(a) A city or town may adopt ordinances that:
(1) Limit outdoor dining on public property;
(2) Limit capacity for outdoor dining; and
(3) Require barriers for outdoor dining that border parking lots or roadways.
(b) A city or town shall not:
(1) Adopt an ordinance prohibiting outdoor dining;
(2) Adopt an ordinance limiting the time of year when outdoor dining may be offered;
(3) Restrict the hours of outdoor dining operations inconsistent with the food service establishment’s existing licensure, except between the hours of 10:00 p.m. and 7:00 a.m.; or
(4) Require new parking capacity standards on a food service establishment for an outdoor dining area built in compliance with § 45-24-46.5, in excess of any in existence prior to March 1, 2020.
(c) Nothing in this section shall be construed to:
(1) Restrict municipal enforcement of noise ordinances; or
(2) Authorize or entitle a food service establishment to conduct outdoor dining on areas for which they do not have legal ownership or possession unless explicitly authorized by such landowner or their authorized representative.