The weather is getting warmer and due to an increase in inquiries regarding patio rules, we have put together the following guidelines.

Pets and Service Animals

Can my pet sit on a bar or restaurant patio?

• In 2020, Iowa Administrative Code [481 IAC, Chapter 31.1.(14)] was updated so that Iowa food establishments may allow pet dogs on their on outdoor patios without applying for a waiver from DIAL.
  • The following rules apply to pet dogs on patios:
    • Dogs must access the outdoor area via a separate entrance (not through the inside of the establishment);
    • Food and drink preparation is not allowed in the outdoor area;
    • Reusable utensils (e.g., plates, silverware, glasses, bowls) are not allowed to be stored, displayed, or pre-set in the outdoor area;
    • Food or water provided to pet dogs must be in single-use disposable containers provided by the food establishment, or in a container provided by the pet owner that is filled without any contact with any dispensing item (e.g., pitcher) of the food establishment;
    • While they are on duty, employees of the establishment are not allowed to have contact with pet dogs;
    • Disruptive pet dogs must be controlled or removed from the premises;
    • The outdoor area cannot be fully enclosed (an enclosed area is considered part of the interior of the facility);
    • The outdoor area is maintained and clean, and any areas where excrement, urine, saliva, vomit, etc., are deposited, shall immediately be cleaned and sanitized by employees; and
    • Rules governing pet dogs shall be posted at each entrance of the food establishment and must at a minimum contain the following:
      • Pet dogs shall be leashed at all times;
      • Pet dogs shall not enter any interior area of the food establishment at any time;
      • Pet dogs must be controlled at all times by the dog’s owner or designee;
      • Pet dogs are not permitted on chairs, tables, benches or seats; and
      • Pet dog owners must immediately notify the food establishment’s staff in the event that excrement or bodily fluids (urine, saliva, vomit, or the like) are deposited.
• Service, Therapy, and Emotional Support Animals handout from Iowa Restaurant Association: https://restaurantiowa.com/service-animals-pets/

What is a service animal? 

• A service animal is defined as a dog that is individually trained to do work or perform tasks for a person with disabilities.
• A service animal is not a pet.
• An animal whose sole function is to provide comfort or emotional support does not qualify as a service animal under the Americans with Disabilities Act (ADA).
• Under the ADA, a service animal must be under control.

Where can a service animal go?

• Under the ADA, state and local governments, businesses, and non-profit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. 
• An establishment that sells or prepares food must allow service animals in public areas. 

For more information about these guidelines or the Americans with Disabilities Act (ADA), please visit or call: 

• ADA.gov
• Voice:  800-514-0301
• TTY:  800-514-0383

Iowa Department of Inspections, Appeals, & Licensing:  https://dia.iowa.gov/ 

Smoke Free Air Act (SFAA)

• The SFAA requires businesses, state, county, and city governments to post "No Smoking" signs at every entrance to places where smoking is prohibited. 

Bars with No Food

• Smoking is prohibited in all enclosed areas of a bar.  This includes offices, doorways, restrooms, hallways and storage rooms. 
• Smoking is not regulated in unenclosed outdoor patios or outdoor areas of the bar.

Restaurants With or Without Alcohol

• Smoking is prohibited in all enclosed areas of a restaurant.  This includes kitchens, offices, doorways, restrooms, hallways and storage areas. 
• Smoking is regulated in any outdoor areas of the restaurant where seating or service of food or drink takes place. 
• Smoking is not regulated in a defined outdoor area with no seating or service of food or drinks.

For more information about the regulations or the SFAA please visit or call:

• IowaSmokeFreeAir.gov
• 888-944-2247

Please call the Scott County Health Department with any questions:  563-326-8618.  We look forward to working with you to assure safe and enjoyable outdoor dining options in our community.