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Committee flags alcohol licensing as barrier to outdoor dining, staff cites need for local enabling legislation

Charles Town Ordinance Committee · August 15, 2024
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Summary

Staff told the committee that Alcoholic Beverage Control guidance appears to require local enabling legislation to allow alcohol service as part of outdoor dining; the committee asked staff to confirm whether state COVID-era exceptions applied and to outline options.

A staff member told the ordinance committee that ABC applications and past practice suggest the town must adopt local enabling language to allow alcohol service tied to outdoor dining. "There has to be an enabling legislation from us that permits outdoor dining," the staff member said, and members asked staff to confirm whether pandemic-era exemptions elsewhere would apply here.

Committee members pressed for specifics about what kinds of alcohol had been allowed in other jurisdictions and whether rules limited service to beer and wine. As one member asked, "Were they selling just wine and beer or did they include mixed drinks too?" Staff will consult ABC guidance and return with a recommended legislative approach and draft language for council consideration.