Outdoor Dining & Beverage Service at Restaurants and Bars
Effective May 1st of this year, Public Act 22-1 “An Act Concerning the Provisions of Outdoor Food and Beverage Services and Outdoor Displays of Goods” requires municipalities to allow outdoor dining as an accessory use use "as of right", to extend onto public pathways and parking areas subject to certain requirements, and requires local ordinances to be modified to conform to the Act.
In relevant part, the legislation states that "Notwithstanding any provision ofthe general statutes, special act, mumcipal charter or ordinance, the zomng commission of each municipality shall allow any licensee or permittee of a food establishment operating in such municipality to engage in outdoor food and beverage service as an accessory use of such food establishment's permitted use. Such accessory use shall be allowed as of right, subject only to any required administraüve site plan review to deter-mine conformance with zomng requirements not contemplated by this section, provided such accessory use would not result m the expansion of a nonconforming use and such licensee or permittee shall comply with any applicable provision of Title 30 ofthe general statutes."
These businesses may engage m outdoor food and beverage seruce on public sidewalks and other pedestnan pathways abutting the area permitted for pnncipal use and on which vehicular access is not allowed, (a) provided such pathway (i) is consfructed and m compliance with physical accessibility guidelines, as applicable, under the federal Amencans with Disabiliües Act and the State Building Code, and (ii) extends for the length ofthe lot upon which the area permitted for pnncipal use is located, and not less than four feet m width, not Including any area on a street or highway, shall remam unobstructed for pedesman use, and further subject to reasonable conditions Imposed by the mumcipal official or agency that issues right- of-way or obstruction permits;
Further, busmesses may engage m outdoor food and beverage seruce on off-street parkmg spaces associated with the permitted use, notwithstanding any mumcipal ordinance or zomng regulation establishing minimum requirements for off-street parking;
In addition outdoor and beverage service may be offered on any lot, yard, court or open space abutting the area permitted for principal use, provided (a) such lot, yard, court or open space is located in a zoning district where the operation of food establishments is pennitted, (b) such use is in compliance with any applicable requirements for access or pathways pursuant to physical accessibility guidelines under the federal Americans with Disabilities Act and fre State Building Code, and (c) obtains written authorization to engage m such service from the owner of such lot, yard, court or open space and provides a copy of such authorization to the zonmg commission.
Connecticut Liquor Industry Specialist
Under the Act, outdoor food and beverage seruce may conånue to 9 0'clock p.m., or a time established by the zomng commission ofthe mumcipality, whichever IS later.
Bar and Restaurant owners should consult their local zoning officials as to the interpretation and applicability of this public act.