In recent years, town leaders have been proactive about loosening restrictions on outdoor dining, where it could be accommodated within existing regulations. Then the pandemic turned that on its head, when in an effort to support the local restaurant industry, 2021 and 2022 saw makeshift outdoor seating permitted in unorthodox spaces — like in the on-street parking spaces on the north side of State Street. That ended after the most flexible COVID-era regulations were suspended by the state.

In an effort to maintain the much-enjoyed vibe of outdoor seating in the middle of town, the Town hired the Pare Corporation to study and prepare a set of guidelines that establishments could use to guide their outdoor expansion aspirations.

The “Outdoor Dining Design Guidelines and Manual” squeaked by Council in a 3-2 vote last March 29. According to the plan, which is chock full of specific guidelines governing everything from umbrella color, barrier materials, and landscaping, the outdoor dining area is to be an extension of an existing restaurant's "dining area" and is not to be considered a public space when it is being used as such; therefore, just as with indoor dining, it is the business's responsibility to ensure that minimum safety and Americans with Disability Act (ADA) requirements are maintained at all times.

In order to add an Outdoor Dining Permit, restaurants must submit applications that include design plans prepared by a professional engineer or architect, confirmation that at least 4 feet of unobstructed sidewalk space will remain for pedestrians, photos or other visual materials that verify that the proposed furniture conforms to guidelines, and a schedule of planned operations.

Once approved, the restaurant must construct and complete their site within four weeks of approval; inspection of the site will be required by the Town.

This ordinance applies only to dining on public streets, not the sidewalks, for which the Town already has an ordinance in place that would apply to establishments like Roberto’s and the Bristol Oyster Bar. This ordinance also does not impact what small business owners do on their own property, as with the outdoor seating area at Portside or Aidan’s.

Despite the newly-minted ordinance, all four restaurants on lower State Street passed on the opportunity for 2023. Though each proprietor expressed their own reasons, one common thread was that the margins in the restaurant industry are razor-thin; add to that the increasing cost of goods and ongoing staffing challenges, and the State Street restauranteurs found that the regulations are a bit too onerous for adoption.

Reached for comment, Zach Rivers of Judge Roy Bean was quick and to the point. “The ordinance was too convoluted,” he said. “It made it next to impossible to successfully comply.”

Peter Carvelli of Foglia agreed. “The ordinance was detailed down to the colors of the umbrellas and specific details — that seemed a little burdensome,” he said. He also noted that the increased cost of providing barriers and maintaining the outdoor space in accordance with the regulations could be a challenge. “This is an incredibly difficult business, margins are low. The cost-benefit analysis didn’t make sense.”

Carvelli was also cognizant of the fact the the ordinance passed despite opposition from Councilors Tony Teixeira and Nathan Calouro, who expressed concerns over accessibility and fairness to the other businesses in the neighborhood.

Greg Gatos of the Bristol House of Pizza went into the process full of enthusiasm, and even made plans to construct his own barriers, but before he knew it, the season was underway and he was not able to find the time to follow up on what he’d need to do to comply.

“To be honest, I was too busy in the first year,” said Eddie Woods of The Nest. “And we had just lost Aidan.”(Graham was a close personal friend of Woods, and they had worked together for many years.)

“It would be great if we could do it, but it’s not the end of the world without it,” Woods continued. “Honestly, September through April — winter — that’s the season we have to worry about.”

Despite how things turned out in 2023, the proprietors on lower State Street are not writing it off for good.

“It is a permanent ordinance now, so I would love to take advantage of it,” said Carvelli. “I’m glad it passed, hopefully we can make it work next year.”