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 key 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, the Rhode Island food code, fire safety code, and building code. Additionally, any outdoor dining structures on private property that have been inspected and found compliant by February 15, 2025, will be deemed approved and will not require removal or retroactive permits or fees.

The act also outlines the extent of municipal regulation over outdoor dining. Cities and towns may adopt ordinances to limit outdoor dining on public property, limit capacity, and require barriers next to parking lots or roadways. However, they cannot prohibit outdoor dining, limit the time of year it may be offered, restrict hours of operation inconsistent with existing licensure (except between 10:00 p.m. and 7:00 a.m.), or impose new parking capacity standards for outdoor dining areas compliant with § 45-24-46.5. Municipal enforcement of noise ordinances is not restricted by this act, and food service establishments must have legal ownership or possession of the area used for outdoor dining unless authorized by the landowner. The act will take effect upon passage.

Statutes affected:
7064: 45-24-46.5