| 25 | | - | 45-24-46.5. Special provisions — Emergency declaration modifications. 3 |
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| 26 | | - | (a) A moratorium is hereby imposed on the enforcement of any municipal ordinance or 4 |
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| 27 | | - | zoning regulation that would penalize any food business or food service establishment, as defined 5 |
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| 28 | | - | in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or modifications to its business 6 |
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| 29 | | - | made in order to comply with any directives, executive orders, or restrictions issued by the 7 |
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| 30 | | - | governor, principal executive officer of a political subdivision, or the director of the department of 8 |
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| 31 | | - | health based upon an emergency declaration issued pursuant to § 30-15-9 or § 30-15-13. 9 |
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| 32 | | - | (b) The moratorium imposed pursuant to this section shall continue throughout the 10 |
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| 33 | | - | emergency declaration and shall remain effective until April 1, 2023 February 15, 2024. During 11 |
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| 34 | | - | this period, all approved nonconforming uses adopted to comply with the emergency declaration 12 |
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| 35 | | - | shall be permitted to continue. 13 |
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| 36 | | - | SECTION 2. This act shall take effect upon passage. 14 |
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| 25 | + | 45-24-46.5. Special provisions — Emergency declaration modifications Special 3 |
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| 26 | + | provisions — Emergency declaration for COVID-19 modifications. 4 |
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| 27 | + | (a) A moratorium is hereby imposed on the enforcement of any statute, regulation or 5 |
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| 28 | + | municipal ordinance or zoning regulation that would penalize any food business or food service 6 |
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| 29 | + | establishment, as defined in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or 7 |
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| 30 | + | modifications to its business made in order to comply with any directives, executive orders, or 8 |
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| 31 | + | restrictions issued by the governor, principal executive officer of a political subdivision, or the 9 |
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| 32 | + | director of the department of health based upon an emergency declaration issued pursuant to § 30-10 |
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| 33 | + | 15-9 or § 30-15-13 related to the COVID-19 pandemic. 11 |
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| 34 | + | (b) The moratorium imposed pursuant to this section shall continue throughout the 12 |
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| 35 | + | emergency declaration and shall remain effective until April 1, 2023 December 31, 2023. During 13 |
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| 36 | + | this period, all approved nonconforming uses adopted to comply with the any COVID-19 14 |
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| 37 | + | emergency declaration shall be permitted to continue. The moratorium shall include, but not be 15 |
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| 38 | + | limited to, alterations or modification related to or concerning outdoor dining, physical structure 16 |
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| 39 | + | alterations, and/or parking capacity standards. 17 |
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| 40 | + | (c) During the moratorium, all towns and cities shall conduct a comprehensive review of 18 |
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| 41 | + | any relevant ordinances, regulations or rules, which need to be amended that apply to outdoor 19 |
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| 42 | + | |
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| 43 | + | |
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| 44 | + | LC000526 - Page 2 of 4 |
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| 45 | + | dining specifically to reflect the compelling public purpose for businesses and the public to 1 |
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| 46 | + | continue outdoor dining as a permanent feature of dining in this state. 2 |
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| 47 | + | SECTION 2. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 3 |
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| 48 | + | amended by adding thereto the following chapter: 4 |
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| 49 | + | CHAPTER 24.7 5 |
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| 50 | + | OUTDOOR DINING ACT 6 |
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| 51 | + | 45-24.7-1. Title. 7 |
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| 52 | + | This chapter shall be known and may be cited as "Outdoor Dining Act." 8 |
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| 53 | + | 45-24.7-2. Definitions. 9 |
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| 54 | + | As used in the chapter, the following words and terms shall have the following meanings: 10 |
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| 55 | + | (1) "Food service establishment" mean any fixed or mobile restaurant, coffee shop, 11 |
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| 56 | + | cafeteria, short-order café, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, bar, 12 |
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| 57 | + | cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage 13 |
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| 58 | + | education facility, private, public or nonprofit organization or institution routinely serving food, 14 |
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| 59 | + | catering kitchen, commissary or similar place in which food or drink is prepared for sale or for 15 |
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| 60 | + | service on the premises or elsewhere, and any other eating or drinking establishment or operation 16 |
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| 61 | + | where food is served or provided for the public with or without charge. 17 |
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| 62 | + | (2) "Outdoor dining" means the use of an adjacent, outside area by a food service 18 |
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| 63 | + | establishment for the same eating and drinking activities that occur within the establishment. 19 |
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| 64 | + | (3) "Outdoor dining area" means any designated area outside the principal building of a 20 |
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| 65 | + | food service establishment which is designed, established, or regularly used for consuming food or 21 |
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| 66 | + | drink. Outdoor dining areas do not include an unenclosed dining area at a private residence. 22 |
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| 67 | + | (4) "Restaurant" means eating establishment, including, but not limited to, coffee shops, 23 |
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| 68 | + | cafeterias, and private and public school cafeterias, that gives or offers for sale food to the public, 24 |
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| 69 | + | guest or employees, as well as kitchens and catering facilities in which food is prepared on the 25 |
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| 70 | + | premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. 26 |
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| 71 | + | 45-24.7-3. Outdoor dining compliance. 27 |
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| 72 | + | A food service establishment that offers outdoor dining shall comply with all accessibility 28 |
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| 73 | + | requirements to which places of public accommodations are subject. 29 |
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| 74 | + | 45-24.7-4. Regulation of outdoor dining. 30 |
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| 75 | + | (a) The state or a municipality may enforce any statutes, regulations or ordinances that 31 |
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| 76 | + | relate to public safety or excessive noise. 32 |
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| 77 | + | (b) No state agency, department or any municipality shall: 33 |
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| 78 | + | (1) Adopt any rule, regulation or ordinance prohibiting outdoor dining; 34 |
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| 79 | + | |
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| 80 | + | |
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| 81 | + | LC000526 - Page 3 of 4 |
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| 82 | + | (2) Adopt any rule, regulation or ordinance limiting the time of year when outdoor dining 1 |
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| 83 | + | may be offered; or 2 |
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| 84 | + | (3) Require a food service establishment to remove any alterations, modifications or 3 |
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| 85 | + | physical structures built on private property made for outdoor dining in compliance with § 45-24-4 |
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| 86 | + | 46.5. 5 |
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| 87 | + | SECTION 3. This act shall take effect upon passage. 6 |
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