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General Assembly Substitute Bill No. 6606
January Session, 2021
AN ACT CONCERNING TH E COME HOME TO DOWNT OWN
PROGRAM, THE RENOVAT ION OF HISTORIC MIXED-USE
BUILDINGS IN THE STATE AND OUTDOOR DININ G.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) The Commissioner of Economic and 1
Community Development shall conduct a study relating to the 2
Connecticut Housing Finance Authority's Come Home to Downtown 3
program. Such study shall examine the scalability of such program. Not 4
later than February 1, 2022, the commissioner shall submit a report on 5
the results of such study to the joint standing committee of the General 6
Assembly having cognizance of matters relating to commerce, in 7
accordance with the provisions of section 11-4a of the general statutes. 8
Sec. 2. (Effective from passage) (a) There is established a task force to 9
study any impediments to the renovation of historic mixed-use 10
buildings located in municipalities, including, but not limited to, 11
distressed municipalities in the state. The task force shall (1) examine 12
any financing tools that may assist in the renovation of such buildings 13
and building safety codes that may be impediments to the renovation of 14
such buildings; and (2) consider whether the state should implement a 15
small real estate developer training program or a capacity building 16
program. 17 Substitute Bill No. 6606
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(b) The task force shall consist of the following members: 18
(1) Two appointed by the speaker of the House of Representatives; 19
(2) Two appointed by the president pro tempore of the Senate; 20
(3) One appointed by the majority leader of the House of 21
Representatives; 22
(4) One appointed by the majority leader of the Senate; 23
(5) One appointed by the minority leader of the House of 24
Representatives; 25
(6) One appointed by the minority leader of the Senate; 26
(7) The Commissioner of Economic and Community Development, 27
or the commissioner's designee; 28
(8) The Commissioner of Housing, or the commissioner's designee; 29
(9) The Banking Commissioner, or the commissioner's designee; 30
(10) The Commissioner of Administrative Services, or the 31
commissioner's designee; and 32
(11) Three persons appointed by the Governor. 33
(c) Any member of the task force appointed under subdivision (1), 34
(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 35
of the General Assembly. 36
(d) All initial appointments to the task force shall be made not later 37
than thirty days after the effective date of this section. Any vacancy shall 38
be filled by the appointing authority. 39
(e) The speaker of the House of Representatives and the president pro 40
tempore of the Senate shall select the chairpersons of the task force from 41
among the members of the task force. Such chairpersons shall schedule 42 Substitute Bill No. 6606
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the first meeting of the task force, which shall be held not later than sixty 43
days after the effective date of this section. 44
(f) The administrative staff of the joint standing committee of the 45
General Assembly having cognizance of matters relating to commerce 46
shall serve as administrative staff of the task force. 47
(g) Not later than January 1, 2022, the task force shall submit a report 48
on its findings and recommendations to the joint standing committee of 49
the General Assembly having cognizance of matters relating to 50
commerce, in accordance with the provisions of section 11-4a of the 51
general statutes. The task force shall terminate on the date that it 52
submits such report or January 1, 2022, whichever is later. 53
Sec. 3. (Effective from passage) (a) As used in this section: 54
(1) "Applicable laws of the state" means chapters 14, 97a, 98, 124, 126, 55
242 and 541 of the general statutes, section 22a-27j of the general statutes 56
and any special act, municipal charter, ordinance, resolution or 57
regulation; 58
(2) "COVID-19" means the respiratory disease designated by the 59
World Health Organization on February 11, 2020, as coronavirus 2019, 60
and any related mutation thereof recognized by the World Health 61
Organization as a communicable respiratory disease; 62
(3) "COVID-19 signage" means any outdoor, noninternally 63
illuminated, nonanimated signage that is not more than fifteen square 64
feet in size and contains directions, social distancing instructions or 65
other signage that may customarily be displayed within a building, 66
including, but not limited to, menus or specials; 67
(4) "Food establishment" means a food establishment that is licensed 68
or permitted to operate pursuant to section 19a-36i of the general 69
statutes; 70
(5) "Local enforcement official" means a zoning administrator, or such 71 Substitute Bill No. 6606
