House Bill 536 Summary

• Allows existing food and beverage establishments that existed on March 10, 2020, to operate outdoor dining and drinking service during COVID-19 emergency despite local ordinances or emergency declarations.

• Outdoor seating capacity limited to 50% of current indoor seating capacity or 100 customers, whichever is less, with required access to lavatory and toilet facilities.

• Excludes private clubs, private bars, wineries, and distilleries from the food service provision in Section 1, but allows these types of establishments to serve alcohol outdoors under Section 2 with the same capacity and facility requirements.

• Outdoor seating locations may include covered patios, tents, awnings, and umbrellas; may use public sidewalks and streets if local government permits; and must maintain CDC-recommended social distancing and have visible boundaries separating alcohol consumption areas.

• Act becomes effective immediately upon passage and expires on the later of 30 days after COVID-19 emergency declarations end or October 31, 2020; municipalities cannot prohibit outdoor seating based on zoning ordinances.