A pandemic-era program involving rules on outdoor dining was due to expire at the end of November. (Photo by Dana DiFilippo | New Jersey Monitor)
An Assembly panel unanimously approved legislation Thursday that would make permanent pandemic rules allowing restaurants, bars, and other retailers to serve food and drink on sidewalks and other outdoor areas.
The bill approved by the Assembly Oversight, Reform, and Federal Relations Committee would allow the state’s alcohol regulators and local officials to issue permits for businesses to erect outdoor dining areas on their premises or leased public spaces, extending a pandemic-era program due to expire at the end of November.
“It’s important to our trade. Our customers like it. The downtown communities like it. Even those who are not in the food and beverage industry enjoy the foot traffic,” said Assemblyman Roy Freiman (D-Somerset), the bill’s sponsor. “Overall, the community likes the vibe it creates of having people outside. This is a win all around.”
New Jersey first moved to allow outdoor dining and alcohol service in June 2020, when Gov. Phil Murphy issued an executive order meant to allow restaurant operations amid shutdown orders and strict limits on indoor capacity.
Those rules were codified on a temporary basis in early 2021 and extended in August 2022, subject to seasonal restrictions that limited outdoor service between Dec. 1 and March 31.
“We as New Jerseyans, as well as the rest of the country, all of a sudden became aware of something that Europeans have known for hundreds of years: That it’s enjoyable to eat outside,” Freiman said.
The bill advanced Thursday would allow holders of temporary expansion permits to convert them to non-pandemic permits. There would be no seasonal prohibitions on outdoor service.
Permits issued to restaurants that do not serve alcohol would renew annually, while those issued to holders of manufacturer or retail liquor licenses would be renewed concurrently with the liquor license.
Officials have hailed outdoor dining as an economic boon for small businesses.
“This is a great opportunity for municipalities,” said Assemblyman Reginald Atkins (D-Union). “I remember when I was mayor, we were able to promote and say ‘buy local.’”
The legislation would allow municipalities to limit outdoor service between 10 p.m. and 11 a.m. Sunday through Wednesday, or midnight and 11 a.m. Thursday through Saturday.
Excepting cities with more than 150,000 residents, municipalities cannot issue more stringent hour restrictions on outdoor dining unless they are also applied to indoor dining as a condition of the business’s zoning approval.
We as New Jerseyans, as well as the rest of the country, all of a sudden became aware of something that Europeans have known for hundreds of years: That it’s enjoyable to eat outside.
– Assemblyman Roy Freiman
The bill would afford local governments broad latitude to regulate musical performances, projections, and television displays in outdoor dining spaces.
“Municipalities appreciate this, and in particular the flexibility. Not only the flexibility for the establishments … but the flexibility for the municipality to handle issues of hours-of-operation, insurance,” said Assemblyman Mike Inganamort (R-Morris), a former mayor of Chester Township.
As was the case under temporary outdoor dining permits, restaurants, breweries, and other businesses can erect tents, canopies, and other fixtures in outdoor dining areas.
Outdoor dining permits under the bill must be approved by the municipality and, in the case of a liquor license holder, by the Division of Alcoholic Beverage Control.
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