Budget Amendment ID: FY2022-S3-154

OTH 154

Expanding Outdoor Dining Beyond the COVID-19 Emergency

Messrs. Crighton, Keenan, Feeney, O'Connor, Timilty and Tarr moved that the proposed new text be amended by inserting the following section:-

"SECTION XX. Notwithstanding the provisions of chapter 40A of the general laws, or any special permit, variance or other approval thereunder, or any other general or special law to the contrary, a city or town may approve requests for expansion of outdoor table service, including in the description of licensed premises as described below.  Prior to such approval, the mayor, select board, or chief executive as established by charter or special act, shall establish the process for approving such requests.  Such process need not comply with the notice and publication provisions of section 11 of chapter 40A.

(a) Any such approval may be exercised immediately upon filing of notice thereof with the city or town clerk, without complying with any otherwise applicable recording or certification requirements.

(b)In order to provide improved opportunities for outdoor table service, for any type of license that permits the sale of alcoholic beverages for on-premises consumption, a local licensing authority (“LLA”) may grant approval for a change in the description of the licensed premises for the purpose of permitting outdoor alcohol service as the LLA may deem reasonable and proper, and issue an amended license to existing license holders, without further review or approval by the Alcoholic Beverages Control Commission (“ABCC”) prior to issuance.  Upon approval of an amended license, the LLA shall provide notice of the amended license to the ABCC.  Nothing in this section shall prevent the ABCC from exercising its statutory or regulatory enforcement authority over any such amended license issued.

(c) As used in this section, the following words shall have the following meanings:-

“Outdoor table service” shall mean service that is provided outside the restaurant building envelope, whether on a sidewalk, patio, deck, lawn, parking area, or other outdoor space.  Outdoor table service may be provided under awnings or table umbrellas or other cover from the elements, provided, however, that at least 50 percent of the perimeter of any covered dining space must remain open and unobstructed by any form of siding or barriers at all times.