LYNN — City Council voted to continue the city’s pandemic-era policy allowing outdoor dining from April to November at a meeting Tuesday night.
At the start of the COVID-19 pandemic, the state passed legislation loosening restrictions on outdoor dining to encourage businesses to safely stay open. Since these regulations will expire April 1, municipalities such as Boston, Newton, and Lowell have already extended their municipal outdoor dining regulations.
Associate Planning Director Lauren Drago presented the council with an outline dictating how the city would regulate a continued outdoor dining policy. Businesses wishing to use public ways, parking spots, or lands for outdoor parking must apply for a license with the Department of Inspectional Services, which will be annually approved by the licensing department.
Businesses serving alcohol outdoors must pay an annual fee of 100 dollars to the liquor licensing commission. Establishments using sidewalk space for outdoor seating must pay 75 dollars annually to the Department of Public Works, and businesses using public parking spaces must pay 100 dollars per space each year.
Drago said that in comparison to other municipalities’ outdoor dining regulations, these prices are relatively low.
“In terms of fees, we’re trying to maintain accessibility for businesses,” Drago said.
When the presentation was brought to discussion, Ward 5 City Councilor Dianna Chakoutis asked if the planning department had done any outreach to see what local businesses and residents thought about the outdoor dining spaces.
Drago responded that while the planning department had done extensive outreach for the proposed policy, she had heard mixed reactions from businesses.
“I’ve heard from some businesses that have been really active in their outdoor dining that they are interested in investing more, and then I think some of the other ones I suspect might be more willing to take it down,” Drago said, “Honestly, for some folks it was helpful during COVID-19, but moving forward, it might not be worth the time and the energy to maintain once we add the fees.”
Ward 2 City Councilor Rick Starbard asked whether would be able to weigh in on whether or not local outdoor dining licenses are approved. He said that when driving down Exchange Street to get something to eat at One Mighty Mill, he often can not find parking, even when the outdoor dining patio across the street remains vacant.
“There’s barricades across the street not being used during the day by the business. When I can’t find parking there, I just keep on going,” Starbard said. “While it may be good for some businesses, it may not be good for other businesses.”
Drago responded that businesses would have to work out any parking complaints with the traffic commission during the license application process. She also said that the city maintains the right to revoke any outdoor dining license at any time.
Ward 1 City Councilor Wayne Lozzi commented that the original pandemic-era regulations served as a good solution to indoor dining restrictions, which some businesses took advantage of.
“I’m glad that you’ve brought this process to a point where we have a policy going forward,” Lozzi said.
All outdoor dining areas must meet fire, plumbing, and health codes and be ADA accessible. Businesses must not allow smoking, pets, or outdoor entertainment, and have to close before 9:30 p.m. on weekdays and 10:30 p.m. on weekends. Additionally, any business serving alcohol outdoors must enclose their outdoor seating.
Drago said that while similar outdoor dining policies in other municipalities have spurred local business growth and brought life to downtown areas, there have been problems with business owners neglectfully using public spaces.
“Outdoor dining in the downtown, and especially in the public realm, it gives more of a sense of vibrancy on the street, so we’re really hopeful this will work out for a lot of businesses,” Drago said. “There’s been issues with snow removal and with business owners. We want them to take active care if they’re using the public way, and sometimes that doesn’t always happen. We’re hopeful this policy will get us all of the benefits and none of the cons that we’ve seen in our community and others.”
