Repeal of The Town Of West Hartford City Ordinance §177-37.2 B-7 " Outdoor Dining "

A rarely enforced ordinance limiting outdoor dining in West Hartford has come back to life as downtown becomes more popular.

Town police have reminded business owners of a 10 p.m. curfew on outdoor dining. The ordinance allows customers who order food outside an establishment before 10 p.m. to stay seated as long as it takes to finish dining.

Food and drinks must be served inside after 10 p.m.

For years, the curfew was seldom enforced because there was no need to follow it.

But a decade of development in the town center, including a $158 million retail-residential complex, made West Hartford a restaurant destination for visitors from as far away as Massachusetts and the shoreline.

However, complaints from some residents about the downtown activity spurred reminders of the curfew.

"B. Operations.
(1) Outdoor dining areas shall be capable of accommodating disabled patrons.
(2) Pass-through or take-out windows are prohibited. Any door used to deliver food from the restaurant to an accessory outdoor dining area shall be self-closing, unless an alternative mechanism is approved by the Bloomfield-West Hartford Health District.
(3) Any applicant seeking approval of an outdoor dining area shall provide the Plan and Zoning Commission with written assurance from the Bloomfield-West Hartford Health District that:
(a) The kitchen facilities in the restaurant are adequate to service the entire restaurant, including the outdoor dining area. Cooking shall not be permitted outside the restaurant.
(b) Any outdoor service areas, including storage areas for both clean and dirty plates and utensils, condiments, drinking water and similar supplies, are appropriately protected.
(c) Refuse receptacles appropriate to the use shall be provided for patrons and/or wait staff.
(4) No heaters may be installed or used without the prior approval of the Plan and Zoning Commission. If an applicant seeking approval of an outdoor dining area proposes to provide any source of heat for the benefit of patrons, it shall so state in its application and shall provide the Plan and Zoning Commission with a plan, approved by the Fire Marshal, for the placement and operation of said heaters as well as for the storage of fuel used by said heaters.
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Town Council Meeting March 25, 2008 Agenda No. 8
(5) Public address systems or other systems intended to convey verbal messages through the use of amplified sound shall be prohibited. If an applicant seeking approval of an outdoor dining area proposes to provide any form of music for the benefit of patrons, it shall so state in its application and shall provide the Plan and Zoning Commission with specific details regarding the manner in which music to be provided. The Plan and Zoning Commission may impose any restrictions upon the playing of music which it deems to be appropriate given the location of the proposed outdoor dining area or any other circumstances that the Commission deems to be relevant.
(6) Restaurant management shall ensure that the patrons of the outdoor dining area do not disturb persons beyond the premises of the restaurant through loud, boisterous or unreasonable noise, offensive words or disruptive behavior. Patrons must be seated at tables. Bar service, whether patrons are standing or seated at stools, is not permitted. The service of alcoholic beverages must be adjunct to the service of food.

(7) No patrons shall be seated between the hours of 10:00 p.m. and 7:00 a.m.

(8) Animals shall not be permitted within outdoor dining areas, except for service animals.
(9) Lighting shall be limited to that level which is necessary to illuminate the outdoor dining area for patrons and staff. Flashing/blinking lights shall be prohibited."