Gov. Murphy Signs NJ Dining Expansion Bill Into Law Amid COVID

NEW JERSEY –Gov. Phil Murphy recently vetoed a bill that would give bars and restaurants more freedom amid the COVID crisis. Now he's signed a new version into law.

Murphy on Friday signed new legislation that will give owners and operators of restaurants and bars, distilleries more freedom to operate outdoors amid the pandemic.

“As we weather the devastating effects of the COVID-19 pandemic, we are continually trying to find new and innovative ways to aid our state’s business community while not sacrificing our public health,” said Murphy. “This bill will give our restaurants more certainty for the future so they can once again lean into the outdoor expansions we allowed this past summer to help recoup losses and strengthen their businesses and the jobs they support.”

Murphy signed the new bill into law on Facebook Live. You can watch it here:

Murphy will also expected to address the dining bill during his 1 p.m. news conference. Read more: WATCH LIVE: Gov. Murphy Issues NJ Coronavirus, Vaccines Update

Murphy signed a new bill sponsored by Sens. Paul Sarlo, Nellie Pou and Vin Gopal to expand opportunities for restaurants, bars, distilleries, and breweries to operate outdoors until at least November 30, 2022, regardless of when full capacity indoor dining is permitted to resume.

In a signing statement, Governor Murphy noted that this extension will be automatic for all permitholders.

The new law also will:

• Update regulations to allow restaurants, bars, distilleries, and breweries to utilize covered and uncovered patios and decks, yards, walkways, parking lots and public sidewalks for both food and alcohol consumption.
• Require business operators to file an application with the municipal zoning officer which cannot be rejected if the business is compliant with the provisions of the bill as well as local ordinances related to health, safety, fire, and zoning.

The legislation also authorizes the Division of Alcoholic Beverage Control to create a seasonal farm market permit to allow a holder of a limited brewery license, restricted brewery license, craft distillery license, plenary winery license, farm winery license, or cidery and meadery license to sell any of the licensee’s products in original containers at a seasonal farm market for off-premises consumption. The permit could be a daily or annual permit.

The new law, S-3340, is the product of discussions among the governor's office, Assembly sponsors and Senate President Steve Sweeney, who authorized the request to move swiftly on the measure, Sarlo said.

The new law would give local towns more authority over the decisions made by local businesses, lawmakers said.

The signing comes as Murphy announced during the last news conference that he's going to roll back New Jersey indoor COVID-19 restrictions just in time for the Super Bowl. Read more: Gov. Murphy To Loosen NJ's Indoor COVID-19 Rules

“This is important and it is timely,” said Senator Sarlo, D-Bergen/Passaic, who chairs the Senate Budget Committee. “Restaurants, bars, distilleries and breweries have experienced significant business losses because of the coronavirus crisis, the resulting shutdowns and reduced capacities. The months ahead will be pivotal for their survival.

"They need to know that they are permitted to operate outdoors for the next two years so that they can invest in purchasing fixtures such as tents and umbrellas necessary for outdoor dining.”

The new law also comes after Murphy defended his January decision to veto another bill that also gave restaurants and bars more freedom amid the COVID-19 crisis. Following the veto, New Jersey businesses were going to court to limit his power on these decisions.

Last month, Murphy said the initial legislation he vetoed would "take away authority" from local towns and cities, as well as the Division of Alcoholic Beverage Control, as they try to manage businesses amid the coronavirus outbreak.

"Some folks would like to say that bill that we vetoed didn't do that," he said. "Well, it did."

That bill also 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.

Under the initial bill, however, the governor said towns and the ABC would be virtually powerless from restricting the hours of outdoor dining beyond the timeframes established in the bill.

The exception would have been 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. Read more: NJ Bill To Give Bars More 'Outdoor' Freedom Amid COVID Is Vetoed

With the new law, Pou stressed the importance of alleviating any ambiguity by establishing a standardized application process and operating standards for restaurants to utilize outdoor spaces.

“This is a responsible way to help restaurants, bars, distilleries, and breweries that have experienced significant losses so they can generate enough economic activity to survive this crisis,” said Senator Pou, D-Passaic. “It is important that we establish consistent standards that provide predictability. We have to try to do right by local businesses so they can maintain their place in their home communities.”

Murphy recently said that "the headlines around this (are) we vetoed outdoor dining. That's the last thing from the truth ... I think if you look at our dining reality, both indoors and outdoors, we have been as consistent as any state in America.

"And that's not to make restaurant owners feel good, because this has been an awful avalanche of misery. I get that. But when we opened up indoors on September 4th, 2020 at 25 percent, we have not wavered for one minute since then, up or down," he added. "I wish we could go up but as you can see with the numbers, that's not in the cards right now."

Murphy said his administration encouraged outdoor dining when it restarted June 15th "as aggressively as any American state working with municipalities, working with the ABC."

"So with all due respect to the way the press has reported this, we have been on the right side of this one," he said.

Murphy's defense of the veto came as the New Jersey Business & Industry Association filed an amicus brief in the US Court of Appeals for the Third Circuit in support of a recent lower court decision addressing the constitutionality of key aspects of COVID-19 emergency orders. Read more: Gov. Wolf's Coronavirus Restrictions Unconstitutional: Judge

Lawmakers from Murphy's own party are also pushing a bill that would direct the Murphy administration to develop and implement a county-based mitigation plan that would allow more businesses to operate during a pandemic. Read more: NJ Lawmakers Push Big Changes To Gov. Murphy's COVID Management

In its filing, NJBIA argues that, while a state’s chief executive should have broad powers to act to protect public health during an emergency, those powers are not unlimited and must be subject to constitutional limitations.

The organization acknowledged to Patch that it's hoping to limit the powers of Murphy and other governors over the decisions they make amid the pandemic.

NJBIA also contends that, while deference is rightfully given to the government to act in the early stages of a public health emergency, those government actions should be more closely scrutinized as temporary measures give way to longer-term mandates that impact people’s lives.

“We are not challenging any specific actions taken by governors during the pandemic,” NJBIA President and CEO Michele Siekerka said. “But we do believe good governance requires a series of checks and balances with more than one individual engaged in the decision-making process during a protracted emergency.”

“As long-term restrictions with untold impacts on people’s livelihoods continue, it is imperative that there is a transparent process, supported by established scientific facts, behind critical decisions. That is what we are seeking with this action,” he added.

In September, the US District Court for the Western District of Pennsylvania ruled that certain conditions of the Pennsylvania governor’s COVID-19 emergency orders are unconstitutional, including aspects of the orders that mandated the closure of certain businesses. That decision is currently being appealed by the state.

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