Outdoor dining was essential during COVID. And it begged the question: Why wasn’t this allowed all along. Now it is.
On Monday, Gov. Phil Murphy signed S3608/A4866 into law, making outdoor dining permissions permanent for restaurants and certain alcoholic beverage retailers and manufacturers.
The permissions – initially established during the COVID-19 pandemic – were set to expire at the end of this month. Now, they will now be permanent, offering greater support to the food and beverage industry by facilitating opportunities to expand their licensed premises within designated outdoor space or on public sidewalk.
The legislation will authorize continued use of fixtures such as tents, canopies, umbrellas, tables, and chairs for outdoor dining, making permanent a law that was signed by the Governor in February of 2021. Under the new law, the holder of a temporary expansion permit issued by the New Jersey Division of Alcoholic Beverage Control may have their temporary permit converted to a permanent permit, which is renewable annually and is issued at the approval of local officials.
Murphy said it is a step in the right direction for diners – and businesses. “Outdoor dining has proven to be an incredibly successful venture over the past four years, benefiting business owners and patrons alike,” Murphy said. “I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”
Heads of business groups and regulators agreed.
“This permanent change to the state’s retail consumption segment of the alcoholic beverage industry is a commonsense approach to changing customer preferences,” Kirstin Krueger, interim director of the Division of Alcoholic Beverage Control, said. “I’m gratified that the pivot we made in 2020 will remain, allowing our industry to stay resilient and keep thriving.”
Tim Sullivan, the CEO of the N.J. Economic Development Authority, said the bill will have great impact. “During the pandemic, outdoor dining was critical to allowing so many restaurants to stay open, keep employees on the payroll, and continue serving loyal customers,” he said. “Though the pandemic is long behind us, outdoor dining will remain a staple in downtowns and main streets across the state thanks to the bill signed today by Gov. Murphy, helping to revitalize communities by attracting more foot traffic, spurring economic activity, and bolstering small businesses.”
The primary sponsors of S3608/A4866 are
State Sens. Paul Sarlo (D-Wood-Ridge) and Vince Polistina (R-Egg Harbor Twp.), Assemblyman Roy Freiman (D-Hillsborough), Assemblywoman Mitchelle Drulis (D-Hillsborough) and Assemblywoman Barbara McCann Stamato (D-Jersey City) sponsored the bill.
“Outdoor service has proven to be a real success for restaurants and the communities they serve,” Sarlo said, who also serves as Mayor of Wood-Ridge. “It is good for the economy, beneficial for downtown business districts and very popular with patrons and local residents. It is a success story that is well worth continuing.”
Polistina agreed. “New Jersey businesses benefited immensely from the innovative measures we adopted during COVID to enable the use of outdoor spaces,” he said. “By making the temporary outdoor dining and beverage laws permanent, our local businesses will continue to have the flexibility they need to thrive by maintaining the indoor and outdoor seating arrangements that patrons have come to enjoy. This is a big win for business, residents, and local economies.”
