Substitute House Bill No. 6610
Special Act No. 21-3
AN ACT CONCERNING TH E OUTDOOR SALE OF GO ODS AND
PROVISION OF FOOD AN D BEVERAGE SERVICE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) As used in this section:
(1) "Applicable laws of the state" means chapters 14, 97a, 98, 124, 126,
242 and 541 of the general statutes, section 22a-27j of the general statutes
and any special act, municipal charter, ordinance, resolution or
regulation;
(2) "COVID-19" means the respiratory disease designated by the
World Health Organization on February 11, 2020, as coronavirus 2019,
and any related mutation thereof recognized by the World Health
Organization as a communicable respiratory disease;
(3) "Food establishment" means a food establishment that is licensed
or permitted to operate pursuant to section 19a-36i of the general
statutes;
(4) "Local enforcement official" means a zoning enforcement officer,
or such officer's designee, or building official, or such official's designee;
(5) "Municipality" has the same meaning as provided in section 8-1a Substitute House Bill No. 6610
Special Act No. 21-3 2 of 8
of the general statutes; and
(6) "Outdoor activities" means outdoor food and beverage service or
outdoor displays of goods for sale. "Outdoor activities" shall not include
live entertainment.
(b) Notwithstanding the provisions of section 8-3b of the general
statutes, for the period commencing on the effective date of this section
and ending March 31, 2022, if a zoning administrator, chairperson of a
zoning commission or planning and zoning commission or chief elected
official of a municipality finds that a proposal to establish or change a
zone or regulation to expand or permit outdoor activities is necessary to
respond to or provide economic recovery from the COVID -19
pandemic, such zoning administrator, chairperson or chief elected
official may place such proposal on the public hearing agenda of the
zoning commission or planning and zoning commission, as applicable,
and such commission shall conduct a public hearing and act on such
proposal without the need to comply with the requirements of said
section of the general statutes.
(c) (1) Notwithstanding any provision of the applicable laws of the
state, for the period commencing on the effective date of this section and
ending March 31, 2022, any person making a permit application to
engage in outdoor activities shall make such application to a local
enforcement official, who shall review and make a determination on
each such application. If such outdoor activities will occur on a state
highway right-of-way, an additional permit application shall be made
by such person to the Department of Transportation pursuant to chapter
242 of the general statutes. No local enforcement official shall impose a
fee for a permit application under this subsection.
(2) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, any person who makes a permit application to a Substitute House Bill No. 6610
Special Act No. 21-3 3 of 8
local enforcement official to engage in outdoor activities shall not be
required to submit (A) plans stamped by a licensed engineer, landscape
architect or architect, (B) a site survey, (C) a parking plan, (D) a traffic
study or plan, (E) a sign plan, (F) a soil erosion and sediment control
plan, (G) a photometric lighting plan, or (H) a stormwater management
plan, provided such person submits, at a minimum, a (i) drawing or
illustration, roughly to scale or dimensioned and depicting with
reasonable accuracy the outdoor area proposed to be used and what is
proposed to be placed, built or erected in the outdoor area, and (ii)
written narrative describing any noise, waste management, odor, light
pollution or environmental impacts expected in such outdoor area as a
result of such outdoor activities and an explanation of how such impacts
will be mitigated. The local enforcement official reviewing such
application may require an applicant to submit additional information
that such officer deems necessary to protect public health, safety or the
environment, provided such officer shall consider the need for
expedited review of such applications.
(3) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, each local enforcement official shall approve,
approve with conditions or reject any application for outdoor activities
and notify each applicant of such decision in a manner prescribed by the
local enforcement official not later than (A) ten days after the receipt of
such application, or (B) ten days after the receipt of any additional
information requested by the local enforcement official pursuant to
subdivision (1) of this subsection. The failure of any local enforcement
official to provide such notice shall be deemed to be an approval of such
application.
(4) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, if a local enforcement official approves with Substitute House Bill No. 6610
Special Act No. 21-3 4 of 8
conditions or rejects an application pursuant to subdivision (3) of this
subsection, the applicant may appeal such decision, not later than seven
days after the receipt of notice of such decision, to the zoning
commission, planning and zoning commission or chief elected official
of the municipality, as applicable. A public hearing shall not be required
for any such appeal.
(5) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, nothing in this subsection shall affect an
individual's right to submit a complaint to any relevant municipal
authority or the right of any such municipal authority to enforce
conditions or requirements associated with permitted outdoor
activities, impose fines or issue notices of violations or cease and desist
orders.
(d) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, any person permitted to engage in outdoor
activities may engage in such activities (1) on public sidewalks and other
pedestrian pathways abutting the area permitted for principal use and
on which vehicular access is not allowed, (A) provided a pathway (i) is
constructed in compliance with physical accessibility guidelines, as
applicable, under the federal Americans with Disabilities Act, 42 USC
12101, et seq., as amended from time to time, and (ii) such pathway
extends for the length of the lot upon which the area permitted for
principal use is located, is not less than four feet in width, not including
any area on a street or highway, and remains unobstructed for
pedestrian use, and (B) subject to reasonable conditions imposed by the
municipal official or agency that issues right-of-way or obstruction
permits, (2) on off-street parking spaces or parking lots associated with
the permitted use, notwithstanding any municipal ordinance
establishing minimum requirements for off-street parking, (3) on any Substitute House Bill No. 6610
Special Act No. 21-3 5 of 8
lot, streetface, yard, court or open space abutting, or noncontiguous lot
that is not more than one lot, streetface, yard, court or open space
removed from, the area permitted for the principal use, provided (A)
such lot, streetface, yard, court or open space is located in a zoning
district where outdoor activities are permitted, (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, 42 USC 12101, et seq., as amended from
time to time, and (C) such person obtains written authorization to
engage in such outdoor activities from the owner of such lot, streetface,
yard, court or open space and provides a copy of such authorization to
the zoning commission, and (4) until eleven o'clock p.m. on Friday and
Saturday and nine o'clock p.m. on all other days of the week, or until
times established by the zoning commission, planning and zoning
commission or chief elected official of the municipality, as applicable,
whichever is later.
