Outdoor Dining May Be Here To Stay In Salem

SALEM, MA — The Salem City Council will be looking to formulate guidelines for outdoor dining that make the streetside seating, which was viewed as a business savior for many restaurants during the COVID-19 health crisis, a permanent fixture each summer.

The City Council referred the agenda item to the Committee on Ordinances, Licenses and Legal Affairs with the intent of refining protocols for specific guidelines after relying on the state to extend outdoor allowances for the past three years.

City Councilor Caroline Watson-Felt noted that there is currently no city policy on outdoor dining and that this ordinance would both provide the allowance for the use of sidewalks, potentially portions of city streets and other public ways for that purpose, as well as create uniform expectations and requirements for businesses that wish to take advantage of those opportunities.

"We are in this moment where the timing of a policy really matters," Watson-Felt said, "because our small business owners, our restaurant owners if we were to move forward, need the time to put in the design effort, go through all of the legal channels, all of the city zoning channels. So I am really glad that we're taking it up. This is the right timing.

"We can't expect that the governor's executive order is just going to keep getting continued in perpetuity. It's really responsible to take up this conversation now at this time."

Gov. Charlie Baker signed an executive order in 2020 making it easier for restaurants to utilize outdoor dining without each city and town having to rewrite zoning bylaws at the onset of the pandemic. Despite the end of the state emergency, the order has been extended each year, however without a local ordinance each outdoor dining season has approached with increasing uncertainty about how, and even if, it will happen.

Both mayoral candidates Neil Harrington and Dominick Pangallo expressed support for a permanent outdoor allowance and policy at Wednesday night's debate.

While City Councilor Patricia Morsillo noted on Thursday that the policy "has a lot that needs to be discussed in here (in committee)" the policy as stated on the City Council agenda would require each restaurant to obtain an Outdoor Dining Area License and written approval of the Salem Licensing Board, to be accessible, to be either in clear view of the main establishment or having designated supervision from restaurant management, must not allow smoking or dogs outside of service animals, and include a fee (to be determined) for use of any public sidewalk or parking space.

While subject to discussion and possible change, the policy in the agenda would deem the outdoor "season" to be the first Friday in May through the first Monday in November — thus, including the Halloween season — and would require a special permit for live and recorded music, as well as televisions. Outdoor dining would be allowed during normal operation hours but late-night hours may be restricted "for those businesses not able to keep sound levels within a reasonable limit."

Outdoor areas including and bordering public streets facing traffic would need to be protected by jersey barriers or means deemed suitable.

Once the Committee on Ordinances, Licenses and Legal Affairs determines the specific language of the policy, and votes to accept it, it will return to the full City Council for a discussion and possible vote.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)