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1. Are permits required?

No, the Temporary Certificate for Outdoor Dining (TCOD) is temporary in nature and requires staff review and sign off on the plans submitted.

The TCOD will be reviewed by the Building Official and the Fire Marshal for code compliance if applicable.

All requests for a TCOD will be forwarded to the Westbrook Health Department.

2. What is the fee?

There are no fees associated with a request for a Temporary Certificate for Outdoor Dining (TCOD).

3. What if we already have an outdoor dining area approved by the Town?

You may use your existing outdoor dining area but will have to comply with separation guidelines issued by the Westbrook Health Department or the State of Connecticut, whichever are more restrictive.

Any modifications to exiting outdoor dining areas require the same review process as for those that do not currently exist.

4. Do I need professionally drawn plans for submission?

A survey is preferred.  If one does not exist, a sketch/drawing would be required. The drawing must conform to the requirements listed on the application form.  Plans and written narrative should allow staff to determine the following:

• The exact location and dimensions of the dining area.
• The proximity of the dining area to adjacent uses will help staff determine if screening/fencing is required.
• The number of tables and how they will be spaced.
• The illustrated pathway that will be taken to and from the kitchen by wait staff.
• Location of waste receptacles.
• Location of any temporary structures, including tents.
• Where required by size, tents must meet construction, wind load, and installation standards.
• Where required, tent construction and fire ratings shall be reviewed by the Fire Marshal.

5. Do I need a permit from Westbrook Health Department?

Yes. I would request that you contact:

 Zachary Faiella, the Director of Health, (860) 399-9869 zfaiella@westbrookct.us, or 

Lee Archer, the Sanitarian, (860) 399-3018 larcher@westbrookct.us for details.

 

6. Can I use areas of my parking lot, lawn, or other designated outdoor areas?

Yes, Subject to Westbrook Building, Fire and Health Code requirements, provided appropriate social distancing is implemented. 

For temporary dining areas to be in parking lots, barriers for the protection of patrons will be required. Concrete barriers are preferred.  

Staff may review other types barriers that can effectively shield patrons and workers from vehicles navigating their way through the parking areas.

7. Am I required to cover my dining area (example tent or table umbrellas)?

No, you are not required to cover the temporary dining area.

8. Can I install tents within temporary dining areas?

While a tent is not required, you can install tents in conformance with Building Official and Fire Marshal review and approval. 

Details must be submitted with the application and the Building Official and Fire Marshal should be consulted before submitting plans to avoid delays. 

Note: at present tents will not be able to have sides.

9. Can I serve alcohol?

If you have a permit from the State of CT to serve alcohol on your existing patio with no modifications proposed, yes.

If you are asking for a Temporary Certificate for Outdoor Dining (TCOD) for a modification, or a new patio, The State Liquor Commission will require you to obtain local approval on their form.  They have told the Town that the process will be expedited.  Once your TCOD is approved at the Town level, you may apply to the State.  The Town will sign off on the required forms as quickly as possible.

If you do not have a current liquor license, you will not be able to serve alcohol on the patio.  You may allow BYOB in this case.

The TCOD is for dining with ancillary alcohol service as permitted by the State of CT.  Outdoor bars are not permitted.

Pursuant to Executive Order 7MM, hours of operation are limited to 9:00 PM from Sunday through Thursday and 11:00 PM on Fridays and Saturdays. 

This requirement supercedes any later hours that might otherwise be permitted.

10. How long will my TCOD be valid?

This is a fluid situation involving zoning, building, fire and health approvals. 

1. When the Governor’s Executive Order is lifted and you can resume indoor dining, the Temporary Certificate for Outdoor Dining (TOCD) will be subject to review and may be suspended if it is found that you cannot accommodate both indoor and outdoor dining based upon your unique requirements for parking, and safety factors.
2. Regardless of ongoing reviews, no TCOD will remain in effect past August 31, 2020 unless conflicting Executive Orders are issued by the Governor.  In that case, Certificate extensions may be evaluated.
3. Approvals from the Building and Fire Officials may have varying expiration dates.  These shall be noted in any decision letter authorizing you to proceed.  The applicant must ensure that all aspects of the approvals are kept up to date.
4. All TCODs are subject to revocation for failure to follow safety protocol and/or the creation of any nuisance.

11. Who do I contact for a Temporary Certificate for Outdoor Dining

Contact List:

Eric Knapp, Planning, Zoning and Development Coordinator                    860-399-3041

David Maiden, Building Official                                                                        860-399-2035

Zachary Faiella, Director of Health                                                                  860-399-9869

John Flaherty, Fire Marshal                                                                               860-552-4996