Today, the State Senate voted 34-0 to approve legislation that will extend outdoor dining activity at restaurants through March 31, 2022. The legislation, which has no fiscal impact, establishes a process by which local zoning officials can allow or expand outdoor dining at restaurants. It also specifies that any outdoor dining activity previously authorized by executive order will be approved though March 31, 2022. State Senator Norm Needleman (D-Essex) today introduced the bill on the Senate floor and voted in support; the bill now heads to the Governor’s office to be signed into law.
“As the COVID-19 pandemic struck last year, outdoor dining was a lifeline for many restaurants around the state, enabling them to stay afloat and even driving business on some Main Streets and downtown areas, desperately needed amid the economic downturn of the time,” said Sen. Needleman. “We need to continue to extend this lifeline to our restaurants and allow them to continue to benefit from this legislation, now and in the future, and I look forward to seeing the Governor sign this bill into law.”
House Bill 6610, “An Act Concerning The Provision of Outdoor Food and Beverage Service By Restaurants,” was amended last week during its passage in the House. Under its language, if adopted, zoning or planning officials would have the power to expand or permit outdoor activities for restaurants to respond to or provide economic recovery from the COVID-19 pandemic.
Any permit for outdoor eating would not require significant paperwork such as site surveys or traffic studies to expedite the approval process outside of information that could impact public health, safety or the environment. Any applications filed would be responded to within ten days of receipt, and any appeals process after a potential rejection would need to be filed within a week.
Notably, municipalities wishing to permanently expand the availability of outdoor dining and retail activity would be allowed to expedite permanent changes to their zoning rules. In the future, the legislation could be expanded to enable permanent expanded outdoor dining in its current state.
Otherwise, the legislation holds preexisting standards for outdoor activities, such as specific spacing and zoning for outdoor dining that does not interfere with local pathways and are subject to reasonable standards, such as compliance with the Americans with Disabilities Act.
As the COVID-19 pandemic struck in spring 2020, restaurants struggled under limitations imposed on their businesses by public safety standards. Expansion of outdoor dining led to increased safety and comfort for diners, leading to benefits for the businesses adopting them. Statistics from the Centers for Disease Control found patients who reported dining inside a restaurant were 2.4 times more likely to test positive for COVID-19 during the early months of the pandemic.