HB 5271 — AN ACT CONCERNING THE PROVISION OF OUTDOOR FOOD AND BEVERAGE SERVICES AND OUTDOOR DISPLAYS OF GOODS.
Last action — TRANSMITTED TO SECRETARY OF THE STATE
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced February 25, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
17 sponsors
17 primary, 0 co-sponsors signed on.
-
Bipartisan support
Sponsored across 2 parties (7 D · 4 R) — cross-party backing.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
284 added · 252 removed284 line(s) added, 252 removed.
Substitute House ofBill Representatives General Assembly File No.
85271 FebruaryPublic Session,Act 2022 Substitute House Bill No.
527122-1 HouseAN ofACT Representatives,CONCERNING MarchTHE 14,PROVISION 2022OF TheOUTDOOR CommitteeFOOD onAND PlanningBEVERAGE andSERVICES DevelopmentAND reportedOUTDOOR throughDISPLAYS REP.OF GOODS.
MCCARTHY VAHEY of the 133rd Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING THE PROVISION OF OUTDOOR FOOD AND BEVERAGE SERVICES AND OUTDOOR DISPLAYS OF GOODS.
(1) "Applicable laws of the state" means chapters 14, 97a, 98, 124, 126, 242 and 541 of thegeneral statutes, section 22a-27j of the generalstatutes and any special act, municipal charter, ordinance, resolution or regulation;
sHB5271(3) /"Food Fileestablishment" No.means a food establishment that is licensed or permitted to operate pursuant to section 19a-36i of the general statutes;
8(4) 1"Local sHB5271enforcement Fileofficial" means a zoning enforcement officer, Substitute House Bill No.
85271 (3)or "Foodsuch establishment"officer's meansdesignee, aor foodbuilding establishmentofficial, that is licensed or permittedsuch toofficial's operatedesignee; pursuant to section 19a-36i of the general statutes;
(4) "Local enforcement official" means a zoning enforcement officer, or such officer's designee, or building official, or such official's designee;
(b) Notwithstanding the provisions of section 8-3b of the general statutes,fortheperiodcommencing on [theeffective dateofthissection] March 31, 2021, and ending [March 31, 2022] April 30, 2023, if a zoning administrator, chairperson of a zoning commission or planning and zoning commission or chief elected official of a municipality finds that a proposal to establish or change a zone or regulation to expand or permit outdoor activitiesactivitiesisnecessary isnecessary to respondto or provideeconomic recovery from the COVID-19 pandemic, such zoning administrator, chairperson or chief elected official may place such proposal on the public hearing agenda of the zoning commission or planning and zoning commission, as applicable, and such commission shall conduct a public hearing and act on such proposal without the need to comply with the requirements of said section of the general statutes.
No local sHB5271enforcement /official Fileshall No.impose a fee for a permit application under this subsection.
8Public 2Act sHB5271 File No.
822-1 enforcement2 officialof shall10 imposeSubstitute aHouse feeBill forNo. a permit application under this subsection.
5271 (2) Notwithstanding any provision of the applicable laws of the state, for the period commencing on [the effective date of this section] March 31, 2021, and ending [March 31, 2022] April 30, 2023, any person who makes a permit application to a local enforcement official to engage in outdoor activities shall not be required to submit (A) plans stamped by a licensed engineer, landscape architect or architect, (B) a site survey, (C) a parking plan, (D) a traffic study or plan, (E) a sign plan, (F) a soil erosion and sediment control plan, (G) a photometric lighting plan, or (H) a stormwater management plan, provided such person submits, at a minimum, a (i) drawing or illustration, roughly to scale or dimensioned and depicting with reasonable accuracy the outdoor area proposed to be used and what is proposed to be placed, built or erected in the outdoor area, and (ii) written narrative describing any noise, waste management, odor, light pollution or environmental impacts expected in such outdoor area as a result of such outdoor activities and an explanation of how such impacts will be mitigated.
sHB5271Public /Act File No.
822-1 3 sHB5271of File10 Substitute House Bill No.
