Temporary outdoor extension of licensed premise guidance and application
You can find information about how to apply for a temporary outdoor extension, and also view a list of restaurants with outdoor dining below:
- Announcement of outdoor extension of a licensed premise
- Advisory regarding the allowance of outdoor dining issued June 8, 2020
- Advisory regarding beer gardens, breweries, wineries, and distilleries issued June 12, 2020
- Guidance for the extension onto outdoor public property (sample documents and pictures included)
- Guidance for the extension onto outdoor private property
- Massachusetts Safety Standards and Checklist for Restaurants
- Initial questionnaire (application)
This initial questionnaire regarding a proposed temporary extension of the licensed premise onto outdoor space will collect information from the licensee to determine whether the proposed extension onto private property, public property, or both, is feasible. A licensed premise is defined as a premise licensed by the Licensing Board for the City of Boston holding a valid Common Victualler or Alcoholic Beverage License.
Extensions into the public way, whether sidewalks or streets, require evaluation by multiple departments to confirm doing so can be done while ensuring the safety of patrons and employees. Upon the initial review of the questionnaire, the Licensing Board will reach out by email to licensees regarding the next steps, which may include completing a second questionnaire. The second questionnaire will require the licensee to submit the following:
- Site Plan
- Health, Safety, and Operations Plan
- Manufacturer's cut sheet and/or photographs of desired barriers
- Copy of the Certificate of Inspection
- Proof of legal right to occupy (private spaces)
- Recent photographs of the proposed extension space
Any approval will be made on a temporary, non-precedent setting basis due to the COVID-19 public health crisis. Any Licensee granted a temporary extension must abide by all rules, regulations, laws, advisories, and guidelines issued by the City, state, and federal government, including all social distancing requirements. All of the foregoing may be amended by the respective agencies at any time
Common questionsCommon questions
The program will extend to the end of the outdoor dining season (weather permitting). Please note: This is on a non-precedent setting basis and will not extend into next year.Can I still submit an application for the outdoor seating? When is the cut-off?
Yes, these applications are reviewed and issued a decision in the order they are received. There is no cut-off date at this time.What is the turnaround time before I am approved?
When you submit your initial questionnaire, a team of reviewers will determine whether the sidewalk or the parking lane may be feasible. This may take 3-5 days.
If you are determined to have a viable outdoor extension option, you will receive an email with a link to the secondary questionnaire to fill out more detailed questions and submit supporting documents such as a site plan. There is a different secondary questionnaire for public and one for private. Please note: The process for a temporary extension on private property can typically be reviewed and approved more quickly than on public property. This is due to the potential public safety and accessibility issues on public property.Who do I contact to see if a place is permitted to have outdoor seating? I would like to request an extension on private and public property? How do I go about doing that?
You will need to complete the initial questionnaire, one for private and one for the public extension. Upon review, you may receive a second questionnaire for each type of application if the extension is feasible.What happens if my initial questionnaire determined that neither the sidewalk or the parking lane is feasible?
The Board will suggest that you find a non-contiguous space which you can apply for through the Special One-day application. There is no fee for this application for the temporary outdoor extension with the exception of Beer Gardens with capacities over 150 persons.Where can I submit a complaint?
You may submit a complaint through the Mayor's 311 Hotline.How do I get "no parking" signs for my approved parking lane extension?
If you are approved for the parking lane, you may contact your neighborhood liaison to obtain the "no parking" signs for your extension.Who is enforcing the rules of the outdoor seating?
The Licensing Board, with the assistance of the Boston Police, Transportation Department (BTD) , and the Public Improvement Commission (PIC), are enforcing the rules on outdoor seating. All restaurants with outdoor seating (approved and non-approved) will have on-site inspections throughout the extension period.
Those with immediate public safety hazards will be asked to cease operations immediately until the public safety concern has been rectified. Issues that are not considered a public safety hazard will be given 48 hours to rectify the issue. Licensees must submit a photograph of their activated site with barriers and furniture for review by the Licensing Board and other City departments in order to receive final approval for the requested extension space.What are the hours of operation?
- Sunday through Thursday : 10 p.m. (Patrons out by 10:30 p.m.)
- Friday through Saturday : 11 p.m. (Patrons out by 11:30 p.m.)
No, the city is not providing barriers at this time. The barriers in the North End are being collected as they were dispersed temporarily to help correct the many violations of barrier requirements.Does the City have ADA compliant accessible ramps that we can use? What is the policy on masks?
All licensed premise staff must wear masks at all times. Face shields are not sufficient, per Health guidelines. Patrons must wear masks until they have been seated for service.Can we play music?
Entertainment of any sort is not permitted on temporary outdoor extensions at this time. This may be revisited in the future. Licensed premises who hold an annual entertainment license which permits entertainment on the patio are permitted entertainment.
Licensed premises who hold an annual entertainment license for inside the establishment may have background music indoors only. Live entertainment (for example, dancing, DJ, karaoke, and trivia) is not permitted at this time. An Advisory will be issued shortly on this matter.How far do the tables have to be?
Tables must be at least six feet apart measured from table to table (not chairs), per State guidelines.How many customers can I have at each table?
A maximum of six patrons per table is permitted.I already have a patio. Do I still need to apply for this license?
If you have been approved for a patio, you will not need to apply for this temporary extension. However, if you would like to expand your existing patio further or use other spaces that have not been approved by the Board, then you will need to apply.How much does this permit cost?
There is no fee for the extension with the exception of Beer Gardens with capacities over 150 persons.Can I serve alcohol on my approved extension?
If you currently hold a license to sell beer, wine, malts, or liquor then yes, you may serve this on your contiguous extension. However, if your extension is non-contiguous, with the approval of the Special One-day permits, you may only serve beer and malt beverages.What does a "contiguous" extension mean?
Contiguous is defined as land adjoining or touching by common corner or otherwise.If I am requesting an extension across the street, is that allowed?
It may be permitted with the approval of the reviewer team. However, spaces across from the licensed premise is considered non-contiguous and would require a Special One Day permit.Can a Retail package malt and wine grocery store apply for outdoor extension?
No, they may not.Can we use couches on our outdoor extension?
Couches are not permitted.Do we have to serve food?
If a Licensee seeks to open as part of Phase 2, Step 2 for outdoor and indoor dining pursuant to social distancing and operational requirements, food must be available to patrons. It is the Licensee's responsibility to ensure that an adequate amount of food is available to patrons at all times. Any Licensee that runs out of food must cease operations unless and until it can resume food offerings. Food offerings must consist of more than simply prepackaged snack foods such as chips or candy. Licensees who do not have a Common Victualler (CV) license (food serving permit) will be granted a temporary CV. It is the responsibility of the licensed premises to obtain the temporary CV from the Licensing Board.
Bar seating is not permitted, as there cannot be a six-foot distance between the patron and bartender. However, licensed premises may add an extension (table) that allows for six feet between the patron and bartender. These additional seats must abide by the capacity listed on the Certificate of Inspection.Is entertainment permitted?
Licensed premises who hold an annual entertainment license for inside the establishment may have background music indoors only. Live entertainment (for example, dancing, DJ, karaoke, and trivia) is not permitted at this time. An Advisory will be issued shortly on this matter.What are the hours of operations?
The indoor hours of operations are the hours that are listed on your Licensing Board license (for example, Common Victualler, Alcohol Beverage, and Entertainment).