🔒Municipalities embrace streamlined outdoor dining permitting process

Expanded outdoor dining – permitted through a state emergency act in 2020 – was a lifeline to the food-service industry during the pandemic, state officials and industry experts agree.

That emergency act has expired, and a new state law, which took effect May 1, will ensure that popular outdoor dining can continue seamlessly.

The 2020 act allowed restaurants to add outdoor dining structures without having to go through extensive land use and permitting processes.

Prior to the pandemic, restaurants looking to add outdoor dining would go through a lengthy land use board application process, providing and then presenting detailed site plans at a regular board meeting with a public hearing.

A state law passed last year (Public Act 22-1) requires all towns to adopt a more streamlined and administrative permitting process, meaning any restaurants looking to continue their COVID-era outdoor dining business will submit a simple online site plan application.

The applications would be reviewed and approved administratively, likely by a town planner or zoning officer, instead of going before an entire commission.

That’s welcome news to restaurateurs — like Phil Barnett, co-founder and CEO of the Hartford Restaurant Group — who say outdoor dining is a positive trend that’s here to stay.

Barnett’s company owns nine Wood-n-Tap restaurant locations in Connecticut and one in West Springfield, Mass. He said outdoor dining was built into Wood-n-Tap’s business model since he opened the first location in Hartford two decades ago.

It allows restaurants to leverage extra seating areas during warmer months and not lose customers to other establishments with outdoor options.

“We figured out 20 years ago that outdoor dining was important to people,” Barnett said.

And during the pandemic, it was a lifeline for establishments statewide that were reeling from lockdown and social distancing, said Barnett, whose company recently announced it was closing its Que Whiskey Kitchen barbeque restaurant in Southington in order to stay focused on its Wood-n-Tap brand.

The Lamont administration’s executive order helped expedite restaurants’ ability to operate or expand outdoor dining, moving onto sidewalks, into parking lots and even taking over some streets.

It was the silver-lining to the pandemic, state officials said, and a key support to an industry that makes up 10% of the state’s economy, according to the Connecticut Restaurant Association (CRA).

“It’s been a lifesaver, and without question saved hundreds, if not thousands of restaurants through this process,” said CRA President Scott Dolch. “Outdoor dining was never really a big part of the discussion (pre-pandemic), and that’s changed tremendously.”

But the undertaking to move operations outdoors during a pandemic was still massive.

Restaurateurs struggled with staffing issues, supply shortages, and state mandates that changed almost daily.

Barnett said he rented 31 tents for outdoor areas across his nine restaurants when they were allowed to reopen three years ago. He eventually purchased the tents for roughly $100,000.

“We made an investment in that, and it has been successful for us,” he said.

In return, Barnett said municipalities have been sympathetic and worked with restaurants to allow them to set up and now keep their outdoor areas.

Easier pathway

Some cities and towns have revised their outdoor dining regulations to comply with the new state law.

The West Hartford Town Council in April drafted a new ordinance that allows restaurants to obtain an outdoor dining permit through administrative approval via the town planner’s office. It also establishes the outdoor dining season from April 1 through Nov. 15, and addresses things like amplified music in outdoor dining areas, which isn’t allowed, and even umbrella advertisements (one ad per umbrella is permitted).

West Hartford’s Economic Development Coordinator Kristen Gorski said outdoor dining adds to the vibrancy of downtown areas in communities like West Hartford by accommodating more diners and drawing people to town.

“It became a necessity during the pandemic, and is now ingrained into people’s minds,” she said. “It was so incredibly well received throughout the COVID pandemic, and it’s something we want to continue to encourage.”

Middletown is also enacting a streamlined land-use process for outdoor dining that is void of any public hearings or meeting attendance by applicants, said Marek Kozikowski, the city’s land use director.

If accessory dining areas are on city sidewalks, online applications must show a basic layout scheme for seats, pathways, barriers, entrances and exits, mainly to ensure outdoor dining can continue safely for patrons, staff and pedestrians, Kozikowski said.

Economic benefits

Among restaurateurs who have benefited from outdoor dining is Viron Rondo, owner of Cheshire’s Viron Rondo Osteria.

He completed the expansion of his outdoor area in 2019. Now, the 6,000-square-foot outdoor area surpasses the 5,000-square-foot indoor space, not including two kitchens that span a total of 5,000 square feet.

Rondo said he can accommodate 380 patrons outdoors and 350 inside. His staff of 115 grows to 130 during summer months.

“So when COVID hit, we already had a fabulous outdoor space, perhaps the largest in the area,” Rondo said.

His outdoor dining business increases by 50% or more when the weather is agreeable, and he keeps it available as an option — weather permitting under covered areas with space heaters — year round.

Outdoor dining is still a popular option for those who may not be comfortable dining indoors, or who just enjoy an outdoor setting while dining, he said.

Dolch said he hopes streamlined outdoor dining approval processes remain in place for years to come.

“I think everyone sees the benefit that it brings, whether you’re a restaurant or you’re the town officials seeing the tax dollars and culinary tourism, or people wanting alfresco dining,” he said.