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General Assembly Substitute Bill No. 6610
January Session, 2021
AN ACT CONCERNING TH E PROVISION OF OUTDO OR FOOD AND
BEVERAGE SERVICE BY RESTAURANTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) For the purposes of this section, 1
"food establishment" means a food establishment that is licensed or 2
permitted to operate pursuant to section 19a-36i of the general statutes, 3
and "municipality" has the same meaning as provided in section 8-1a of 4
the general statutes. 5
(b) Notwithstanding any provision of the general statutes, special act, 6
municipal charter or ordinance, the zoning commission of each 7
municipality shall allow any licensee or permittee of a food 8
establishment operating in such municipality to engage in outdoor food 9
and beverage service as an accessory use of such food establishment's 10
permitted use until March 31, 2022. Such accessory use shall be allowed 11
as of right, subject only to any required administrative site plan review 12
to determine conformance with zoning requirements not contemplated 13
by this section. 14
(c) Any such licensee or permittee may engage in outdoor food and 15
beverage service (1) on public sidewalks and other pedestrian pathways 16
abutting the area permitted for principal use and on which vehicular 17
access is not allowed, (A) provided a pathway (i) constructed in 18 Substitute Bill No. 6610
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compliance with physical accessibility guidelines, as applicable, under 19
the federal Americans with Disabilities Act, 42 USC 12101, et seq, as 20
amended from time to time, and (ii) the length of the lot upon which the 21
area permitted for principal use is located, and not less than six feet in 22
width, not including any area on a street or highway, shall remain 23
unobstructed for pedestrian use, and (B) subject to reasonable 24
conditions imposed by the municipal official or agency that issues right-25
of-way or obstruction permits; (2) on off-street parking spaces 26
associated with the permitted use, notwithstanding any municipal 27
ordinance establishing minimum requirements for off-street parking; (3) 28
on any lot, yard, court or open space abutting the area permitted for 29
principal use, provided (A) such lot, yard, court or open space is located 30
in a zoning district where the operation of food establishments is 31
permitted, and (B) the licensee or permittee obtains written 32
authorization to engage in such service from the owner of such lot, yard, 33
court or open space and provides a copy of such authorization to the 34
zoning commission; and (4) until nine o'clock p.m., or a time established 35
by the zoning regulations of the municipality, whichever is later. 36
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
PD Joint Favorable Subst.