TRENTON, NJ – New Jersey restaurant goers who enjoy dining al fresco will continue to be able to enjoy their favorite restaurants that have outdoor dining permits under a new law signed by Governor Phil Murphy.
During the COVID-19 pandemic, restaurants as well as certain alcoholic beverage retailers and manufacturers in many communities were allowed to obtain permits to create outdoor dining areas. That temporary law was set to expire on November 30, 2024.
The new law, however, allows these outdoor dining establishments to become permanent by facilitating opportunities to expand their licensed premises within a designated outdoor space or on public sidewalks.
“Outdoor dining has proven to be an incredibly successful venture over the past four years, benefiting business owners and patrons alike,” said Governor Murphy. “I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”
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The new law further authorizes 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.
The holder of the temporary expansion permit issued by the New Jersey Division of Alcoholic Beverage Control (ABC) may have their temporary permit converted to a permanent permit, which is renewable annually and is issued at the approval of local officials.
“This permanent change to the state’s retail consumption segment of the alcoholic beverage industry is a commonsense approach to changing customer preferences,” said Kirstin Krueger, Interim Director of the Division of Alcoholic Beverage Control. “I’m gratified that the pivot we made in 2020 will remain, allowing our industry to stay resilient and keep thriving.”
“This extension not only allows restaurants to thrive by offering expanded seating options but also plays a significant role in driving economic development across our towns," said Michael Egenton, Executive Vice President – Government Relations, New Jersey State Chamber of Commerce. “Outdoor dining has transformed our communities, creating vibrant, engaging environments that attract residents and visitors alike."
Natalie Pineiro, Executive Director of Downtown New Jersey, says the law plays a "transformative role outdoor dining plays in our downtowns.”
“Outdoor dining enhances the vibrancy of our communities, driving foot traffic, supporting small businesses, and contributing to the growth of local economies. This bill will ensure that downtowns across the state remain hubs of activity and innovation, benefiting both businesses and residents alike," added Pineiro.
Under the law, business operators that hold these permits will need to continue to be compliant with local ordinances related to health, safety, fire, and zoning. They also must comply with state fire code regulations that restrict using tents during winter months due to snow-load factors.
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