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More people want to bring their dogs to restaurants in Whatcom. But is it allowed?

Bellingham Herald - 12/10/2019

Dec. 10--BELLINGHAM -- Like them or not, you might be seeing more dogs at Whatcom County restaurants next year.

Washington state is considering changing what's known as the retail food code to allow pets in a food establishment's outdoor area. If approved, it would go into effect in October 2020.

"It's only dogs -- not cats, not lizards, not your parrot or your snake," said Tom Kunesh, the Food Safety Program supervisor for the Whatcom County Health Department.

Even as the pet proposal is working its way through the state, the Whatcom County Health Department recently gave Goods Local Brews in Bellingham the OK to allow dogs on its outdoor patio, granting the first such variance to the state food code in the county, according to Kunesh.

Goods is a neighborhood nursery and taproom that has food.

The OK is temporary, in that it will have to be revisited if the state doesn't make the pet-friendly changes, Kunesh told The Bellingham Herald.

County health departments enforce the food code, and dogs in food establishments is the most common complaint the county health department gets when it comes to eateries, according to Kunesh.

"There's strong feelings on both sides," he said. "The operators (business owners) don't want to be caught in the middle."

Here's a look at the at-times divisive issue, which may surprise some given Bellingham's reputation as a dog-friendly place:

Question: Aren't dogs already allowed in Bellingham and other Whatcom County restaurants?

Answer: No. Under Washington state's food code, animals are prohibited in food establishments in most cases. That means they can't be inside eateries or on their outside porches.

Service animals, defined by the state as dogs or miniature horses -- we're not kidding -- can be on the premises, provided what they do makes it possible for their owner to be at the restaurant. Think of a service dog helping an owner who has a hard time seeing.

Dogs working with law enforcement are allowed.

Pet dogs aren't. Neither are comfort animals.

Q: But I see dogs at a number of eateries and breweries in Bellingham.

A: It's true. You do. Bellingham even has been promoted as a good place to kick back with your furry friend at a number of breweries.

But, in most cases, dogs at food establishments -- definitions include restaurants, brewpubs, coffee bars, supermarkets -- violate the food code.

Which is what 122 West Brewing Co. discovered when management asked the county health department about the matter, and what Goods Local Brews learned Oct. 28 when it received a notice from the health department.

122 West is a brewery and restaurant at 2416 Meridian St., the spot of the former Melvin Brewing in Bellingham.

Melvin had allowed dogs and 122 West continued doing so, before being told by the health department that was a no-go.

"People love their pets. I certainly love animals. I don't see it as a detriment to other people dining there," Gary Pickering, owner of 122 West told The Bellingham Herald.

"If they're going to go out and have a beer or relax or go to a restaurant, a lot of people want to bring their dogs with them," Pickering added.

Still, people are confused by places such as Paws for a Beer, where dogs roam freely in what owners describe as a dog-friendly tavern in Fairhaven, and Neko Cat Cafe, which is set to open on Cornwall Avenue in Bellingham this winter.

Q: Why are they allowed?

A: In short, because they're not considered a food establishment, according to Kunesh.

Paws pours beer into sanitary single service cups, so there are no dishes to wash. And what it serves doesn't require temperature control for safety.

Paws patrons can get hot dogs, but that hot dog stand is outside of Paws, and people have to get the food themselves. Those food workers aren't allowed to walk into the tavern to serve food, Kunesh explained.

"Therefore, the dogs may run wild there because they're not a food establishment," he said.

As for Neko Cat Cafe, owner Caitlin Unsell explained what she had to do to be exempted from the food code.

"We are able to do this by keeping our menu simple and serving our beverages in single-use containers," Unsell told The Herald. "All goodies (are) cooked and packaged off-site.

"In addition, none of the food items can be temperature controlled, meaning they don't require refrigeration," she added.

With those practices, Kunesh said, people and animals can hang out together.

Q: But we love dogs. Who cares if they're at restaurants?

