State Senate approves extension of outdoor dining

HARTFORD — The state Senate on Wednesday put the finishing touches on legislation to allow restaurants to continue outdoor operations until the end of April 2023.

Current pandemic-related rules on outdoor dining and drinking were set to expire after March 31, but lawmakers on both sides of the aisle agreed that Connecticut’s restaurant industry was rocked worse than most other businesses, when the state shut down for indoor activity two years ago.

The bill, which passed the House last week, won unanimous approval in the Senate after an hour-long debate. It is expected to be signed into law by Gov. Ned Lamont.

“It is one of the industries that has probably been hit the hardest, not only in Connecticut, but across the country,” said state Sen. Steve Cassano, D-Manchester, co-chairman of the legislative Planning and Development Committee, who introduced the legislation. “Nationally over 110,00 restaurants have closed; 2.5 million jobs lost; and $240 billion were lost in revenue.”

Under the law, restaurants have to apply for local zoning review of their plans for odor control, waste management, light pollution and environmental impacts. Cities and towns will have the right to ask for more information, as well.

Cassano said that the bill includes provisions for compliance with the federal Americans with Disability Act, in particular allowing enough room on the sidewalk, which was the subjects of complaints during the pandemic. “What’s most-significant is that the town or the city or the municipality still controls how these things will be run and all of the restaurants will have to be run in compliance with local standards,” Cassano said.

“The entire restaurant industry is holding on by their fingertips,” said Sen. Norm Needleman, DEssex. “We absolutely need to do this now.”

Sen. Tony Hwang, R-Fairfield, a top Republican on the Public Health Committee, said he had concerns, including septic and sewer capacity, as well as alcohol laws. “The governor’s executive order crafted in an emergency time the allowability of alcohol consumption outside of a licensed premise,” he said. “This bill continues that and my hope is that we will work with the Department of Consumer Protection to be able to establish a protocol to make sure that alcohol consumption is in a contained area.”

“Our industry is grateful that the General Assembly has acted on this bill in a bipartisan manner, and we look forward to the Governor’s signature as he has been a strong advocate for expanded outdoor dining in Connecticut,” said Scott Dolch, president and CEO of the Connecticut Restaurant Association. “This is a timely and muchneeded measure that will help Connecticut’s restaurant industry as it continues to recover from the COVID-19 pandemic. Together, our state and its elected leaders are showing that we must continue to rally around our state’s many local restaurants, the vast majority of which are small businesses.”

Sen. Craig Miner, R-Litchfield, said he was concerned about the differences between orders and suggestions in the bill as the pandemic wanes. “What’s atstake today is not what was atstake back when the executive order was first signed,” Miner said. “It’s not to me whether or not we shouldn’t be trying to help them, it’s really what are we giving up in an effort to do that?”

He said that there are many properties that predate zoning rules in Litchfield. “My concern about the legislation is that at a very different time, what are we doing to the neighbors?” Miner said. “What are we doing to the clothing store that might be right next to the restaurant? Or to the bookshop right next to the restaurant?”

Miner, who is not running for reelection, warned that state lawmakers will have to closely watch the ramifications of the outdoor dining extension, particularly the effects on local parkings