CT
Connecticut House Bill HB06610

Connecticut 2021 Regular Session

Connecticut House Bill HB06610 Compare Versions

OldNewDifferences
1+
2+
3+LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06610-R01-
4+HB.docx
5+1 of 2
6+
7+General Assembly Substitute Bill No. 6610
8+January Session, 2021
19
210
311
4-Substitute House Bill No. 6610
5-
6-Special Act No. 21-3
712
813
9-AN ACT CONCERNING TH E OUTDOOR SALE OF GO ODS AND
10-PROVISION OF FOOD AN D BEVERAGE SERVICE.
14+AN ACT CONCERNING TH E PROVISION OF OUTDO OR FOOD AND
15+BEVERAGE SERVICE BY RESTAURANTS.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. (Effective from passage) (a) As used in this section:
15-(1) "Applicable laws of the state" means chapters 14, 97a, 98, 124, 126,
16-242 and 541 of the general statutes, section 22a-27j of the general statutes
17-and any special act, municipal charter, ordinance, resolution or
18-regulation;
19-(2) "COVID-19" means the respiratory disease designated by the
20-World Health Organization on February 11, 2020, as coronavirus 2019,
21-and any related mutation thereof recognized by the World Health
22-Organization as a communicable respiratory disease;
23-(3) "Food establishment" means a food establishment that is licensed
24-or permitted to operate pursuant to section 19a-36i of the general
25-statutes;
26-(4) "Local enforcement official" means a zoning enforcement officer,
27-or such officer's designee, or building official, or such official's designee;
28-(5) "Municipality" has the same meaning as provided in section 8-1a Substitute House Bill No. 6610
19+Section 1. (Effective from passage) (a) For the purposes of this section, 1
20+"food establishment" means a food establishment that is licensed or 2
21+permitted to operate pursuant to section 19a-36i of the general statutes, 3
22+and "municipality" has the same meaning as provided in section 8-1a of 4
23+the general statutes. 5
24+(b) Notwithstanding any provision of the general statutes, special act, 6
25+municipal charter or ordinance, the zoning commission of each 7
26+municipality shall allow any licensee or permittee of a food 8
27+establishment operating in such municipality to engage in outdoor food 9
28+and beverage service as an accessory use of such food establishment's 10
29+permitted use until March 31, 2022. Such accessory use shall be allowed 11
30+as of right, subject only to any required administrative site plan review 12
31+to determine conformance with zoning requirements not contemplated 13
32+by this section. 14
33+(c) Any such licensee or permittee may engage in outdoor food and 15
34+beverage service (1) on public sidewalks and other pedestrian pathways 16
35+abutting the area permitted for principal use and on which vehicular 17
36+access is not allowed, (A) provided a pathway (i) constructed in 18 Substitute Bill No. 6610
2937
30-Special Act No. 21-3 2 of 8
3138
32-of the general statutes; and
33-(6) "Outdoor activities" means outdoor food and beverage service or
34-outdoor displays of goods for sale. "Outdoor activities" shall not include
35-live entertainment.
36-(b) Notwithstanding the provisions of section 8-3b of the general
37-statutes, for the period commencing on the effective date of this section
38-and ending March 31, 2022, if a zoning administrator, chairperson of a
39-zoning commission or planning and zoning commission or chief elected
40-official of a municipality finds that a proposal to establish or change a
41-zone or regulation to expand or permit outdoor activities is necessary to
42-respond to or provide economic recovery from the COVID -19
43-pandemic, such zoning administrator, chairperson or chief elected
44-official may place such proposal on the public hearing agenda of the
45-zoning commission or planning and zoning commission, as applicable,
46-and such commission shall conduct a public hearing and act on such
47-proposal without the need to comply with the requirements of said
48-section of the general statutes.