85271 (4) Notwithstanding any provision of the applicable laws of the state, for the period commencing on [the effective date of this section] March 31, 2021, and ending [March 31, 2022] April 30, 2023, if a local enforcement official approves with conditions or rejects an application pursuant to subdivision (3) of this subsection, the applicant may appeal suchdecision,not laterthansevendaysafter thereceipt ofnotice ofsuch decision, to the zoning commission, planning and zoning commission or chief elected official of the municipality, as applicable.
(d) Notwithstanding any provisionof the applicable laws of the state, for the period commencing on [the effective date of this section] March 31, 2021, and ending [March 31, 2022] April 30, 2023, any person permitted to engage in outdoor activities may engage in such activities (1)onpublic sidewalks andother pedestrianpathwaysabutting thearea permitted for principal use and on which vehicular access is not allowed, (A) provided a pathway (i) is constructed and maintained in compliance with physical accessibility guidelines, as applicable, under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and the State Building Code, and (ii) such pathway extends for the length of the lot upon which the area permitted for principal use is located, is not less than four feet in width, not including any area on a street or highway, and remains unobstructed for pedestrian use, and (B) subject to reasonable conditions imposed by thePublic municipalAct official or agency that issues right-of-way or obstruction permits, (2) on off-street parking spaces or parking lots associated with the permitted use, notwithstanding any municipal ordinance sHB5271 / File No.
822-1 4 sHB5271of File10 Substitute House Bill No.
85271 the municipal official or agency that issues right-of-way or obstruction permits, (2) on off-street parking spaces or parking lots associated with the permitted use, notwithstanding any municipal ordinance establishing minimum requirements for off-street parking, (3) on any lot, streetface, yard, court or open space abutting, or noncontiguous lot that is not more than one lot, streetface, yard, court or open space removed from, the area permitted for the principal use, provided (A) such lot, streetface, yard, court or open space is located in a zoning district where outdoor activities are permitted, (B) such use is in compliance with any applicable requirements for access or pathways pursuant to physical accessibility guidelines under the federal AmericanswithDisabilitiesAct, 42USC 12101,et seq., asamendedfrom time to time, and the State Building Code, and (C) such person obtains written authorization to engage in such outdoor activities from the owner of such lot, streetface, yard, court or open space and provides a copy of such authorization to the zoning commission, and (4) until eleven o'clock p.m.
(3)Public NotwithstandingAct any provision of the applicable laws of the state, for the period commencing on [the effective date of this section] March 31, 2021, and ending [March 31, 2022] April 30, 2023, any municipality shall request a special event permit from the Department of Transportation before closing any part of a vehicular portion of a state sHB5271 / File No.
822-1 5 sHB5271of File10 Substitute House Bill No.
85271 (3) Notwithstanding any provision of the applicable laws of the state, for the period commencing on [the effective date of this section] March 31, 2021, and ending [March 31, 2022] April 30, 2023, any municipality shall request a special event permit from the Department of Transportation before closing any part of a vehicular portion of a state highway right-of-way for outdoor activities, in accordance with the provisions of section 14-298-262 of the regulations of Connecticut state agencies.
(1) Complies with the provisions of this section, (2) complies with any rules for outdoor dining, including, but not limited to, safety or social distancing requirements issued by the Governor, the Department of Economic and Community Development or other agency or entity authorized by law or pursuant to an executive order, to issue such requirements in response to the COVID-19 pandemic, (3) complies with any municipal requirements related to outdoor dining or the sale of alcoholic beverages that are consistent with the provisions of this section,Public (4)Act complies with any provision of title 30 of the general statutes or regulations of Connecticut state agencies regarding the prohibition of the sale of alcohol to minors or intoxicated persons or regarding restrictions on the times such entity may serve alcoholic beverages, (5) complies with any rules in effect limiting or restricting the sale or consumption of alcoholic beverages only to customers who consume food on such entity's premises, (6) does not maintain an outdoor consumer bar, as defined in section 30-62a of the general statutes, and sHB5271 / File No.
822-1 6 sHB5271of File10 Substitute House Bill No.
