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HB235 Alabama 2021 Session

Updated Feb 22, 2026

Summary

Primary Sponsor
Steve McMillan
Steve McMillan
Republican
Session
Regular Session 2021
Title
Animals, dogs, allowing a pet dog in an outdoor dining area under certain conditions
Summary

HB235 would allow a pet dog in outdoor dining areas of certain food service establishments under specific conditions, with rules to protect sanitation and safety.

What This Bill Does

This bill lets a pet dog be in an outdoor dining area if the restaurant chooses to allow it and files a waiver with the State Health Department, and if specific safeguards are met (separate entrance for dogs, proper signage, leash or carrier, no seating on furniture, area not used for food prep, 12-foot buffer from beverage prep, and clean, sanitary conditions). Staff cannot have direct contact with dogs while on duty and must wash hands if a violation occurs. The dog owner is liable for damages caused by their dog, and animals inside the restaurant remain generally prohibited except for service dogs or certain law-enforcement dogs; emotional support animals are not allowed. The bill also clarifies that, in places allowing dogs, it may still be allowed to serve wine/beer if licensed, and it defines a dog park.

Who It Affects
  • Food service establishments (owners, managers, and employees) who must decide whether to allow dogs, file the waiver, enforce the rules, maintain sanitation, and be liable for damages.
  • Pet dog owners and other customers with dogs who may bring their dogs to outdoor dining areas only if the establishment has elected to allow it and all conditions are followed (leash/carrier, separate entrance, signage, etc.).
Key Provisions
  • Allows a pet dog in an outdoor dining area if the establishment elects to allow it and files a waiver with the State Health Department.
  • Requires a separate outdoor entrance for dogs, a prominent sign, and rules that the designated outdoor dining area is available to patrons with pet dogs.
  • Dogs must be kept on a leash or in a carrier, must not sit on chairs or fixtures, and the area must not be used for food preparation or utensil storage; the area must be at least 12 feet away from beverage preparation.
  • Employees must not have direct contact with dogs in the outdoor dining area and must wash hands if a violation occurs.
  • The owner is liable for any damages to the restaurant’s property caused by the dog; live animals are generally prohibited inside the establishment except for service dogs and certain law-enforcement dogs; emotional support animals are not allowed.
  • State or local health departments may not prohibit serving wine or beer in establishments that allow dogs if they meet licensing requirements, and a dog park is defined as an enclosed area for off-leash dog play.
  • Effective date: the act takes effect on the first day of the third month after its passage and approval.
AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Animals

Bill Actions

H

Delivered to Governor at 8:34 p.m. on May 17, 2021.

H

Assigned Act No. 2021-474.

H

Clerk of the House Certification

S

Signature Requested

H

Enrolled

H

Passed Second House

S

Motion to Read a Third Time and Pass adopted Roll Call 1450

S

Third Reading Passed

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development

H

Motion to Read a Third Time and Pass adopted Roll Call 209

H

Third Reading Passed

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on County and Municipal Government

Bill Text

Votes

Motion to Read a Third Time and Pass Roll Call 209

February 25, 2021 House Passed
Yes 88
No 8
Abstained 3
Absent 5

HBIR: McMillan motion to Adopt Roll Call 208

February 25, 2021 House Passed
Yes 94
No 3
Abstained 4
Absent 3

SBIR: Whatley motion to Adopt Roll Call 1449

May 17, 2021 Senate Passed
Yes 31
Absent 3

Motion to Read a Third Time and Pass Roll Call 1450

May 17, 2021 Senate Passed
Yes 31
Absent 3

Documents

Source: Alabama Legislature