New Jersey Senators Vince Polistina (R-02) and Paul A. Sarlo (D-36) are co-sponsoring bipartisan legislation to make permanent Gov. Phil Murphy’s Executive Order that allows restaurants to serve alcoholic beverages on adjacent outdoor spaces.
The governor’s temporary measure, which has been extended several times since it was instituted during the COVID-19 pandemic, is due to sunset on Nov. 30. The executive order allows restaurants to use adjacent outdoor spaces, and public sidewalks and streets to serve liquor along with food offerings. Municipalities were required to review plans for outdoor dining on sidewalks to ensure proper passage of pedestrians before issuing a temporary permit to the operator.
Senate Bill 3608 passed the Senate Budget and Appropriations Committee unanimously on Oct. 7 with a vote of 13-0.
“In the years since COVID, businesses have benefitted immensely from the use of outdoor spaces and the public has come to appreciate those expanded options,” Polistina said in a release. “By making sure the temporary law becomes permanent, we can ensure that businesses continue to flourish.”
S-3608 would allow owners and operators of restaurants, bars, distilleries and breweries to use outdoor spaces they own or lease and are adjacent to their business for selling food and beverages. Owners who seek to use outdoor spaces or public sidewalks must file applications with the municipal zoning officer, continuing the procedures of the temporary laws.
Margate Business Association President Ed Berger said the MBA fully supports the legislation.
“Let's be clear, the people that have residences in Margate and visit Margate have proven in the years since COVID that outdoor dining is what they want,” he said. “In a city where most of our business is conducted in a 100-day window, regardless of the need to pay rent, taxes, debt service and utilities for 365 days a year, outdoor dining is a significant benefit.”
Berger said the law, if passed, will fill the needs of patrons who enjoy outdoor dining, and help the restaurant industry survive in a seasonal market.
You can read the full text of S-3608 here.
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