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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 6483 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC003143 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- OUTDOOR DINING ACT |
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| 16 | 16 | | Introduced By: Representatives McEntee, Caldwell, Craven, Cortvriend, Carson, Spears, |
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| 17 | 17 | | Cotter, Phillips, Serpa, and Finkelman |
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| 18 | 18 | | Date Introduced: June 06, 2023 |
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| 19 | 19 | | Referred To: House Small Business |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1 |
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| 24 | 24 | | amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 24.7 3 |
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| 26 | 26 | | OUTDOOR DINING ACT 4 |
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| 27 | 27 | | 45-24.7-1. Short title. 5 |
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| 28 | 28 | | This chapter shall be known and maybe cited as the "Outdoor Dining Act". 6 |
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| 29 | 29 | | 45-24.7-2. Definitions. 7 |
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| 30 | 30 | | As used in this chapter, the following words and terms shall have the following meanings: 8 |
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| 31 | 31 | | (1) "Food service establishment" means any fixed or mobile restaurant, coffee shop, 9 |
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| 32 | 32 | | cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, 10 |
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| 33 | 33 | | cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage 11 |
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| 34 | 34 | | education facility, private, public or nonprofit organization or institution routinely serving food, 12 |
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| 35 | 35 | | catering kitchen, commissary or similar place in which food or drink is prepared for sale or for 13 |
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| 36 | 36 | | service on the premises or elsewhere, and any other eating or drinking establishment or operation 14 |
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| 37 | 37 | | where food is served or provided for the public with or without charge. 15 |
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| 38 | 38 | | (2) "Outdoor dining" means the use of an adjacent, outside area by a food service 16 |
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| 39 | 39 | | establishment for the same eating and drinking activities that occur within the establishment. 17 |
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| 40 | 40 | | (3) "Outdoor dining area" means any designated area outside the principal building of a 18 |
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| 41 | 41 | | food service establishment which is designed, established, or regularly used for consuming food or 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC003143 - Page 2 of 3 |
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| 45 | 45 | | drink. Outdoor dining areas do not include any unenclosed dining area at a private residence. 1 |
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| 46 | 46 | | (4) “Restaurant” means an eating establishment, including, but not limited to, coffee shops, 2 |
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| 47 | 47 | | cafeterias, and private and public school cafeterias, that give or offer for sale food to the public, 3 |
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| 48 | 48 | | guests, or employees, as well as kitchens and catering facilities in which food is prepared on the 4 |
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| 49 | 49 | | premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant. 5 |
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| 50 | 50 | | 45-24.7-3. Outdoor dining compliance. 6 |
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| 51 | 51 | | (a) A food service establishment that offers outdoor dining shall: 7 |
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| 52 | 52 | | (1) Comply with all accessibility requirements to which places of public accommodations 8 |
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| 53 | 53 | | are subject; and 9 |
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| 54 | 54 | | (2) Comply with the Rhode Island food code (216 RICR 50-10-1 et seq.), the Rhode Island 10 |
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| 55 | 55 | | fire safety code (450 RICR 00-00-1 et seq.), and the Rhode Island building code (510 RICR 00-00-11 |
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| 56 | 56 | | 1 et. seq.). 12 |
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| 57 | 57 | | (b) All outdoor dining structures built on private property in compliance with § 45-24-46.5 13 |
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| 58 | 58 | | which are inspected by February 15, 2024 and found to be in compliance with the Rhode Island 14 |
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| 59 | 59 | | food code (216 RICR 50-10-1 et seq.), the Rhode Island fire safety code (450 RICR 00-00-1 et 15 |
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| 60 | 60 | | seq.), and the Rhode Island building code (510 RICR 00-00-1 et seq.) shall be deemed approved, 16 |
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| 61 | 61 | | and a governmental entity shall not require the removal of any alternations, modifications or 17 |
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| 62 | 62 | | physical structures, or any retroactive or prospective applications, permits, fees, inspections or 18 |
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| 63 | 63 | | approvals of such alterations, modifications or physical structures. 19 |
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| 64 | 64 | | 45-24.7-4. Municipal regulation of outdoor dining. 20 |
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| 65 | 65 | | (a) A city or town may adopt ordinances that: 21 |
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| 66 | 66 | | (1) Limit outdoor dining on public property; 22 |
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| 67 | 67 | | (2) Limit capacity for outdoor dining; and 23 |
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| 68 | 68 | | (3) Require barriers for outdoor dining that border parking lots or roadways. 24 |
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| 69 | 69 | | (b) A city or town shall not: 25 |
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| 70 | 70 | | (1) Adopt an ordinance prohibiting outdoor dining; 26 |
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| 71 | 71 | | (2) Adopt an ordinance limiting the time of year when outdoor dining may be offered; 27 |
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| 72 | 72 | | (3) Restrict outdoor dining operations between 7:00 a.m. and 10:00 p.m.; or 28 |
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| 73 | 73 | | (4) Require new parking capacity standards on a food service establishment with an 29 |
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| 74 | 74 | | outdoor dining area in excess of any standards in existence prior to March 1, 2020. 30 |
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| 75 | 75 | | SECTION 2. This act shall take effect upon passage. 31 |
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| 76 | 76 | | ======== |
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| 77 | 77 | | LC003143 |
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| 78 | 78 | | ======== |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC003143 - Page 3 of 3 |
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| 82 | 82 | | EXPLANATION |
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| 83 | 83 | | BY THE LEGISLATIVE COUNCIL |
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| 84 | 84 | | OF |
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| 85 | 85 | | A N A C T |
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| 86 | 86 | | RELATING TO TOWNS AN D CITIES -- OUTDOOR DINING ACT |
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| 87 | 87 | | *** |
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| 88 | 88 | | This act would establish standards governing the municipal regulation of outdoor dining at 1 |
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| 89 | 89 | | food service establishments. 2 |
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| 90 | 90 | | This act would take effect upon passage. 3 |
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| 91 | 91 | | ======== |
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| 92 | 92 | | LC003143 |
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| 93 | 93 | | ======== |
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