NJ Bill To Give Bars More 'Outdoor' Freedom Amid COVID Is Vetoed

NEW JERSEY – Gov. Phil Murphy vetoed a bill on Monday that he says would have allowed New Jersey bars and restaurants more freedom while operating outside amid the coronavirus pandemic.

The bill would have permitted owners and operators of restaurants, bars, distilleries and breweries to continue to utilize outdoor spaces or public sidewalks as extensions of their business premises, Murphy said.

The governor, however, said towns would be prohibited from restricting the hours of outdoor dining beyond the timeframes established in the bill.

The exception would be if the municipality had previously delineated more restrictive hours for indoor dining via ordinance prior to March 1, 2020. The public health emergency was declared two weeks later.

Murphy said he commends the bill’s sponsors for their efforts to assist New Jersey’s businesses and farms in finding creative ways to continue to operate during the COVID-19 emergency.

"Bars and restaurants are among the businesses hardest hit by the pandemic," he said. "Small producers and retailers of alcoholic beverages also have not been immune to the devastating impacts of the crisis.

However, in seeking to deliver a degree of relief to these businesses, the bill "circumvents existing
licensing and regulation processes critical to protecting the public’s health and safety," Murphy said.

For example, the process for allowing these businesses to expand into outdoor spaces would "divest" the Division of Alcoholic Beverage Control of the enforcement authority it shares with municipalities "and transfer review and oversight exclusively to local governments," Murphy said.

Also, he said, municipalities would have almost no ability to reject an application based on public health or safety concerns, such as a proposed expanded area’s proximity to a school or church, or a licensee’s previous violations of the Alcoholic Beverage Control Act.

"The bill also would restrict a municipality’s ability to regulate the hours of operation of restaurants and bars in contravention of Executive Order No. 195, which empowers
municipalities and counties to limit the hours of operation of non-essential businesses based on COVID-19 public health concerns," he said.

Murphy said this part of the bill would have immediate consequences since Newark currently limits outdoor dining after 9 p.m., pursuant to an executive order by Mayor Ras Baraka. "Signing this bill into law would immediately overturn these restrictions and disrupt Newark’s plan to combat COVID-19," he said.

Murphy said aspects of the bill "encroach on the authority of both the ABC and municipal governments to protect the public’s health and safety, and because many of the
bill’s goals have already been achieved, I am unable to support it."

"I look forward to working closely with my partners in the Legislature in the days and weeks ahead to continue to advance creative solutions to help combat the economic turmoil caused by the COVID-19 pandemic," he said.

The full Assembly recently voted 74-0 to approve the legislation, with members saying the legislation was intended to allow restaurants, bars, distilleries and breweries to better utilize outdoor spaces to serve food and beverages, including alcoholic beverages, until businesses can operate in New Jersey without capacity limits.

The Senate also approved the measure by a vote of 39-0.

The bill also would have allowed tents, enclosed canopies and other temporary outdoor spaces to remain in place during the COVID-19 emergency. This includes temporary spaces used by farmers markets, retail businesses, restaurants, breweries, wineries or other places where food or beverages are sold.

Sponsors of the bill, Assembly Democrats Roy Freiman (D-Somerset, Mercer, Middlesex, Hunterdon), Vince Mazzeo (D-Atlantic), Anthony Verrelli (D-Mercer, Hunterdon)) and Eric Houghtaling (D-Monmouth), released the following joint statement two months ago:

“Moving operations outdoors has been a lifeline for businesses to stay afloat amid COVID-19. From outdoor dining in parking lots to shopping under canopies, businesses have found creative ways to serve their patrons during this public health crisis. While the struggles of restaurants and retailers have been largely documented, commercial farms and farmers' markets have also suffered as a result of the coronavirus. All have needed to adapt and rise to this unprecedented challenge.

“This legislation is an example of finding a creative solution that will protect public health and help our economy continue to recover.”