Temporary Outdoor Dining

On March 29, 2023, Gov. Maura Healey signed a fiscal 2023 spending package that included extensions of pandemic-related authorizations related to outdoor dining. The new law extends pandemic-related authorizations that were set to expire on March 31 and April 1, thereby extending the expedited outdoor dining permit process and allowing restaurants to offer to-go cocktails through April 1, 2024.
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City Requirements

ADA Compliance

All areas shall comply with ADA accessibility requirements. Any seating located on a public sidewalk or walkway must maintain 5 feet of clear access. Pedestrian access to and from tents or seating areas must have clearly designated access ways.

Distribution of Tables: Accessible tables must be distributed by the size and locations of space being offered. Tables that are provided for large or small groups, in different locations, services would all required to meet 5% obligation (MAAB Section 17.2). Accessible tables must be distributed by the size and locations of space being offered. Tables that are provided for large or small groups, in different locations, services would all required to meet 5% obligation (MAAB Section 17.2).

Example: A restaurant has 62 tables.10 of the tables offer light dining on the sidewalk while the remaining 52 tables are reserved for fine dining and are located on a closed street. In this scenario, 3 accessible tables would need to be provided. One accessible table would be in the light dining area and one accessible table would need to be provided in the fine dining area. The third accessible table could be provided in either area.

• ADA Accessibly FAQs

Tents

If you wish to install a tent, you are required to:

• submit written and signed permission from all abutting neighbors AND
• receive a Tent Permit from the Building Department and Fire Department.

Fire Prevention

Fire lanes, exits, hydrants, fire department connections, and other features of fire protection must be kept clear. 

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Responsibilities of Restaurants

The restaurant, through its owner and/or manager, is responsible for the following as it pertains to the use of the public way:

• Adherence to the plans and documents submitted, reviewed, and approved;
• Procurement of tables, chairs, and any other physical items that will be used in the outdoor dining area; and
• Procurement and installation of temporary safety barriers to protect diners from vehicles and traffic (only applicable to dining areas on private property/private parking lots and dining areas not in the street).

Rights of the City of Northampton

The City of Northampton reserves the right to revoke permission allowing the use of the public way for outdoor dining for the following reasons: 

• The operation of the outdoor dining area is not in compliance with the approved plans and documents submitted;
• The outdoor dining area is not facilitating safe passage in accordance with Americans with Disability Act requirements;
• The License Commission, Building Department, Department of Health & Human Services, Chief of Police and/or their designee’s determine that the operation of the outdoor dining area is negatively impacting public health and safety.