Title 45
Towns and Cities

Chapter 24.7
Outdoor Dining Act

§ 45-24.7-2. Definitions.

As used in this chapter, the following words and terms shall have the following meanings:

(1) “Food service establishment” means any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage education facility, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(2) “Outdoor dining” means the use of an adjacent, outside area by a food service establishment for the same eating and drinking activities that occur within the establishment.

(3) “Outdoor dining area” means any designated area outside the principal building of a food service establishment which is designed, established, or regularly used for consuming food or drink. Outdoor dining areas do not include any unenclosed dining area at a private residence.

(4) “Restaurant” means an eating establishment, including, but not limited to, coffee shops, cafeterias, and private and public school cafeterias, that give or offer for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.