South Kingstown council backs state bill to let restaurants operate temporary outdoor dining after catastrophes

The South Kingstown Town Council voted Monday to send a resolution to the state legislature in support of companion bills — House Bill H6392 and Senate Bill S1139 — that would let food-service establishments operate temporary outdoor dining after a casualty such as a fire or flood.

The measure, advanced at the request of Matunuck Oyster Bar owner Perry Raso and his attorney, Stephen LePaiton, directs the town clerk to communicate formal council support to lawmakers. The council’s resolution passed without recorded opposition.

Supporters told the council the bills are modeled on temporary outdoor-dining rules adopted during the COVID-19 pandemic and are designed to let businesses resume operations quickly after catastrophic damage. “The bill … allows for any food service establishment to open a temporary dining service following a casualty such as a flood or a fire,” attorney Stephen LePaiton told the council, adding that the bills include municipal safeguards, require town approval to operate and would sunset in 2027.

Owner Perry Raso described the immediate impact of the fire at his restaurant and his plan to use space he owns across the street — a tented area with mobile kitchen units — to keep staff working through the busy summer months. “It is…encouragement and the drive to rebuild,” Raso said, thanking firefighters and the community for support.

Council members who spoke in support emphasized the bills’ temporary nature and the municipality’s ability to regulate operations under the draft law. A number of councilors offered to testify in favor of the bills at upcoming committee hearings; the record provided to the council noted the House committee hearing was scheduled for 3 p.m. the next day and the Senate committee for 3:30 p.m.

The council’s resolution notes the draft law would amend Rhode Island General Laws 45-24-37 to permit short-term, temporary outdoor operations for restaurants that sustain catastrophic damage, subject to municipal approval and other state health and life-safety requirements. The resolution instructs the clerk to send that message to the General Assembly immediately.

The vote was taken on the motion directing the clerk to transmit the council’s support; the chair called for a voice vote and recorded it as passing.

The council’s action is procedural: it does not itself change local zoning or permitting. Attorney LePaiton and others stressed that the draft law would require municipal approval as part of its access and that any temporary operation would remain subject to state health and safety rules.

If the legislature enacts the bills and the governor signs them, the change would allow qualifying businesses in South Kingstown and across Rhode Island to seek immediate temporary outdoor dining privileges after a fire, flood or similar casualty, subject to local oversight and an automatic sunset date in 2027.