Committee gives favorable recommendation to outdoor-dining ordinance with nine-month option and fee language deferred

The Economic Matters Committee recommended approval of Ordinance O-10/24 on outdoor dining after amending the measure to permit seasonal outdoor dining for up to nine months and to defer final fee language to a subsequent resolution.

The committee's vote advances the ordinance to the full Annapolis City Council as the committee concluded a lengthy debate over hours, enforcement and fees. The committee also considered several amendments and recorded mixed votes on provisions that would extend weekend/holiday hours and allow patrons to "finish" drinks after new-service cutoffs.

The change that most lawmakers debated, amendment 3a, expands the seasonal outdoor-dining period from six months to nine months. Alderman Gay moved a favorable recommendation for amendment 3a and the committee approved it. Alderman Savage said he initially opposed anything longer than six months because he wanted to encourage businesses to seek permanent outdoor-dining approvals instead of relying on extended seasonal allowances. He told the committee he had modified his approach by proposing a fee structure to incentivize permanent conversions.

Local resident and negotiator Mike Tomassini, who said he had been "actively shepherding this legislation and negotiating with the restaurant owners and the sponsors," urged the committee to move the ordinance forward so businesses could gain regulatory certainty. "We've reached something pretty close to what everybody wanted," Tomassini said.

The committee debated an amendment (amendment 4) that would have allowed outdoor dining until 10:30 p.m. on Fridays and Saturdays and until 11 p.m. on holiday Sundays in certain plazas; members split on that timing during debate. Committee members discussed enforcement pathways for noise and nuisance complaints; law office counsel indicated that enforcement would fall to the Department of Planning and Zoning or the Department of Public Works, and that the Board of Appeals is not a primary enforcement body but would hear appeals of administrative decisions.

A separate amendment (referred to as the "nurse your beer" amendment) that would have allowed patrons already served to finish drinks after service cutoff failed to gain committee support; the committee issued an unfavorable recommendation on that amendment.

Committee members agreed that alcoholic beverage service changes that materially expand a licensed establishment's footprint would still require review by the Alcoholic Beverage Control board. Legal counsel also confirmed the ordinance must comply with existing noise ordinances and that code enforcement and police resources would be the practical tools for handling complaints.

Because staff had not yet provided a proposed fee schedule, the committee voted to take no action on amendment 6 (the fee-structure amendment) and asked staff to provide fee recommendations and a related resolution before the council vote. Alderman Savage said the intent is to charge seasonal dining fees monthly, with a reduced charge for permanent conversions to encourage businesses to move toward permanent dining options.

With those amendments and the fee language deferred to a staff-prepared resolution, the committee moved a favorable recommendation for O-10/24 as amended and advanced it to the full council.

Votes at a glance: amendment 3a (nine-month seasonal authorization) — favorable recommendation to council; amendment 4 (expanded weekend/holiday hours) — divided committee vote during debate; amendment 5 ("nurse your beer") — committee issued an unfavorable recommendation; amendment 6 (monthly fee language for seasonal dining) — no action; O-10/24 as amended — favorable recommendation to full council.

The ordinance will proceed to the full City Council for final consideration; staff will return recommended fee language and clarifying enforcement procedures before the council hearing.