(a) Definition. For purposes of this section, “food service facility” has the meaning stated in § 21-301 of the Health-General Article of the State Code.
(b) Requirements. Subject to subsection (d), a food service facility may continue to utilize outdoor seating for food and beverage service if:
(1) the food service facility has utilized outdoor seating pursuant to Executive Order No. 22, dated May 29, 2020, issued by County Executive Pittman, as renewed by Executive Order No. 46, dated April 27, 2021, issued by County Executive Pittman, continuously since a date between March 13, 2020, and May 21, 2021;
(2) the food service facility has continuously complied with all requirements of Executive Order No. 22, dated May 29, 2020, issued by County Executive Pittman, as renewed by Executive Order No. 46, dated April 27, 2021, issued by County Executive Pittman, and Bill No. 55-21, as amended by Bill No. 83-21, Bill No. 1-23, and Bill No. 85-23; and
(3) (i) within 90 days of June 23, 2024, the food service facility shall file an application on a form provided by the Planning and Zoning Officer to continue to utilize outdoor seating for food and beverage service; and
(ii) the Planning and Zoning Officer issues a written determination, within their sole discretion, that the applicant has established that it has met the requirements of paragraphs (1), (2), and (3) and may continue to utilize outdoor seating for food and beverage service so long as it continues to comply with all requirements of Executive Order No. 22, dated May 29, 2020, issued by County Executive Pittman, as renewed by Executive Order No. 46, dated April 27, 2021, issued by County Executive Pittman, and Bill No. 55-21, as amended by Bill No. 83-21, Bill No. 1-23, and Bill No. 85-23.
(c) Compliance – other. If a food service facility does not meet the requirements of subsection (b), then outdoor seating for food and beverage service shall comply with all other applicable provisions of this Code.
(Bill No. 16-24)