49-(c) (1) Notwithstanding any provision of the applicable laws of the
50-state, for the period commencing on the effective date of this section and
51-ending March 31, 2022, any person making a permit application to
52-engage in outdoor activities shall make such application to a local
53-enforcement official, who shall review and make a determination on
54-each such application. If such outdoor activities will occur on a state
55-highway right-of-way, an additional permit application shall be made
56-by such person to the Department of Transportation pursuant to chapter
57-242 of the general statutes. No local enforcement official shall impose a
58-fee for a permit application under this subsection.
59-(2) Notwithstanding any provision of the applicable laws of the state,
60-for the period commencing on the effective date of this section and
61-ending March 31, 2022, any person who makes a permit application to a Substitute House Bill No. 6610
39+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06610-
40+R01-HB.docx }
41+2 of 2
6242
63-Special Act No. 21-3 3 of 8
43+compliance with physical accessibility guidelines, as applicable, under 19
44+the federal Americans with Disabilities Act, 42 USC 12101, et seq, as 20
45+amended from time to time, and (ii) the length of the lot upon which the 21
46+area permitted for principal use is located, and not less than six feet in 22
47+width, not including any area on a street or highway, shall remain 23
48+unobstructed for pedestrian use, and (B) subject to reasonable 24
49+conditions imposed by the municipal official or agency that issues right-25
50+of-way or obstruction permits; (2) on off-street parking spaces 26
51+associated with the permitted use, notwithstanding any municipal 27
52+ordinance establishing minimum requirements for off-street parking; (3) 28
53+on any lot, yard, court or open space abutting the area permitted for 29
54+principal use, provided (A) such lot, yard, court or open space is located 30
55+in a zoning district where the operation of food establishments is 31
56+permitted, and (B) the licensee or permittee obtains written 32
57+authorization to engage in such service from the owner of such lot, yard, 33
58+court or open space and provides a copy of such authorization to the 34
59+zoning commission; and (4) until nine o'clock p.m., or a time established 35
60+by the zoning regulations of the municipality, whichever is later. 36
61+This act shall take effect as follows and shall amend the following
62+sections:
6463
65-local enforcement official to engage in outdoor activities shall not be
66-required to submit (A) plans stamped by a licensed engineer, landscape
67-architect or architect, (B) a site survey, (C) a parking plan, (D) a traffic
68-study or plan, (E) a sign plan, (F) a soil erosion and sediment control
69-plan, (G) a photometric lighting plan, or (H) a stormwater management
70-plan, provided such person submits, at a minimum, a (i) drawing or
71-illustration, roughly to scale or dimensioned and depicting with
72-reasonable accuracy the outdoor area proposed to be used and what is
73-proposed to be placed, built or erected in the outdoor area, and (ii)
74-written narrative describing any noise, waste management, odor, light
75-pollution or environmental impacts expected in such outdoor area as a
76-result of such outdoor activities and an explanation of how such impacts
77-will be mitigated. The local enforcement official reviewing such
78-application may require an applicant to submit additional information
79-that such officer deems necessary to protect public health, safety or the
80-environment, provided such officer shall consider the need for
81-expedited review of such applications.
82-(3) Notwithstanding any provision of the applicable laws of the state,
83-for the period commencing on the effective date of this section and
84-ending March 31, 2022, each local enforcement official shall approve,
85-approve with conditions or reject any application for outdoor activities
86-and notify each applicant of such decision in a manner prescribed by the
87-local enforcement official not later than (A) ten days after the receipt of
88-such application, or (B) ten days after the receipt of any additional
89-information requested by the local enforcement official pursuant to
90-subdivision (1) of this subsection. The failure of any local enforcement
91-official to provide such notice shall be deemed to be an approval of such
92-application.
93-(4) Notwithstanding any provision of the applicable laws of the state,
94-for the period commencing on the effective date of this section and
95-ending March 31, 2022, if a local enforcement official approves with Substitute House Bill No. 6610
64+Section 1 from passage New section
9665
97-Special Act No. 21-3 4 of 8
66+PD Joint Favorable Subst.
