Allowing dogs at California restaurants: Business owner’s legal guide (2025)
Thinking about making your restaurant dog-friendly in California? Here’s what business owners need to know about California Health & Safety Code § 114259.5 in 2025.
More restaurants in California are embracing pet-friendly outdoor spaces—but the decision to allow dogs on your patio isn’t just a vibe check. It’s a legal one.
California Health & Safety Code § 114259.5 outlines when and how restaurants can permit pet dogs in outdoor dining areas. This guide breaks down exactly what restaurant owners, managers, and staff need to know to stay compliant and avoid citations or liability.
Can Restaurants in California Legally Allow Dogs?
Yes—if you meet specific legal conditions and choose to allow it, your restaurant may permit pet dogs in outdoor dining areas only.
Allowing dogs is optional, but compliance is not.
Legal Requirements for Restaurants That Allow Dogs Outdoors
If your business opts to allow dogs on the patio, you are responsible for making sure the following requirements are met:
1. You must elect to allow dogs
- Pet dogs can only be present if the owner of the food facility decides to allow them.
2. You must have a separate outdoor entrance
- Dogs cannot pass through indoor areas to access the patio. There must be an outdoor entry that bypasses the interior.
3. Dogs must remain on the ground
- Dogs are not allowed on chairs, benches, or any furniture.
4. Your patio must not be used for food prep or utensil storage
- No food or drink prep or storage is allowed in the outdoor dining area.
- Staff may refill beverage glasses using pitchers or similar containers outdoors, but no food handling or plating.
5. Dogs may only be served in single-use disposable containers
- If offering food or water to dogs, use containers that are immediately discarded after use.
6. Employees must not pet the dogs
- Direct contact between staff and dogs is prohibited.
- If contact does happen, employees must immediately wash hands per Section 113953.3.
7. Patio must be kept clean and sanitized
- You’re responsible for making sure any area contaminated by dog waste or bodily fluids is cleaned and sanitized right away.
8. Dogs must be leashed or in a carrier and under the owner’s control
- Roaming animals, aggressive behavior, or unattended dogs are not allowed.
9. You must follow local ordinances
- Even if you meet all the state’s conditions, local city or county health codes may still restrict or regulate dog-friendly dining.
10. You are liable for damages
- If a dog causes damage to the premises or facilities, the restaurant owner is legally responsible, as stated in the law.
What About Service Animals?
Service animals are allowed regardless of your restaurant’s dog policy, including inside the establishment. They are not considered pets under California or federal law and have different legal protections under the ADA and related statutes.
Should You Allow Dogs? Operational Considerations
Even if it’s legal, ask yourself:
- Do you have the staffing to manage cleanups and reinforce rules?
- Is your patio layout suitable for safe animal traffic?
- Do you serve food items that might attract or distress dogs?
- Will your customers welcome a dog-friendly policy—or push back?
Key Takeaways for Restaurant Owners
- You are allowed to let dogs on your patio—but only if you follow all the rules under CA Health & Safety Code § 114259.5.
- You are liable for enforcing the law and for any damages dogs cause.
- Service animals are always allowed and are protected by separate laws.
Want to Share This with Your Guests?
Many customers aren’t aware of the legal details. We’ve located a companion guide just for dog owners to help them understand their responsibilities when dining out with pets in California.
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