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administrator's designee, or building code official, or such official's 72
designee; 73
(6) "Municipality" has the same meaning as provided in section 8-1a 74
of the general statutes; and 75
(7) "Outdoor activities" means outdoor food and beverage service or 76
outdoor displays of goods, which activities end at eleven o'clock p.m. or 77
earlier on Friday and Saturday nights and end at nine o'clock p.m. or 78
earlier on all other days of the week, or the display of COVID-19 79
signage, but does not mean live entertainment. 80
(b) Notwithstanding the provisions of section 8-3b of the general 81
statutes, for the period of time commencing on the effective date of this 82
section and ending June 30, 2022, if a zoning administrator, chairperson 83
of a zoning commission or planning and zoning commission or chief 84
elected official finds that a proposal is necessary to respond to the 85
COVID-19 pandemic, including, but not limited to, making changes to 86
permit outdoor activities, such zoning administrator, chairperson or 87
chief elected official may place such proposal or cause such proposal to 88
be placed on the public hearing agenda of a zoning commission or a 89
planning and zoning commission, as applicable, and such commission 90
shall conduct a public hearing and act on such proposal without 91
complying with the requirements of section 8-3b of the general statutes. 92
(c) Notwithstanding any provision of the applicable laws of the state, 93
for the period of time commencing on the effective date of this section 94
and ending June 30, 2022, any permit application for outdoor activities 95
shall be made to a local enforcement official, who shall review and make 96
a determination on each such application. 97
(d) (1) Notwithstanding any provision of the applicable laws of the 98
state, the zoning commission, planning and zoning commission or chief 99
elected official of each municipality, as applicable, shall allow any 100
licensee or permittee of a food establishment operating in such 101
municipality to engage in outdoor food and beverage service as an 102 Substitute Bill No. 6606
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accessory use of such food establishment's permitted use until June 30, 103
2022. Such accessory use shall be allowed as of right, subject only to any 104
required administrative site plan review to determine conformance with 105
zoning requirements not contemplated by this section. 106
(2) Any such licensee or permittee may engage in outdoor food and 107
beverage service (A) on public sidewalks and other pedestrian 108
pathways abutting the area permitted for principal use and on which 109
vehicular access is not allowed, (i) provided a pathway (I) constructed 110
in compliance with physical accessibility guidelines, as applicable, 111
under the federal Americans with Disabilities Act, 42 USC 12101, et seq., 112
as amended from time to time, and (II) the length of the lot upon which 113
the area permitted for principal use is located, and not less than six feet 114
in width, not including any area on a street or highway, shall remain 115
unobstructed for pedestrian use, and (ii) subject to reasonable 116
conditions imposed by the municipal official or agency that issues right-117
of-way or obstruction permits; (B) on off-street parking spaces 118
associated with the permitted use, notwithstanding any municipal 119
ordinance establishing minimum requirements for off-street parking; 120
(C) on any lot, yard, court or open space abutting the area permitted for 121
principal use, provided (i) such lot, yard, court or open space is located 122
in a zoning district where the operation of food establishments is 123
permitted, and (ii) the licensee or permittee obtains written 124
authorization to engage in such service from the owner of such lot, yard, 125
court or open space and provides a copy of such authorization to the 126
zoning commission; and (D) until nine o'clock p.m., or a time established 127
by the zoning regulations of the municipality, whichever is later. 128
(3) Nothing in this subsection shall require a municipality or local 129
enforcement official to (A) permit the sale or service of alcoholic 130
beverages by any licensee or permittee of a food establishment 131
operating in such municipality as a principal or accessory use anywhere 132
that such activity is not permitted as a principal or accessory use, or (B) 133
permit any licensee or permittee of a food establishment operating in 134
such municipality to operate an outdoor bar. 135 Substitute Bill No. 6606
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(e) (1) Notwithstanding any provision of the applicable laws of the 136
state, for the period of time commencing on the effective date of this 137
