Dogs on Patios

Variances are no longer required to allow dogs in outdoor dining areas.
The Department of Agriculture, Trade and Consumer Protection indicates that dogs are allowed in outside seating areas of restaurants when other parameters are followed. In the past, a variance was required but that is no longer the case. This change went into effect when the Wisconsin Food Code was updated in late October of 2020. The Food Code now allows dogs in outdoor seating areas of restaurants without a variance when the requirements below are followed per 6−501.115 (D) Prohibiting Animals:

(D) Only dogs may be allowed in the outside seating areas of a FOOD ESTABLISHMENT if the following requirements are strictly followed:

Applies to the exterior areas of outdoor dining of a FOOD ESTABLISHMENT only. Live animals are not allowed in the interior portions of the FOOD ESTABLISHMENT.
A separate entrance is provided to reach the outdoor dining area so that dogs never enter the FOOD ESTABLISHMENT.
The OPERATOR shall provide signage alerting customers that dogs are allowed in outdoor seating areas. Signage shall be approved by REGULATORY AUTHORITY.
No food or BEVERAGE preparation shall be allowed in the outdoor dining area.
Customer multi-use or reusable UTENSILS such as plates, silverware, glasses and bowls shall not be stored, displayed or pre-set in the outdoor dining area.
FOOD shall not be served to pets in the outdoor dining areas of a FOOD ESTABLISHMENT. However, water may be provided by the FOOD ESTABLISHMENT for consumption by the dog in SINGLE-USE disposable containers.
EMPLOYEES shall be prohibited from having direct contact with dogs while on duty.
Dogs shall not be allowed on chairs, seats, benches, and tables.
The outdoor dining areas of a FOOD ESTABLISHMENT shall be maintained clean at all times
In cases where excrement or other bodily fluids (urine, saliva, and vomit) are deposited, an EMPLOYEE shall immediately clean the affected area.

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