East Providence has officially joined the ranks of cities and towns around the state who have updated their ordinances to reflect new state laws, which now legally allow establishments to offer outside dining.

The City Council gave second and final passage at its May 7 to the "Zoning Ordinance Amendment - Amendments to language related to restaurants and fast food restaurants offering outdoor dining amending Sections 19-1 & 19-284 and Division XXII Entitled Outdoor Dining."

The trend took hold during the COVID-19 pandemic when the governor's office simplified and softened regulations around eating outdoors through its "Take It Outside." The program was devised as a means for restaurants and bars to reopen safely while other health mandates were put into place in an attempt to lessen the spread of the virus.

The move proved a hit, especially during the warmer weather months, so much so that the General Assembly during the ongoing 2024 session passed a law allowing for outdoor dining in all of Rhode Island. Municipalities could no longer restrict establishments from serving patrons outside, though they could regulate it as was done here last week.

In addition, the changes took on greater urgency as outdoor seasonal operations are about to start and because the last of the governor's emergency actions taken on the matter while still in the throes of the pandemic were expiring.

The Assembly bills (2024-H 7064A, 2024-S 2028A) were sponsored by South County legislators Rep. Carol Hagan McEntee and Sen. Alana M. DiMario.

The city's director of Planning and Economic Development Keith Brynes as well as City Solicitor Michael Marcello guided the Council and the public at last week's meeting through the proposed changes locally before the body gave its unanimous approval.

Key to the amendments in East Providence were allowing for relief from some parking requirements as well as establishing guidelines/rules for outdoor dining operations.

Brynes told the Council current zoning laws call for one parking space for every six seats inside. Under the new ordinance, up to 20 seats would be exempt from the parking spot requirement. Also, it allows for up to 50 percent of handicap parking spots to be used for outdoor dining up to a maximum of four spaces. This was introduced for those establishments without any other outdoor dining areas except for a location in the parking lot.

Marcello reiterated that per state law neither East Providence nor any other municipality could any longer prohibit outdoor dining. As part of the law, however, cities and towns are allowed to set up a review process, including police and fire department approval.

Brynes elaborated on the latter, saying the review process being added will include approvals from not only police and fire, but also the city's Building, Zoning and Engineering divisions.

Of note as well, municipalities can't restrict times outdoor dining during existing allowable operating times. In East Providence, that's up to 10 o'clock in the evening. The city can and will only restrict the practice from from 10 p.m.-7 a.m.

When asked by Ward 4 Councilor Rick Lawson about the city's recourse on the matter, the solicitor said as is the case with other licenses the Council's oversight and legislative ability will include the potential for "show-cause" hearings and revocation.

Marcello also noted the ordinance only allows for dining, not the service of alcohol or offering entertainment. To do so, proprietors would have to submit the proper paperwork and gain the necessary approvals, including from the Council, for each as is currently the protocol.

The solicitor added, owners who wish to offer either — alcohol or entertainment — "would have to come back before this board for the expansion of license they already have...It's not automatic."

Ward 1 Council Frank Rego raised a point taken by Marcello about the city needing to notify establishments that not only would they have to apply for licenses around alcohol and entertainment, but they would also have to update their existing standing to also include food service under the new city mandates.

In a press release issued in the day's after the Council's actions, Mayor Bob DaSilva, in part, said, “While the state has provided relief for businesses when it comes to outdoor dining, codifying the city ordinance is pushing the needle even further here in East Providence.”

The key text of the amended ordinance reads as follows:

• Outdoor dining areas shall be reviewed through this process by the Building Official, Fire Department and City Engineer to ensure compliance with the State Building Code and Fire Code compliance, ADA accessibility, internal traffic circulation and vehicle crash protection.
• When outdoor dining areas are adjacent to roadways or parking areas, vehicle crash protection shall be provided to include permanent or semi-permanent barriers, bollards, or similar materials, that are capable of protecting patrons
  from hazards.
• Parking areas with outdoor dining must continue to comply with the parking space/parking lot design, maintenance and loading requirements in Division 11 of these regulations.
• Outdoor dining hours shall be limited to between 7 a.m. and 10 p.m.
• All outdoor lighting in the outdoor dining area shall be shielded and focused directly onto the seating area and away from abutting properties.
• All food service establishments shall comply with the parking requirements as set forth in Section 19-284.
• Food service establishments that have been permitted through a Special Permit process shall not require a Special Permit for the addition of outdoor seating.