The bill introduces the "Outdoor Dining Act" as a new chapter (Chapter 24.7) to Title 45 of the General Laws, which pertains to towns and cities. The act defines terms such as "food service establishment," "outdoor dining," "outdoor dining area," and "restaurant," and sets forth regulations for food service establishments that offer outdoor dining. These establishments must comply with accessibility requirements for public accommodations, as well as adhere to the Rhode Island food code, fire safety code, and building code. Additionally, outdoor dining structures on private property that pass inspection by February 15, 2025, and meet the aforementioned codes will be deemed approved and protected from retroactive government actions requiring removal or additional permits.

The act also outlines the authority of cities and towns to regulate outdoor dining. Municipalities may enact ordinances to limit outdoor dining on public property, control the capacity of outdoor dining areas, and require barriers for outdoor dining areas adjacent to parking lots or roadways. However, they are prohibited from banning outdoor dining outright, limiting the time of year it can be offered, restricting hours of operation in a manner inconsistent with existing licensure (except between 10:00 p.m. and 7:00 a.m.), or imposing new parking capacity standards for establishments with compliant outdoor dining areas as of March 1, 2020. Municipal noise ordinance enforcement remains unaffected, and food service establishments must have legal ownership or explicit authorization to use land for outdoor dining. The act will take effect immediately upon passage.

Statutes affected:
7064: 45-24-46.5