section and ending June 30, 2022, any person who submits an 138
application to engage in outdoor activities in accordance with 139
subsection (c) of this section shall not be required to submit (A) plans 140
stamped by a licensed engineer, landscape architect or architect, (B) a 141
site survey, (C) a parking plan, (D) a traffic study or plan, (E) a sign plan, 142
(F) a soil erosion and sediment control plan, (G) a photometric lighting 143
plan, or (H) a stormwater management plan, provided such person 144
submits, at a minimum, a drawing or illustration, roughly to scale or 145
dimensioned and depicting with reasonable accuracy the outdoor area 146
that is proposed to be used and what is proposed to be placed, built or 147
erected in the outdoor area and a narrative that details any noise, waste 148
management, odor, light pollution and environmental impacts expected 149
for such outdoor area and an explanation regarding how such impacts 150
will be mitigated. The local enforcement official reviewing such 151
application may require an applicant to submit additional information 152
that he or she deems necessary to protect public health, safety or the 153
environment, provided such official shall consider the need for 154
expedited review of such applications. 155
(2) Notwithstanding any provision of the applicable laws of the state, 156
for the period of time commencing on the effective date of this section 157
and ending June 30, 2022, each local enforcement official shall approve, 158
approve with conditions or reject any application for outdoor activities 159
and notify each applicant of such decision in a manner prescribed by the 160
local enforcement official not later than (A) ten days after the receipt of 161
such application, or (B) ten days after the receipt of any additional 162
information requested by the local enforcement official pursuant to 163
subdivision (1) of this subsection. The failure of any local enforcement 164
official to provide such notice shall be deemed to be an approval of such 165
application. 166
(3) Notwithstanding any provision of the applicable laws of the state, 167
if a local enforcement official approves with conditions or rejects an 168 Substitute Bill No. 6606
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application pursuant to subdivision (2) of this subsection, the applicant 169
may appeal such decision, not later than seven days after the receipt of 170
notice of such decision, to the zoning commission, planning and zoning 171
commission or chief elected official of the municipality, as applicable. A 172
public hearing shall not be required for any such appeal. 173
(4) Notwithstanding any provision of the applicable laws of the state, 174
for the period of time commencing on the effective date of this section 175
and ending June 30, 2022, nothing in this subsection shall affect an 176
individual's right to submit a complaint to any relevant municipal 177
authority or the right of any such municipal authority to enforce 178
conditions associated with a permitted outdoor activity, impose fines or 179
issue a notice of violation or a cease and desist order. 180
(5) Notwithstanding any provision of the applicable laws of the state, 181
for the period of time commencing on the effective date of this section 182
and ending June 30, 2022, no fees shall be imposed for the filing of any 183
application to engage in outdoor activities. 184
(f) Notwithstanding any provision of the applicable laws of the state, 185
for the period of time commencing on the effective date of this section 186
and ending June 30, 2022, the zoning commission, planning and zoning 187
commission or chief elected official of each municipality shall allow any 188
licensee or permittee of a food establishment operating in such 189
municipality to engage in outdoor food and beverage service on any 190
nearby lot, zoning lot, street face or yard, provided the owner of any 191
such lot, street face or yard on which such outdoor activity is proposed 192
to take place provides written permission for such outdoor activity to 193
the local enforcement official and such lot, street face or yard is zoned 194
for commercial use or located in a commercial zoning district. 195
(g) (1) Notwithstanding any provision of the applicable laws of the 196
state, for the period of time commencing on the effective date of this 197
section and ending June 30, 2022, the zoning commission, planning and 198
zoning commission or chief elected official of each municipality shall 199
allow any licensee or permittee of a food establishment operating in 200 Substitute Bill No. 6606
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such municipality to engage in outdoor activities on public sidewalks or 201
other nonvehicular public rights-of-way, provided a six-foot clearance 202
for pedestrian passage is maintained and such food establishment 203
