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SENATE DOCKET, NO. 417 FILED ON: 1/14/2023
SENATE . . . . . . . . . . . . . . No. 1325
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to local opt-in for permanent outdoor dining.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexPatrick M. O'ConnorFirst Plymouth and Norfolk3/6/2023 1 of 1
SENATE DOCKET, NO. 417 FILED ON: 1/14/2023
SENATE . . . . . . . . . . . . . . No. 1325
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1325) of Bruce E. Tarr and Patrick M.
O'Connor for legislation relative to local opt-in for permanent outdoor dining. Municipalities
and Regional Government.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2594 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to local opt-in for permanent outdoor dining.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Notwithstanding chapter 40A of the general laws or any special permit, variance or any
2other general or special law to the contrary, a city or town may approve requests for expansion of
3outdoor table service or extensions of earlier granted approvals, including a local licensing
4authority ("LLA") approving a request for a change description of licensed premises for the
5purpose of permitting outdoor alcohol and or service. For the purposes of this section "outdoor
6table service" shall mean restaurant service that includes food prepared on-site and under food
7permits issued by municipal authorities pursuant to 105 CMR 590.00 that is served to seated
8diners outside the restaurant building envelop, whether on a sidewalk, patio, deck, lawn, parking
9area, or other outdoor space.