Budget Amendment ID: FY2021-S4-243

EHS 243

Expedited Food Service Licensing

Ms. DiZoglio, Messrs. Tarr and Fattman moved that the proposed new text be amended by adding the following section:

SECTION XX. Notwithstanding any general or special law to the contrary, an establishment that is licensed under section 12 of chapter 138 of the General Laws to serve wine, malt beverages, mixed drinks or any other alcoholic beverages for on-premises consumption may apply to such establishment’s local licensing authority for a Food Service Establishment Permit to serve food prepared on-site and intended for immediate consumption pursuant to 105 CMR 590.00, in order to be categorized as a restaurant for purposes of the phased plan for reopening of workplaces, businesses and other facilities across the commonwealth by executive orders of the governor of the commonwealth in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19, and, in the event of issuance of such permit, shall be authorized to operate and serve seated patrons without restriction or limitation or other requirement regarding which menu items are being served to a particular seated patron for consumption on-premises so long as restaurants are permitted to be open and operational under the phased plan for reopening; provided, however, that such establishments otherwise comply with all other general business reopening guidelines and sector-specific COVID-19 safety standards imposed on restaurants. Local licensing authorities are directed to take all necessary action to expedite the review and processing of such applications and issuance of such permits, which issuance shall not be unreasonably withheld. The commissioner of public health shall be authorized to issue rules and regulations to ensure the timely and effective implementation of this section.