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 Section 3B of Chapter 40A of the General Laws of 2024 is hereby repealed.