| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 2913 FILED ON: 1/16/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 414 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Kristin E. Kassner |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act relative to outdoor dining. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kristin E. Kassner2nd Essex1/16/2025 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 2913 FILED ON: 1/16/2025 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 414 |
|---|
| 18 | 18 | | By Representative Kassner of Hamilton, a petition (accompanied by bill, House, No. 414) of |
|---|
| 19 | 19 | | Kristin E. Kassner relative to outdoor dining. Consumer Protection and Professional Licensure. |
|---|
| 20 | 20 | | The Commonwealth of Massachusetts |
|---|
| 21 | 21 | | _______________ |
|---|
| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 23 | 23 | | (2025-2026) |
|---|
| 24 | 24 | | _______________ |
|---|
| 25 | 25 | | An Act relative to outdoor dining. |
|---|
| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 27 | 27 | | of the same, as follows: |
|---|
| 28 | 28 | | 1 SECTION 1. Chapter 138 of the General Laws is hereby amended by inserting in section |
|---|
| 29 | 29 | | 21 the following definition:- |
|---|
| 30 | 30 | | 3 “Outdoor table service”, restaurant service that includes food prepared on-site and under |
|---|
| 31 | 31 | | 4a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is |
|---|
| 32 | 32 | | 5served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio, |
|---|
| 33 | 33 | | 6deck, lawn, parking area or other outdoor space. |
|---|
| 34 | 34 | | 7 SECTION 2. Chapter 138 of the General Laws, as appearing in the 2024 Official Edition, |
|---|
| 35 | 35 | | 8is hereby amended by inserting after Section 12C, the following section:- |
|---|
| 36 | 36 | | 9 Section 12D. A local licensing authority may grant approval for a change in the |
|---|
| 37 | 37 | | 10description of the licensed premises for the purpose of permitting outdoor alcohol service, as the |
|---|
| 38 | 38 | | 11local licensing authority deems reasonable and proper, and issue an amended license to existing |
|---|
| 39 | 39 | | 12license holders, without further review or approval from the commission prior to issuance. Upon 2 of 2 |
|---|
| 40 | 40 | | 13approval of an amended license, the local licensing authority shall provide notice of the amended |
|---|
| 41 | 41 | | 14license to the commission. Nothing in this section shall prevent the commission from exercising |
|---|
| 42 | 42 | | 15the commission’s enforcement authority over an amended license. |
|---|
| 43 | 43 | | 16 SECTION 3. Section 3B of Chapter 40A of the General Laws of 2024 is hereby repealed. |
|---|