(a) A city or town may adopt ordinances that: (1) Limit outdoor dining on public property; (2) Limit capacity for outdoor dining; and (3) Require barriers for outdoor dining that border parking lots or roadways. (b) A city or town shall not: (1) Adopt an ordinance prohibiting outdoor dining; (2) Adopt an ordinance limiting the time of year when outdoor dining may be offered; (3) Restrict the hours of outdoor dining operations inconsistent with the food service establishment’s existing licensure, except between the hours of 10:00 p.m. and 7:00 a.m.; or (4) Require new parking capacity standards on a food service establishment for an outdoor dining area built in compliance with § 45-24-46.5, in excess of any in existence prior to March 1, 2020. (c) Nothing in this section shall be construed to: (1) Restrict municipal enforcement of noise ordinances; or (2) Authorize or entitle a food service establishment to conduct outdoor dining on areas for which they do not have legal ownership or possession unless explicitly authorized by such landowner or their authorized representative.
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