Budget Amendment ID: FY2021-S4-369

ECO 369

Eliminating Arbitrary Restriction on Restaurant Service

Ms. DiZoglio and Mr. 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, establishments that serve food prepared on-site and intended for immediate consumption under a Food Service Establishment Permit, as permitted and issued by a municipal authority pursuant to 105 CMR 590.00, that are also 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, shall be (i) categorized as restaurants 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, irrespective of recency or order of application or issuance of such permit or license, and (ii) 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. Specifically, restaurants licensed under said section 12 of said chapter 138 shall not be required to serve food in order to serve alcoholic beverages for consumption on-premises by seated patrons.