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STATE OF NEW JERSEY

Governor signs outdoor dining legislation

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TRENTON – New Jersey Gov. Phil Murphy today signed bipartisan-sponsored legislation making COVID-19-era outdoor dining permissions permanent for restaurants and certain alcoholic beverage retailers and manufacturers. Restaurants in the Downbeach area and throughout the state will be able to continue using adjacent outdoor spaces and public sidewalks to serve food and liquor. The temporary provisions were due to expire Nov. 30, but will now be permanent.

“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.”

NJ Senators Vince Polistina (R-2) and Paul A. Sarlo (D-36) co-sponsored the bill along with others.

“New Jersey businesses benefited immensely from the innovative measures we adopted during COVID to enable the use of outdoor spaces,” Polistina 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.” 

“Outdoor service has proven to be a real success for restaurants and the communities they serve,” said Sarlo, who 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.”

Senate Bill S-3608, will now allow owners and operators of restaurants, bars, distilleries or breweries to continue using outdoor spaces that they own or lease, are adjacent to, or in reasonable proximity to their business to sell food and beverages. Businesses who seek to use outdoor spaces or public sidewalks must file applications with the municipal zoning officer. 

“This permanent change to the state’s retail consumption segment of the alcoholic beverage industry is a commonsense approach to changing customer preferences,” Division of Alcoholic Beverage Control Interim Director Kirstin Krueger said. “I’m gratified that the pivot we made in 2020 will remain, allowing our industry to stay resilient and keep thriving.”

The temporary measure allowed restaurants to stay open during pandemic-era indoor dining restrictions and serve customers outdoors, bolstering the restaurant industry during difficult times.

Today’s legislation will authorize continued use of fixtures such as tents, canopies, umbrellas, tables and chairs for outdoor dining. 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.


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Nanette LoBiondo Galloway

Award winning journalist covering news, events and the people of Atlantic County for more than 25 years.