complies with any other reasonable restrictions imposed by the 204
municipal department with jurisdiction over sidewalk obstruction 205
permits. 206
(2) Notwithstanding any provision of the applicable laws of the state, 207
for the period of time commencing on the effective date of this section 208
and ending June 30, 2022, the Department of Transportation may allow 209
any licensee or permittee of a food establishment to engage in outdoor 210
activities on a nonvehicular portion of a state highway right-of-way, 211
provided the department may establish any conditions on such use, as 212
deemed necessary by the Commissioner of Transportation. 213
(h) (1) Notwithstanding any provision of the applicable laws of the 214
state, for the period of time commencing on the effective date of this 215
section and ending June 30, 2022, any municipal official having 216
jurisdiction over local roads, in consultation with each municipality's 217
local traffic authority, may close a local road to permit outdoor activities 218
without conducting a public hearing, provided, if such local road is used 219
for public transportation routes, such official shall consult with the 220
Department of Transportation. 221
(2) (A) Notwithstanding the provisions of section 14-298-262 of the 222
regulations of Connecticut state agencies, for the period of time 223
commencing on the effective date of this section and ending June 30, 224
2022, outdoor activities shall be considered a special event for the 225
purposes of said section. 226
(B) Notwithstanding any provision of the applicable laws of the state, 227
for the period of time commencing on the effective date of this section 228
and ending June 30, 2022, any municipality shall submit a request for a 229
special event permit to the Department of Transportation before closing 230
any part of a vehicular portion of a state highway right-of-way for 231
outdoor activities, in accordance with the provisions of section 14-298-232 Substitute Bill No. 6606
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262 of the regulations of Connecticut state agencies. The Department of 233
Transportation shall expedite its review of any such request. 234
(i) Notwithstanding any provision of the applicable laws of the state, 235
nothing in this section shall not alter or affect a nonconforming use or 236
structure as provided in section 8-2 of the general statutes. 237
(j) Notwithstanding any provision of title 30 of the general statutes or 238
any provision of the regulations of Connecticut state agencies, for the 239
period of time commencing on the effective date of this section and 240
ending June 30, 2022, no entity that is licensed to serve alcoholic 241
beverages shall be required to obtain a patio or extension of use permit 242
to engage in outdoor activities, provided such entity: (1) Complies with 243
the provisions of this section; (2) complies with any rules for outdoor 244
dining, including, but not limited to, social distancing requirements 245
issued by the Department of Economic and Community Development 246
in response to the COVID-19 pandemic; (3) complies with any 247
municipal requirements related to outdoor dining or the sale of 248
alcoholic beverages that are consistent with the provisions of this 249
section; (4) complies with any provision of title 30 of the general statutes 250
or regulations of Connecticut state agencies regarding the prohibition of 251
the sale of alcohol to minors or intoxicated persons or regarding 252
restrictions on the times such entity may serve alcoholic beverages; (5) 253
only serves alcoholic beverages to customers who also consume food 254
prepared on such entity's premises or from a food truck located adjacent 255
to such entity's premises; (6) does not maintain an outdoor consumer 256
bar, as defined in section 30-62a of the general statutes; (7) does not 257
provide live entertainment, except that such entity may provide live 258
entertainment if such entertainment was previously permitted in such 259
entity's outdoor space or such entity obtains permission pursuant to this 260
section to provide outdoor entertainment and such entertainment 261
complies with any social distancing requirements issued by the 262
Department of Economic and Community Development in response to 263
the COVID-19 pandemic; and (8) if such entity is a caterer, only serves 264
alcoholic beverages at locations with on-premises permits for the service 265 Substitute Bill No. 6606
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of alcoholic beverages. 266
(k) The provisions of this section shall be liberally construed to 267
promote the continuation of outdoor dining, as permitted by Executive 268
Order No. 7MM of Governor Ned Lamont. 269
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
CE Joint Favorable Subst.