaurants?
If I have a pet snake...can I expect you to tolerate that at a restaurant?

I donate more time and money to animal charity than any other cause but I’m allowed to not want dogs in my face when dining out.

Rod Knox said...

traveling in tandem with a dog has become quite the trend but the public is fickle in its fads and sooner or later the public will move on to to acquire a new fad and like banning smoking in public paces the dogs will lose their luster.

Who's the financial supporter of the dog fad anyway?

Anonymous said...

I love my dogs, but I don't love other peoples' dogs. If I want to eat with my dog sitting beside me, it is much simpler to do it at home. Why in the hell would anyone want to you drag the dog out to a restaurant so that it can pant and slobber while ruining the meals of other patrons that may not be dog lovers.

Anonymous said...

KF, just because you have a dog that you carry with you everywhere, why do you think this "changed regulation" should apply only to dogs? Many people have other pets that they would like to be with as well. How about cats for a simple starting place? Or ferrets? Or birds? What about my neighbor's pet pig - should he be allowed on the patio along with your dog?

If this regulation is going to be looked at, then it should not be restricted to just some folks idea of what a proper friend may be - let them all in, including the snake mentioned above.

Anonymous said...

12:27, you and me, both brother.

I just don't care for dogs. I'm not going to hurt one, I will rescue one in need, or feed one that is malnourished, but I don't like them slobbering on me and putting their anus in my face. I am a Christian, I love my wife and kids, but there is a element of society that believes I am horrible because I don't care for dogs.

I resent people who treat their dogs like humans, but I never say anything to them. If I went into a restaurant and had to see a dog, I would simply not dine there and never say anything about it.

Anonymous said...

My Great Pyrenees and I enjoy lunch at Basil's in Fondren every Saturday on the patio. My dog is cleaner and has better manners than most people. Plus, everyone loves him. Socializing a dog is key to raising a well-adjusted dog that will be your most loyal companion for many years.

Europe is light years ahead of us on this issue. Once I was dining at a restaurant in France where the chef's Akita walked up and down the middle aisle like he was the Maitre d'. You people that are opposed to allowing dogs in outdoor dining areas need to get over yourselves.

Kingfish said...

Holding up a Starbucks or Smoothie King to the level of a Kathryn's is somewhat ridiculous. All you had to do is tell the owner, the owner agrees, he can ban said pets or set strict rules.

Anonymous said...

Dear 2:29,

If a dog is putting its anus in your face, you must be trying to sniff the dog's butt. You probably need some psychiatric counseling.

Anonymous said...

Y'all wild wanting the government to control everything. Fido sitting on the concrete, bird shit covered patio of a Menchies isn't that big of a deal. Let the health dept worry about things that matter like the tray of fresh pastries sitting on top of the kitchen trash can in the back of .

Anonymous said...

232 "Everyone" loves him? Are you sure of such an absolute statement or os it just that your ego-centric personality makes you believe this statement?

I'm sure several people stop and chat about your beast - but have you polled the opinions of those who do not stop and say adoring chit-chat commentary and coo over him?

Anonymous said...

Yep 3:28, he has a 100% "May I pet him?" average. Everyone does love him. FACT!

Anonymous said...

KF, are we talking about "pets" or service dogs covered by ADA? State law is preempted by the ADA. So service dogs (as defined under the ADA) are not prohibited in restaurants. Now, don't get me started on the asshats who cook up or otherwise abuse all manner of bullish!+ paperwork to qualify their lap animal as a service dog.

Anonymous said...

Some dogs behave better than kids.

I still don't want to dine with someone else's dog at the table next to me. I'll be patronizing other restaurants more sanitary than these that allow non-service K9s inside.

Anonymous said...

Kingfish note: The regulation should be changed to allow the owner of the establishment to permit dogs as he sees fit. A restaurant can limit dogs by size or breed if it so desires.

What happens if you don't bake a dog biscuit for an LBGQT dog wedding?

It'd be a great day in America if we would allow businesses to make their own decisions and let the market do the rest to determine if that business was worth spending money on.

Anonymous said...

id prefer dogs any day rather than the stinking heroin addicts and other assorted junkies i encounter in bars and restaurants here. and im talksing the good spots, not skid row.

