[ Text of section added by 2024, 88, Sec. 4 effective April 1, 2024. See 2024,
88, Sec. 28.]Section 3B.
(a)As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:"Commission", the alcoholic beverages control commission, established by
section 70 of chapter 10."Outdoor table service", restaurant service that includes food prepared on-site
and under a food establishment permit issued by a municipal authority pursuant
to 105 CMR 590.00 that is served to seated diners outside the restaurant
building envelope, whether on a sidewalk, patio, deck, lawn, parking area or
other outdoor space.
(b)Notwithstanding the provisions of this chapter, any special permit, variance
or other approval issued thereunder or any genera
Free access — add to your briefcase to read the full text and ask questions with AI
[ Text of section added by 2024, 88, Sec. 4 effective April 1, 2024. See 2024,
88, Sec. 28.]Section 3B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:"Commission", the alcoholic beverages control commission, established by
section 70 of chapter 10."Outdoor table service", restaurant service that includes food prepared on-site
and under a food establishment permit issued by a municipal authority pursuant
to 105 CMR 590.00 that is served to seated diners outside the restaurant
building envelope, whether on a sidewalk, patio, deck, lawn, parking area or
other outdoor space.(b) Notwithstanding the provisions of this chapter, any special permit, variance
or other approval issued thereunder or any general or special law to the
contrary, a city or town may approve a request for expansion of outdoor table
service, including in the description of the licensed premises as described in
subsection (c), or an extension of an earlier granted approval. Before such
approval, the mayor, board of selectmen, select board or other chief executive
officer, as established by charter or special act, shall establish the process for
approving such requests. Such process shall not be required to comply with the
notice and publication provisions of section 11. An approval under this section
may be exercised immediately upon filing of notice thereof with the city or town
clerk, without complying with any otherwise applicable recording or certification
requirements.(c) Pursuant to subsection (b), a local licensing authority may grant approval
for a change in the description of the licensed premises for the purpose of
permitting outdoor alcohol service as the local licensing authority deems reasonable
and proper and may issue an amended license to existing license holders,
without further review or approval from the commission prior to issuance.
Upon approval of an amended license, the local licensing authority shall provide
notice of the amended license to the commission. Nothing in this section shall
prevent the commission from exercising the commission's enforcement authority
over an amended license nor limit any appeals that can be submitted to the
commission pursuant to section 67 of chapter 138.(d) Before approving any request to extend an earlier granted approval, a
city, town or local licensing authority may modify the scope of the approval as
the city, town or local licensing authority deems proper and appropriate,
including, but not limited to, modifying the terms of an earlier granted approval
to address potential issues with snow removal, pedestrian traffic or similar
concerns.