9867
99-conditions or rejects an application pursuant to subdivision (3) of this
100-subsection, the applicant may appeal such decision, not later than seven
101-days after the receipt of notice of such decision, to the zoning
102-commission, planning and zoning commission or chief elected official
103-of the municipality, as applicable. A public hearing shall not be required
104-for any such appeal.
105-(5) Notwithstanding any provision of the applicable laws of the state,
106-for the period commencing on the effective date of this section and
107-ending March 31, 2022, nothing in this subsection shall affect an
108-individual's right to submit a complaint to any relevant municipal
109-authority or the right of any such municipal authority to enforce
110-conditions or requirements associated with permitted outdoor
111-activities, impose fines or issue notices of violations or cease and desist
112-orders.
113-(d) Notwithstanding any provision of the applicable laws of the state,
114-for the period commencing on the effective date of this section and
115-ending March 31, 2022, any person permitted to engage in outdoor
116-activities may engage in such activities (1) on public sidewalks and other
117-pedestrian pathways abutting the area permitted for principal use and
118-on which vehicular access is not allowed, (A) provided a pathway (i) is
119-constructed in compliance with physical accessibility guidelines, as
120-applicable, under the federal Americans with Disabilities Act, 42 USC
121-12101, et seq., as amended from time to time, and (ii) such pathway
122-extends for the length of the lot upon which the area permitted for
123-principal use is located, is not less than four feet in width, not including
124-any area on a street or highway, and remains unobstructed for
125-pedestrian use, and (B) subject to reasonable conditions imposed by the
126-municipal official or agency that issues right-of-way or obstruction
127-permits, (2) on off-street parking spaces or parking lots associated with
128-the permitted use, notwithstanding any municipal ordinance
129-establishing minimum requirements for off-street parking, (3) on any Substitute House Bill No. 6610
130-
131-Special Act No. 21-3 5 of 8
132-
133-lot, streetface, yard, court or open space abutting, or noncontiguous lot
134-that is not more than one lot, streetface, yard, court or open space
135-removed from, the area permitted for the principal use, provided (A)
136-such lot, streetface, yard, court or open space is located in a zoning
137-district where outdoor activities are permitted, (B) such use is in
138-compliance with any applicable requirements for access or pathways
139-pursuant to physical accessibility guidelines under the federal
140-Americans with Disabilities Act, 42 USC 12101, et seq., as amended from
141-time to time, and (C) such person obtains written authorization to
142-engage in such outdoor activities from the owner of such lot, streetface,
143-yard, court or open space and provides a copy of such authorization to
144-the zoning commission, and (4) until eleven o'clock p.m. on Friday and
145-Saturday and nine o'clock p.m. on all other days of the week, or until
146-times established by the zoning commission, planning and zoning
147-commission or chief elected official of the municipality, as applicable,
148-whichever is later.
149-(e) (1) Notwithstanding any provision of the applicable laws of the
150-state, for the period commencing on the effective date of this section and
151-ending March 31, 2022, the Department of Transportation may allow
152-any person to engage in outdoor activities on a nonvehicular portion of
153-a state highway right-of-way, provided the department establishes any
154-conditions on such use, as deemed necessary by the Commissioner of
155-Transportation.
156-(2) For the period commencing on the effective date of this section
157-and ending March 31, 2022, outdoor activities shall be considered a
158-special event for the purposes of section 14-298-262 of the regulations of
159-Connecticut state agencies.
160-(3) Notwithstanding any provision of the applicable laws of the state,
161-for the period commencing on the effective date of this section and
162-ending March 31, 2022, any municipality shall request a special event
163-permit from the Department of Transportation before closing any part Substitute House Bill No. 6610
164-
165-Special Act No. 21-3 6 of 8
166-
167-of a vehicular portion of a state highway right-of-way for outdoor
168-activities, in accordance with the provisions of section 14-298-262 of the
169-regulations of Connecticut state agencies. The Department of
170-Transportation shall expedite its review of any such request.