Anonymous said...

Have you been to Paris? It's a poop hole, if they do something there, do the opposite here.

Spend some time in Germany, the trains run on time, the grass is cut, no litter, people are friendly. Cross into Franch and It's like being back in the 'Sipp, litter everywhere, grass uncut and the people working in service jobs are rude and unmotivated.

Anonymous said...

The rule at our homes is and always be that dogs (and cats) are welcome and if the people they own are well-behaved, their people will at least be tolerated if not also welcomed outright. Anyone who doesn't like that rule can kiss my dog-owned ass and then tote their highly-suspect ass somewhere else. In my 60 or so years I've rarely encountered a person of decent character who didn't like dogs and I cannot ever recall encountering a person who dogs didn't like who was worth a soggy bag of turds.

Anonymous said...

I would rather sit next to a dog than a screaming kid.

Anonymous said...

It’s disgusting when people plop their diaper wearing kids on counters. I’d much rather be around a dog than a couple that thinks the world revolves around their kid.

Anonymous said...

Moved to Florida couple of years ago and live in a very dog friendly community. Most restaurants with patios allow dogs, many stores also allow dogs, other than service animals. The town and community is very clean and roads are free of potholes.

If One is Chewed, Owner is Screwed said...

Well, Florida actually has a law on it. Here, we have a restaurant manager saying he didn't know the code, had no policies, and, well, dagnabbit, he didn't even know if he would bend to the tyrannical demands of GubMint to follow the law. "Don't tread on Fido!!!!"

Here's Florida: "Florida was one of the first states to enact a law on dogs in restaurants in 2006. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. Once the local exemption is passed, a restaurant can apply for a permit to allow dogs in the outdoor dining spaces. Certain things must be included in the ordinance such as a requirement that staff wash after touching pets, a rule that patrons keep dogs on leashes and under control, a prohibition against dogs on chairs, tables, or other furnishings, signs that list the rules for employees and patrons, and a clean-up station in the outdoor dining area. There are also reporting requirements by the local governments to the State of Florida under the law. The city or county must also have a system in place to document and respond to complaints."

And, Dear Restaurant Manager, your CGL might cover the bite lawsuits, but it's generally assumed any bite will end in a lawsuit. And CGL coverage does not cover many items. Average payout $750,000.

But most of all, NOTE that the FL law includes signage, reporting, complaint handling, etc. Your counsel and carrier ought to be talking to you about training of employees, how to address allergies, response to incidents, etc.

Because if you don't even THINK about it beforehand, what will be your answer on policies, risk reduction management, liability, etc.??

Just the usual hillbilly,"I dunno. Don' you lak dawgs? You ain't much of a 'Murican if you don' lak mah dawg, you hear?"

I love dogs, but if Bowser bites some little girl's face (you know, at that Pig and Pint "Chalk" areas for kids mixing with dogs, for example), you know a 3rd Tier LS grad is going to pay off his student loans on the businesses CGL.

Cause who would ever think dogs around crowds, booze, kids, food, and other dogs would bite, eh? Stupid people. Dogs just being dogs.

Anonymous said...

As for one with pet allergies (severe) in our family, we have already had to limit what hotels we stay at due to so many main line hotels accepting pets now (not talking service animals that is fine and expected). The dander gets in the bedding, floor and air conditioner, etc. Makes them miserable and their eyes water and run, etc. Pets on a patio at a restaurant I'd have no problem with at all but if dogs were inside (again except for service animals--we expect that), we'd have to eat elsewhere. We love dogs but I don't want to eat with them and we have a choice where we spend our money to eat. People are going to extremes now and I see people shopping with their dogs in places like Walmart, Target, etc., pushing them in the cart where I put my food next time or in a dog stroller. I'm a pet lover but sometimes it might be best to leave them at home. Traveling with them I get and you might always have them traveling, but we'll skip eating with them.

Anonymous said...

We spend at least 6 months of the year at our condo in Pensacola. Our black lab, who has better manners than 90% of kids, goes to eat with us EVERY meal. He is actually quite popular at our regular establishments.

Kingfish said...

No one is advocating bringing them in restaurants. No one.

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