Final Fate Of Outdoor Dining Decided In NJ

NEW JERSEY — It's official: Outdoor dining is a permanent fixture at New Jersey restaurants, bars, breweries and other establishments.

During COVID-19, the New Jersey Division of Alcoholic Beverage Control issued a Special Ruling that allowed restaurants and bars to temporarily establish outdoor locations. Gov. Phil Murphy signed legislation on Monday (S3608/A4866) making those permissions for outdoor dining and alcohol sales permanent.

The pandemic-era rule was set to expire on Nov. 30. Under the new law, eateries, distilleries, breweries, and bars can permanently extend their premises to outdoor spaces and public sidewalks. This includes the continued use of tents, canopies, umbrellas, tables, chairs, and other outdoor equipment.

Murphy and the bills' sponsors noted how important outdoor seating was for restaurants and bars to stay afloat during the height of the pandemic, and that it was a popular option for patrons and residents to dine out.

“Outdoor dining has proven to be an incredibly successful venture over the past four years, benefiting business owners and patrons alike,” Murphy said in a statement. “I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”

Businesses that have a temporary expansion permit from the Division of Alcoholic Beverage Control can now get a permanent permit, which is renewable annually.

Those businesses must continue being compliant with local health and safety ordinances, and the new law does not change state fire code regulations that restrict tents during winter months.

“This bill is a direct response to what our constituents have told us they want: more flexibility for business owners and more vibrant spaces to enjoy their favorite local businesses,” said Assemblywoman Mitchelle Drulis (D-NJ-16).