A: Enough people care to make it a big source of complaints received by the Whatcom County Health Department, with 48 formal complaints and dozens of other inquiries about dogs in food establishments, according to records obtained by The Bellingham Herald.

Those records go back to January 2016.

"This is the most common sanitation complaint reported to our office. All of these callers ask us to take stronger action to prohibit dogs in food establishments," Kunesh stated in a letter to Goods Local Brews, which was one of the records obtained by The Herald.

Those who complained worried about:

-- tables, chairs and eating areas being contaminated by dog waste and from coming into contact with dogs.

-- worker hygiene after food workers pet dogs.

-- allergies to dogs.

-- safety because they feared dogs growling or fighting.

Kunesh said he's also heard from people who rely on service animals and worry that other dogs will distract their animal from its duties, creating a hazard for those who are disabled.

Q: So what happened with Goods Local Brews?

A: The Whatcom County Health Department contacted Goods after receiving a complaint that included photos showing dogs inside and outside the business.

The taproom, located at 2620 Northwest Ave., also has posted photos on its Facebook page showing dogs hanging out there.

Kunesh said pets aren't as much of a public health concern as ill food workers or food not kept at the correct temperatures.

So the health department deals with the issue if the public complains or if they see a dog at an eatery during an inspection.

"The bottom line for us is looking at dogs in food establishments, compared to other potential health threats, the dogs are not the most significant thing we need to be focusing on," Kunesh told The Herald.

Goods' owners raised that issue when they asked the county health department for a variance.

The lack of enforcement has created a precedent that has lasted years, "so most patrons are under the assumption they are allowed to bring their pets along," Goods' owners state in documents obtained by The Herald.

"Not only will forbidding pets at Goods have crippling effects on our bottom line, this unfair selective enforcement by the health department puts us at an immediate disadvantage to surrounding businesses who are still catering to a community that demands 'pet friendly' accommodations," Goods' owners state.

They asked for the county variance because they've lost customers and can't wait for the state's decision, the owners state.

Goods estimated in the documents that approximately 100 dog-friendly establishments in Whatcom County could choose to apply for a variance.

Others also want the food rules to be changed.

A petition on Change.org to allow dogs in outdoor areas of food establishments in Bellingham was nearing its goal of 2,500 signatures as of Monday, Dec. 9.

When the health department approved Goods' request to allow dogs, Kunesh noted that "dogs pose a relatively small risk of disease transmission to people" though having them there will require more cleaning.

Kunesh said he expected more food establishments to ask for the variance as part of an ongoing trend.

People are more likely now to expect to be able to bring their dogs into a grocery store, a restaurant or a pub, he said.

"Twenty years ago it was very rare," Kunesh said.

Q: What might the state change?

A: The Whatcom County variance for Goods follows the proposed rule change before the state as well what's already being done by Clark County when it comes to dogs and restaurants, according to Kunesh.

The county did add a requirement that leashes be a maximum of 48 inches and that a part of the outdoor seating area be off-limits to dogs.

If you are hoping that the state will let your pooch inside restaurants or other food establishments with you, you're going to be disappointed. Their focus is on the outside.

The matter is set to go before the state Board of Health in March.

If approved, the changes would allow pets, provided:

-- the eatery has a plan that's been approved to allow dogs in the outdoor section of its premises.

-- dogs are on a leash and under the control of owners or confined in a pet carrier.

-- there's a way for dogs to get to the outdoor area without having to go inside a food establishment.

-- dogs stay off tables, chairs, benches, seats or other fixtures.

-- food employees don't pet, feed or otherwise have direct contact with dogs.

-- the outdoor area is kept clean of animal waste.

-- signs are posted to let customers know dogs are allowed there.

-- food or drinks aren't prepared in the outdoor area, and utensils aren't stored there.

"We felt that this language will help control any added risk to the consumer," Susan Shelton, the public health adviser for the state's Food Safety Program, told The Herald.

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(c)2019 The Bellingham Herald (Bellingham, Wash.)

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