85271 section, (4) complies with any provision of title 30 of the general statutes or regulations of Connecticut state agencies regarding the prohibition of the sale of alcohol to minors or intoxicated persons or regarding restrictions on the times such entity may serve alcoholic beverages, (5) complies with any rules in effect limiting or restricting the sale or consumption of alcoholic beverages only to customers who consume food on such entity's premises, (6) does not maintain an outdoor consumer bar, as defined in section 30-62a of the general statutes, and (7) does not provide live entertainment, unless such entertainment was previously permitted in such entity's outdoor space or such entity obtainspermissionfromtheapplicablemunicipalofficialto providelive entertainment, and the provision of such entertainment complies with any relevant safety or social distancing requirements issued by the Governor, the Department of Economic and Community Development or other agency or entity authorized by law or pursuant to an executive order, to issue such requirements in response to the COVID-19 pandemic.
(h)Public NotwithstandingAct anyNo. provision of the applicable laws of the state, nothing in this section shall alter or affect a nonconforming use or structure or prohibit any person from seeking or obtaining approval for engaging in outdoor activities pursuant to existing municipal zoning regulations.
(i)22-1 For7 the period commencing on [the effective date of this10 section]Substitute MarchHouse 31,Bill 2021, and ending [March 31, 2022] April 30, 2023, any minimum requirement for off-street parking or requirement prohibiting outdoor activities from taking place on parking lots shall not apply to sHB5271 / File No.
85271 7(h) sHB5271Notwithstanding Fileany No.provision of the applicable laws of the state, nothing in this section shall alter or affect a nonconforming use or structure or prohibit any person from seeking or obtaining approval for engaging in outdoor activities pursuant to existing municipal zoning regulations.
8(i) For the period commencing on [the effective date of this section] March 31, 2021, and ending [March 31, 2022] April 30, 2023, any minimum requirement for off-street parking or requirement prohibiting outdoor activities from taking place on parking lots shall not apply to the extent required to allow outdoor activities alone or in conjunction with any other activity authorized by law, executive order or municipal regulations,including anyactivityrequiredtoenabletheresponseto the COVID-19 pandemic.
Such accessory use shall be allowed as of right, subject only to any required administrative site plan review to determine conformance with zoning requirements not contemplated by this section,Public providedAct suchNo. accessory use would not result in the expansion of a nonconforming use.
(c)22-1 Any8 such licensee or permittee may engage in outdoor food and beverage service (1) on public sidewalks and other pedestrian pathways abutting the area permitted for principal use and on which vehicular access is not allowed, (A) provided such pathway (i) is constructed and maintained in compliance with physical accessibility guidelines, as applicable, under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and the State Building Code, and (ii) extends for the length of the10 lotSubstitute uponHouse whichBill the area permitted for principal use is located, and not less than four feet in width, not including any area on a street or highway, shall remain sHB5271 / File No.
85271 8section, sHB5271provided Filesuch No.accessory use would not result in the expansion of a nonconforming use.
8(c) Any such licensee or permittee may engage in outdoor food and beverage service (1) on public sidewalks and other pedestrian pathways abutting the area permitted for principal use and on which vehicular access is not allowed, (A) provided such pathway (i) is constructed and maintained in compliance with physical accessibility guidelines, as applicable, under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and the State Building Code, and (ii) extends for the length of the lot upon which the area permitted for principal use is located, and not less than four feet in width, not including any area on a street or highway, shall remain unobstructed for pedestrian use, and (B) subject to reasonable conditions imposed by the municipal official or agency that issues right- of-way or obstruction permits;
(Effective from passage) ThisPublic actAct shallNo. take effect as follows and shall amend the following sections:
Section22-1 19 fromof passage10 SASubstitute 21-3,House Sec.Bill No.
15271 Sec.Approved March 24, 2022 Public Act No.
222-1 May10 1,of 202310 New section Sec.
3 from passage Repealer section PD Joint Favorable Subst.
Show all 88 changed lines (48 more)
sHB5271 / File No.
8 9 sHB5271 File No.
8 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill extends, until April 30, 2023, the expedited system for approval of permits for outdoor food and beverage service by local zoning officers, asestablishedby Governor'sExecutive Order7MM.The bill also requires municipalities to allow outdoor dining and beverage services beginning May 1, 2023.
These changes have no fiscal impact, as it is anticipated that municipalities can comply with these provisions with existing resources.
The Out Years State Impact:
None Municipal Impact:
None sHB5271 / File No.
8 10 sHB5271 File No.