(e) (1) Notwithstanding any provision of the applicable laws of the
state, for the period commencing on the effective date of this section and
ending March 31, 2022, the Department of Transportation may allow
any person to engage in outdoor activities on a nonvehicular portion of
a state highway right-of-way, provided the department establishes any
conditions on such use, as deemed necessary by the Commissioner of
Transportation.
(2) For the period commencing on the effective date of this section
and ending March 31, 2022, outdoor activities shall be considered a
special event for the purposes of section 14-298-262 of the regulations of
Connecticut state agencies.
(3) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, any municipality shall request a special event
permit from the Department of Transportation before closing any part Substitute House Bill No. 6610
Special Act No. 21-3 6 of 8
of a vehicular portion of a state highway right-of-way for outdoor
activities, in accordance with the provisions of section 14-298-262 of the
regulations of Connecticut state agencies. The Department of
Transportation shall expedite its review of any such request.
(4) Notwithstanding any provision of the applicable laws of the state,
for the period commencing on the effective date of this section and
ending March 31, 2022, any municipal official having jurisdiction over
local roads, in consultation with the municipality's local traffic
authority, may close a local road to permit outdoor activities without
conducting a public hearing, except that if such local road is utilized as
part of a public transportation route, such official shall consult with the
Department of Transportation.
(f) Notwithstanding any provision of title 30 of the general statutes
or any provision of the regulations of Connecticut state agencies, for the
period commencing on the effective date of this section and ending
March 31, 2022, no entity that is licensed to serve alcoholic beverages
shall be required to obtain a patio or extension of use permit to engage
in outdoor activities, provided such entity: (1) Complies with the
provisions of this section, (2) complies with any rules for outdoor
dining, including, but not limited to, safety or social distancing
requirements issued by the Governor, the Department of Economic and
Community Development or other agency or entity authorized by law
or pursuant to an executive order, to issue such requirements in
response to the COVID-19 pandemic, (3) complies with any municipal
requirements related to outdoor dining or the sale of alcoholic beverages
that are consistent with the provisions of this section, (4) complies with
any provision of title 30 of the general statutes or regulations of
Connecticut state agencies regarding the prohibition of the sale of
alcohol to minors or intoxicated persons or regarding restrictions on the
times such entity may serve alcoholic beverages, (5) complies with any
rules in effect limiting or restricting the sale or consumption of alcoholic Substitute House Bill No. 6610
Special Act No. 21-3 7 of 8
beverages only to customers who consume food on such entity's
premises, (6) does not maintain an outdoor consumer bar, as defined in
section 30-62a of the general statutes, and (7) does not provide live
entertainment, unless such entertainment was previously permitted in
such entity's outdoor space or such entity obtains permission from the
applicable municipal official to provide live entertainment, and the
provision of such entertainment complies with any relevant safety or
social distancing requirements issued by the Governor, the Department
of Economic and Community Development or other agency or entity
authorized by law or pursuant to an executive order, to issue such
requirements in response to the COVID-19 pandemic.
(g) Any outdoor activity allowed pursuant to Executive Order No.
7MM of Governor Ned Lamont prior to the effective date of this section
shall be deemed approved and permitted in accordance with the
requirements of this section until March 31, 2022, without need for
reapplication, (1) provided an additional application shall be made for
any expansion of a previously approved outdoor activity, except if such
expansion is solely related to alterations to reduce the width of a
pathway required pursuant to subdivision (1) of subsection (d) of this
section, provided such pathway is not reduced to less than four feet in
width, and (2) except that any person engaging in a previously
approved outdoor activity on a state highway right-of-way who seeks
to continue such outdoor activity after April 19, 2021, shall make an
application to the Department of Transportation pursuant to chapter
242 of the general statutes to ensure compliance with relevant federal
requirements.
(h) Notwithstanding any provision of the applicable laws of the state,
nothing in this section shall alter or affect a nonconforming use or
structure or prohibit any person from seeking or obtaining approval for
engaging in outdoor activities pursuant to existing municipal zoning
regulations. Substitute House Bill No. 6610
Special Act No. 21-3 8 of 8
(i) For the period commencing on the effective date of this section and
ending March 31, 2022, any minimum requirement for off-street parking
or requirement prohibiting outdoor activities from taking place on
parking lots shall not apply to the extent required to allow outdoor
activities alone or in conjunction with any other activity authorized by
law, executive order or municipal regulations, including any activity
required to enable the response to the COVID-19 pandemic.
(j) The provisions of this section shall be liberally construed to
promote the continuation of outdoor activities, as permitted by
Executive Order No. 7MM of Governor Ned Lamont.
Approved March 31, 2021