(a) A city or town may adopt ordinances that: (1) Limit outdoor dining on public property; (2) Limit capacity for outdoor dining; and (3) Require barriers for outdoor dining that border parking lots or roadways. (b) A city or town shall not: (1) Adopt an ordinance prohibiting outdoor dining; (2) Adopt an ordinance limiting the time of year when outdoor dining may be offered; (3) Restrict the hours of outdoor dining operations inconsistent with the food service establishment’s existing licensure, except between the hours of 10:00 p.m. and 7:00 a.m.; or (4) Require new parking capacity standards on a food service establishment for an outdoor dining area built in compliance with § 45-24-46.5, in excess of any in existence prior to March 1, 2020. (c) Nothing in this section shall be construed to: (1) Restrict municipal enforcement of noise ordinances; or (2) Authorize or entitle a food service establishment to conduct outdoor dining on areas for which they do not have legal ownership or possession unless explicitly authorized by such landowner or their authorized representative. History of Section.P.L. 2024, ch. t outdoor dining on areas for which they do not have legal ownership or possession unless explicitly authorized by such landowner or their authorized representative. History of Section.P.L. 2024, ch. 3, § 1, effective February 9, 2024; P.L. 2024, ch. 4, § 1, effective February 9, 2024.
Rhode Island Legal Code