Planning and Development Committee
JOINT FAVORABLE REPORT
Bill No.: HB-5271
AN ACT CONCERNING THE PROVISION OF OUTDOOR FOOD AND
Title: BEVERAGE SERVICES AND OUTDOOR DISPLAYS OF GOODS.
Vote Date: 3/11/2022
Vote Action: Joint Favorable Substitute
PH Date: 3/4/2022
File No.: 8
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Rep. Brian T. Smith, 48th Dist.
REASONS FOR BILL:
This bill aims to extend the application of certain temporary provisions concerning the
permitting of outdoor food and beverage services and outdoor displays of goods until April
30, 2023, and delay the application of certain permanent provisions concerning the permitting
of outdoor food and beverage services until May 1, 2023. The goal of this bill is to provide
temporary relief to businesses negatively impacted by the Covid-19 pandemic and to
continue to serve residents that are uncomfortable dining indoors.
RESPONSE FROM ADMINISTRATION/AGENCY:
None Expressed.
NATURE AND SOURCES OF SUPPORT:
The following speakers voiced conditional support dependent on the inclusion of
language that prohibits businesses, in expanding outdoors, from violating the
Americans with Disability Act (ADA) and the civil rights of Connecticut residents. The
speakers testified that while the bill covers these points specifically, the issue lies in
the establishments application of the provisions. The speakers recommended
educating businesses, providing oversight and enforcement, or revoking or
suspending permits as potential penalties for documented violations.
Don Ciota, Chairman, Ridgefield Commission for Accessibility
Marc Anthony Gallucci, Chief Advocate, Center for Disability Rights
Jeff Holland, New Canaan Resident
The following speakers voiced support for the bill proposal, as it provides temporary
relief that is crucial to the survival of businesses negatively impacted by the Covid-19
pandemic. They spoke of added business growth, community engagement, the ability
to serve customers that are uncomfortable eating indoors, and additional time to
evaluate and revise zoning regulations as benefits of the bill proposal.
Mark S. Barnhart, Director of Community & Economic Development, Fairfield
Rep. Dorinda Borer, 115th Dist.
Betsy Gara, Executive Director, CT Council of Small Towns
John Guszkowski, Government Relations Committee, CT Chapter of the American
Planning Association
Brian OConnor, Director of Public Policy, Connecticut Conference of Municipalities
Manuel Romero, Olea Restaurant
Scott Dolch, President & CEO, Connecticut Restaurant Association: Mr. Dolch testified
that restaurants and businesses faced additional challenges this past winter with the
emergence of the Omicron variant, worker shortages, food supply chain issues, and record-
high inflation. Mr. Dolch supports the passage of the bill, as he believes the expansion of
outdoor dining options for an additional year is an important measure for the industry. This
will ensure that restaurants that have continued to adapt to new challenges can survive.
Garrett Sheehan, President & CEO, Greater New Haven & Quinnipiac Chambers of
Commerce: Mr. Sheehan testified that supporting restaurants that have adapted to the
changing business landscape will further the investment the state receives back. Mr.
Sheehan supports the passage of the bill, as it will provide flexibility for recovering
restaurants, support the retention of foodservice jobs, and ensure that those uncomfortable
eating indoors have other options.
NATURE AND SOURCES OF OPPOSITION:
Tony Phillips, ADA Coordinator: Mr. Phillips testified that the addition of outdoor dining
locations negatively impacts individuals with disabilities by blocking pathways, sidewalks, and
parking spaces. Although Mr. Phillips is in favor of helping small businesses, those that utilize
the outdoor dining legislation often fail to meet ADA compliance and inadvertently violate the
civil rights of Connecticut residents. Mr. Phillips opposes the bill proposal to extend the
application of provisions permitting outdoor food and beverage services and outdoor displays
of goods, and he recommends that local police and parking enforcement agencies fine
businesses or landlords that block accessible parking spaces.
Reported by: Lindsay Dickinson Date: 3/15/2022
Page 2 of 2 HB-5271


Statutes affected:
PD Joint Favorable Substitute: 8-1cc
File No. 8: 8-1cc
Public Act No. 22-1: 8-1cc