Lawmakers approve outdoor dining change to help Matunuck Oyster Bar after devastating fire
The damaged Matunuck Oyster Bar in South Kingstown is shown on Tuesday, May 20, 2025, the date of a devastating fire believed to have been accidental. (Photo by Laura Paton/Rhode Island Current)
Appreciation for South County's acclaimed Matunuck Oyster Bar transcends political party, evidenced by the Rhode Island General Assembly's universal support to change state outdoor dining regulations on the restaurant's behalf.
Companion bills sponsored by South Kingstown Democrats, Rep. Carol Hagan McEntee and Sen. V. Susan Sosnowski were each approved by their respective chambers in separate, unanimous votes Thursday.
Each chamber must still give the rubber stamp to the other's bill — a process known as concurrence — before the legislation heads to Gov. Dan McKee's desk. McKee has already indicated his support.
The eleventh hour proposal, introduced in the Rhode Island State House one week earlier, offers a temporary solution after a fire permanently closed Matunuck Oyster Bar on May 20.
Perry Raso, restaurant owner and oyster farmer, has cooked up a plan to host diners in a neighboring marina parking lot this summer, which requires a few tweaks to existing state regulations governing al fresco eateries.
'While we know summer at Matunuck Oyster Bar won't look the same this year, this creative solution is a great first step toward welcoming diners back to our tables and keeping our staff working and earning wages during this busy season,' Raso said in a statement Thursday prior to the votes.
Raso said he can keep about 50 members of his 300-person staff on the payroll this summer under the mobile kitchen plan.
'This bill is not only about outdoor dining, it's about protecting jobs, supporting small business and keeping our economy going,' said Rep. Kathleen Fogarty, a South Kingstown Democrat whose district includes the restaurant and Raso's home.
Outdoor dining is no longer a novelty, having become a staple for the state's hospitality industry in the wake of the pandemic. In February 2024, lawmakers approved a new state law regulating outdoor dining, allowing cities and towns to limit outdoor dining on public property and set capacity caps, while protecting restaurant owners from overly restrictive local limits on operating hours and parking.
The bill passed by both chambers Thursday amends the 2024 law, permitting 18 months of outdoor dining — or until the building is 'fit for occupancy' — for restaurants closed due to casualties like floods and fires. Municipal governments would also need to OK the workaround measure for affected restaurants in their communities based on existing local ordinances. Restaurants could serve alcohol outside, too, if they already have a local liquor license.
The added flexibility for outdoor dining in emergencies expires June 30, 2027, though Senator Leonidas Raptakis, a Coventry Democrat, urged fellow senators to consider making the change permanent.
'I think this is a very good tool that helps all businesses in Rhode Island,' Raptakis, who used to own Venus Pizza in Coventry. 'I don't want to see this happen to any business.'
Across the rotunda, Minority Whip David Place,a Burrillville Republican, lobbied unsuccessfully to make the proposal permanent.
'I don't want this to just be here for one business, I want it to be here for every business,' Place said.
McEntee, however, said the sunset provision aligned with prior, pandemic-era outdoor dining laws, which all began as temporary measures and, if proven effective, became permanent.
Place ultimately voted for the legislation as presented, including the 2027 expiration.
The South Kingstown Town Council passed a resolution at its June 9 meeting supporting the state policy change, as requested by Elizabeth Noonan, an attorney representing Raso.
The South Kingstown Town Council must also approve details of Raso's outdoor dining plans, which had not been submitted to the town as of Thursday afternoon, Town Council President Rory McEntee. He is the son of Rep. McEntee.
'We look forward to sharing our plans for al fresco dining in the marina parking lot across the street from the Matunuck Oyster Bar if and when this legislation is enacted, and we remain committed to take any step we can to preserve as many summer shifts for as many of our employees as possible,' Raso said Thursday.
Details on a permanent rebuild and reopening of the famed, 16-year seafood restaurant were not immediately available.
The cause of the fire remains under investigation by the Rhode Island Office of the State Fire Marshal, Matt Touchette, a spokesperson, said Thursday. A preliminary investigation suggested it was accidental, and not caused by commercial cooking equipment.
Rep. Megan Cotter, an Exeter Democrat, recused herself from the vote. Cotter sold the restaurant fish through her job as director of business development and category management for Foley Fish, she said via text Thursday night.
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