171-(4) Notwithstanding any provision of the applicable laws of the state,
172-for the period commencing on the effective date of this section and
173-ending March 31, 2022, any municipal official having jurisdiction over
174-local roads, in consultation with the municipality's local traffic
175-authority, may close a local road to permit outdoor activities without
176-conducting a public hearing, except that if such local road is utilized as
177-part of a public transportation route, such official shall consult with the
178-Department of Transportation.
179-(f) Notwithstanding any provision of title 30 of the general statutes
180-or any provision of the regulations of Connecticut state agencies, for the
181-period commencing on the effective date of this section and ending
182-March 31, 2022, no entity that is licensed to serve alcoholic beverages
183-shall be required to obtain a patio or extension of use permit to engage
184-in outdoor activities, provided such entity: (1) Complies with the
185-provisions of this section, (2) complies with any rules for outdoor
186-dining, including, but not limited to, safety or social distancing
187-requirements issued by the Governor, the Department of Economic and
188-Community Development or other agency or entity authorized by law
189-or pursuant to an executive order, to issue such requirements in
190-response to the COVID-19 pandemic, (3) complies with any municipal
191-requirements related to outdoor dining or the sale of alcoholic beverages
192-that are consistent with the provisions of this section, (4) complies with
193-any provision of title 30 of the general statutes or regulations of
194-Connecticut state agencies regarding the prohibition of the sale of
195-alcohol to minors or intoxicated persons or regarding restrictions on the
196-times such entity may serve alcoholic beverages, (5) complies with any
197-rules in effect limiting or restricting the sale or consumption of alcoholic Substitute House Bill No. 6610
198-
199-Special Act No. 21-3 7 of 8
200-
201-beverages only to customers who consume food on such entity's
202-premises, (6) does not maintain an outdoor consumer bar, as defined in
203-section 30-62a of the general statutes, and (7) does not provide live
204-entertainment, unless such entertainment was previously permitted in
205-such entity's outdoor space or such entity obtains permission from the
206-applicable municipal official to provide live entertainment, and the
207-provision of such entertainment complies with any relevant safety or
208-social distancing requirements issued by the Governor, the Department
209-of Economic and Community Development or other agency or entity
210-authorized by law or pursuant to an executive order, to issue such
211-requirements in response to the COVID-19 pandemic.
212-(g) Any outdoor activity allowed pursuant to Executive Order No.
213-7MM of Governor Ned Lamont prior to the effective date of this section
214-shall be deemed approved and permitted in accordance with the
215-requirements of this section until March 31, 2022, without need for
216-reapplication, (1) provided an additional application shall be made for
217-any expansion of a previously approved outdoor activity, except if such
218-expansion is solely related to alterations to reduce the width of a
219-pathway required pursuant to subdivision (1) of subsection (d) of this
220-section, provided such pathway is not reduced to less than four feet in
221-width, and (2) except that any person engaging in a previously
222-approved outdoor activity on a state highway right-of-way who seeks
223-to continue such outdoor activity after April 19, 2021, shall make an
224-application to the Department of Transportation pursuant to chapter
225-242 of the general statutes to ensure compliance with relevant federal
226-requirements.
227-(h) Notwithstanding any provision of the applicable laws of the state,
228-nothing in this section shall alter or affect a nonconforming use or
229-structure or prohibit any person from seeking or obtaining approval for
230-engaging in outdoor activities pursuant to existing municipal zoning
231-regulations. Substitute House Bill No. 6610
232-
233-Special Act No. 21-3 8 of 8
234-
235-(i) For the period commencing on the effective date of this section and
236-ending March 31, 2022, any minimum requirement for off-street parking
237-or requirement prohibiting outdoor activities from taking place on
238-parking lots shall not apply to the extent required to allow outdoor
239-activities alone or in conjunction with any other activity authorized by
240-law, executive order or municipal regulations, including any activity
241-required to enable the response to the COVID-19 pandemic.
242-(j) The provisions of this section shall be liberally construed to
243-promote the continuation of outdoor activities, as permitted by
244-Executive Order No. 7MM of Governor Ned Lamont.
245-Approved March 31, 2021