8 OLR Bill Analysis sHB 5271 AN ACT CONCERNING THE PROVISION OF OUTDOOR FOOD AND BEVERAGE SERVICES AND OUTDOOR DISPLAYS OF GOODS.
SUMMARY This bill:
1.
extends by 13 months, until April 30, 2023, the law that broadly permits the continuation of as-of-right outdoor dining and retail activities authorized by the governor’s executive orders during the pandemic (§ 1);
and 2.
correspondingly delays, from April 1, 2022, to May 1, 2023, the effective date of provisions requiring municipalities to allow, in perpetuity, outdoor dining as an as-of-right accessory use to a food establishment (§ 2).
The bill requires outdoor activities to be operated so that pedestrian pathways and means of access comply with the physical accessibility guidelines in the State Building Code.
The laws already require pathwaystobeconstructed,andaccesstobeprovided,thatcomplywith the Americans with Disabilities Act’s (ADA) physical accessibility guidelines.
By broadly authorizing the continuation of outdoor dining and retail activities through April 30, 2023, the bill also extends the sunset of, among other things:
(1) the process for zoning officials to expedite a public hearing on outdoor activity-related zone changes or zoning regulation changes and (2) a requirement that the Department of Transportation expedite reviewing requests to close any part of the vehicular portion of a state highway right-of-way for outdoor activities (§ 1).
sHB5271 / File No.
8 11 sHB5271 File No.
8 The bill also makes technical and conforming changes, including repealing a law currently set to take effect on April 1, 2022 (§ 3) and replacing it with substantially similar provisions taking effect on May 1, (§ 2).
EFFECTIVE DATE:
Upon passage, except the permanent outdoor dining accessory use authorization is effective May 1, 2023.
EXTENSION OF CURRENT OUTDOOR ACTIVITIES LAW SA 21-3 authorized the continuation of outdoor retail and dining activities, as permitted by the governor’s executive orders.
SA 21-3 took effectonMarch31,2021,andiscurrentlysettosunsetonMarch31,2022.
The bill delays this sunset by 13 months, until April 30, 2023.
Under this law, if a business that is not already engaged in outdoor dining or retail activities pursuant to an executive order wants to start engaging in them, it must apply to the local zoning or building official, who will conduct an administrative review of the application (§ 1).
In conformity with the delayed sunset, the bill also delays provisions enacted as part of PA 21-2, June Special Session, § 182, which take effect after that sunsetting and generally require municipalities to allow, in perpetuity, outdoor dining as an accessory use to a food establishment.
The bill does this by repealing the law (CGS § 8-1cc) that currently takes effect on April 1, 2022, and replacing it with substantially similar provisions taking effect May 1, 2023.
Under both the repealed and replacement provisions, unless the standard zoning approval process was followed, to continue outdoor dining operations after April 30, 2023, businesses will have to seek local approval under the bill’s terms (§§ 2 & 3).
EXPANDED ACCESSIBILITY REQUIREMENTS Both laws specifically allow outdoor activities on public sidewalks and abutting pedestrian pathways where vehicles are not allowed, if a pathway is provided that:
1.
is constructed in compliance with the federal ADA’s physical accessibility guidelines, sHB5271 / File No.
8 12 sHB5271 File No.
8 2.
extends for the length of the lot (parcel), 3.
is at least four feet wide (excluding any portion that is on a street or highway), and 4.
remains unobstructed for pedestrian use.
The bill also requires the pathway to be (1) constructed and maintained in compliance with the State Building Code’s physical accessibility guidelines and (2) maintained in compliance with the ADA’s physical accessibility guidelines.
Both laws also allow outdoor activities on certain nearby lots, yards, courts, or other open spaces if the use complies with any applicable requirements for access or pathways under the ADA’s physical accessibility guidelines.
The bill expands this requirement by requiring that the use also comply with access- or pathway-related physical accessibility guidelines in the State Building Code.
COMMITTEE ACTION Planning and Development Committee Joint Favorable Substitute Yea 26 Nay 0 (03/11/2022) sHB5271 / File No.
8 13
Show all 88 changed rows (48 more)
View plain text versions (4)
- Chaptered Public Act No. 22-1 Current pdf
- File No. 8 View text pdf
- Raised Bill View text pdf
- Substitute PD Joint Favorable Substitute pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill extends the time frame for certain outdoor activities and simplifies the permit application process for outdoor food and beverage services until April 30, 2023.
