March 30, 2023
Contact: Lindsi Mailler, Executive Assistant
Contact Email: firstname.lastname@example.org
State Extends Outdoor Dining and To-Go Orders Through April 2024
Easthampton, MA - On March 29, 2023, Governor Maura Healey signed into law “An Act making appropriations for the Fiscal Year 2023 to provide for supplementing certain existing appropriations and for certain other activities and projects.” The text of the legislation can be found HERE.
*An amendment to this Act extends permitting licensees for on-premises consumption to continue with (1) expanded patio service and (2) extends the ability to sell alcoholic beverages for takeaway and delivery:
Patios/Outdoor Expansions: licensees that have been approved for expanded patio/outdoor service may continue their outdoor operations until April 1, 2024.
Licensees that seek to continue patio/outdoor service after April 1, 2024, are encouraged to apply in the ordinary course for an alteration of premises with their local licensing authorities and ABCC. Otherwise, these amended licenses automatically revert to the status prior to the approval of the expansion of outdoor service as of April 1, 2024.
Takeaway/delivery of alcohol: establishments licensed for on-premises consumption of alcohol may continue takeaway and delivery sales of alcohol until April 1, 2024. All alcohol sold for takeaway/delivery must be sold with food and at the same price as alcohol for on-premises consumption.
* Section 19 Chapter 20 Acts of 2021
(b) Notwithstanding chapter 40A of the General Laws, any special permit, variance or other approval issued thereunder or any general or special law to the contrary, from the effective date of this act until April 1, 2024, a city or town may approve a request for expansion of outdoor table service, including in the description of licensed premises as described in subsection (c), or an extension of an earlier granted approval issued under section 4 of the governor’s COVID-19 Order No. 35 or section 1 of the governor’s COVID-19 Order No. 50. Before such approval, the mayor, 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 of said chapter 40A. 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.
Any business that serves alcohol and is seeking to add or continue outdoor dining through April 2024, must apply with the local licensing authority. Please check the department page for meeting dates and requirements.