-
Section 1 of special act 21-3
March 31, 2022→ April 30, 2023Extends the period during which relaxed outdoor activity provisions apply.
-
Section 1 of special act 21-3
[the effective date of this section]→ March 31, 2021Sets a specific start date for the provisions regarding outdoor activities.
-
Section 1 of special act 21-3
No local enforcement official shall impose a fee for a permit application under this subsection.
Eliminates permit application fees for outdoor activities.
-
Section 1 of special act 21-3
A public hearing shall not be required for any such appeal.
Removes the need for public hearings during the appeal process for permit rejections.
-
Section 1 of special act 21-3
For the period commencing on March 31, 2021, and ending April 30, 2023.
Establishes a time frame for the provisions related to outdoor activities.
-
Section 1 of special act 21-3
The Department of Transportation shall expedite its review of any such request.
Requires faster processing by the Department of Transportation for requests related to outdoor activities.
Action History
-
TRANSMITTED TO SECRETARY OF THE STATE
-
PUBLIC ACT 22-1
-
SIGNED BY GOVERNOR IN ORIGINAL
-
RULES SUSPENDED, TRANSMITTED TO THE GOVERNOR
-
IN CONCURRENCE
-
SENATE PASSED
-
SENATE CALENDAR NUMBER 62
-
FAV. RPT., TAB. FOR CAL., SEN.
-
RULES SUSPENDED, TRANSMITTED TO SENATE
-
HOUSE PASSED
-
RULES SUSPENDED
-
FILE NO. 8
-
HOUSE CALENDAR NUMBER 40
-
FAV. RPT., TABLED FOR HOUSE CALENDAR
-
RPTD. OUT OF LCO
-
REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/21/22
-
FILED WITH LCO
-
Joint Favorable Substitute
-
PUBLIC HEARING 0304
-
REF. TO JOINT COMM. ON Planning and Development
Sponsors
- Hilda E. Santiago · Primary
- Kate Farrar · Primary
- John K. Hampton · Primary
- Quentin Williams · Primary
- John A. Kissel · Primary
- Saud Anwar · Primary
- Bob Godfrey · Primary
- Jennifer Leeper · Primary
- Edwin Vargas · Primary
- Heather S. Somers · Primary
- Paul M. Formica · Primary
- Christine Conley · Primary
- Dave W. Yaccarino · Primary
- Dorinda Borer · Primary
- Tom Delnicki · Primary
- Cristin McCarthy Vahey · Primary
- Frank Smith · Primary
Sponsorship breakdown
Export CSV (upgrade) →17 sponsors · 0 co-sponsors · 170 not signed on
Sponsors (17)
- Hilda E. Santiago Democratic
- Kate Farrar Democratic
- Hampton, John K.
- Williams, Quentin
- John A. Kissel Republican
- Saud Anwar Democratic
- Bob Godfrey Democratic
- Jennifer Leeper Democratic
- Vargas, Edwin
- Heather S. Somers Republican
- Formica, Paul M.
- Conley, Christine
- Dave W. Yaccarino Republican
- Borer, Dorinda
- Tom Delnicki Republican
- Cristin McCarthy Vahey Democratic
- Frank Smith Democratic
Co-sponsors (0)
None.
Not signed on (170)
170 members have not signed on to this bill.
Show all 170 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 5271?
- HB 5271 is sponsored by Hilda E. Santiago (Democratic), Kate Farrar (Democratic), Hampton, John K., Williams, Quentin, John A. Kissel (Republican), Saud Anwar (Democratic), Bob Godfrey (Democratic), Jennifer Leeper (Democratic), Vargas, Edwin, Heather S. Somers (Republican), Formica, Paul M., Conley, Christine, Dave W. Yaccarino (Republican), Borer, Dorinda, Tom Delnicki (Republican), Cristin McCarthy Vahey (Democratic), and Frank Smith (Democratic).
- What is the current status of HB 5271?
- This bill has been enacted into law. Introduced February 25, 2022. Enacted.
- Where can I track HB 5271?
- Track HB 5271 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 5271
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 5271
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →