Bill Text: NJ A4974 | 2020-2021 | Regular Session | Introduced
Bill Title: Expands opportunities for restaurants, bars, and breweries to provide outdoor dining.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2020-11-12 - Introduced, Referred to Assembly State and Local Government Committee [A4974 Detail]
Download: New_Jersey-2020-A4974-Introduced.html
Sponsored by:
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)
SYNOPSIS
Expands opportunities for restaurants, bars, and breweries to provide outdoor dining.
CURRENT VERSION OF TEXT
As introduced.
An Act creating opportunities for restaurants, bars and breweries to adjust operations in response to the COVID-19 public health emergency through expanded outdoor dining.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Brewery" means a brewery operating under a brewery license pursuant to R.S.33:1-10.
"Food" means food that is cooked, prepared, sold, served, and consumed on the business premises.
"Outdoor space" means a patio or deck, either covered or uncovered, a yard, a walkway, or a parking lot, or a portion of any such space.
"Public sidewalk" means a sidewalk on the public right-of-way which is adjacent to the business premises, or a portion thereof.
2. a. Notwithstanding the provisions of any law to the contrary, during the period that this act is in effect, the owner or operator of a restaurant, bar, or brewery may use outdoor spaces which they own or lease and which are located either on, or adjacent to, their business premises, as an extension of their business premises for the purpose of conducting sales of food and beverages, including alcoholic beverages if so licensed.
b. The owner or operator of a restaurant, bar, or brewery desiring to utilize outdoor spaces as an extension of their businesses shall file an application with the municipal zoning officer that includes: (1) a plan, sketch, picture, or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, and other fixtures of the outdoor spaces; and (2) a plan for the control of litter, the removal and storage of garbage, and the cleaning of fixtures and grounds. If a business premises' parking lot is used for the service and sale of either food or beverages, or both, including, but not limited to, alcoholic beverages if so licensed, the restaurant, bar, or brewery shall not encumber more than 75 percent of the lot's total parking spaces for such service and sale, unless the parking lot contains less than eight parking spaces, and shall maintain at least one handicapped parking space in the parking lot.
c. A municipality may require that an applicant provide one or more of the following: (1) written consent of the owner of the premises, if other than the applicant, (2) an insurance certificate naming the municipality as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility, or (3) an indemnification agreement with the municipality with respect to losses arising solely from the operation of the outdoor dining facility.
d. An application that is compliant with the provisions of this section shall be approved by the zoning officer within 10 business days of the application being submitted and deemed complete, and the municipality shall not charge a fee for either accepting the application or issuing the approval.
e. A municipality shall require that any restaurant, bar, or brewery operating pursuant to this section shall follow, maintain, and enforce protocols promulgated by the Commissioner of Health or Executive Order of the Governor in response to the COVID-19 public health emergency, concerning social distancing and use of personal protective equipment during the period those protocols are in effect.
3. a. Notwithstanding the provisions of any law to the contrary, during the period that this act is in effect, the owners and operators of restaurants, bars, and breweries may use public sidewalks as an extension of their business premises for the purpose of conducting sales of food and beverages, including alcoholic beverages if so licensed.
b. The owner or operator of a restaurant, bar, or brewery desiring to utilize public sidewalks as an extension of their businesses shall file an application with the municipal zoning officer that includes: (1) a plan, sketch, picture, or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, and other fixtures of the public sidewalks; and (2) a plan for the control of litter, the removal and storage of garbage, and the cleaning of fixtures and public sidewalks.
c. A municipality may require that an applicant provide one or more of the following: (1) written consent of the owner of the premises, if other than the applicant, (2) an insurance certificate naming the municipality as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility located on public sidewalks, or (3) an indemnification agreement with the municipality with respect to losses arising solely from the operation of the outdoor dining facility on public sidewalks.
d. An application that is compliant with the provisions of this section shall be approved by the zoning officer within 10 business days of the application being submitted and deemed complete, and the municipality shall not charge a fee for either accepting the application or issuing the approval.
e. Owners and operators of restaurants, bars, or breweries desiring to utilize public sidewalks are subject to the following conditions: (1) a walking path not less than four feet wide must be maintained on the public sidewalk at all times so as to not obstruct pedestrian traffic; (2) all fixtures must be removed from public sidewalks at the conclusion of each day; and (3) the municipality reserves the right to order the temporary suspension of outdoor dining and the removal of all fixtures from public sidewalks due to road or utility construction, predicted high winds or severe weather, predicted snow or ice storms, the need to remove snow or ice from the sidewalks, or any other public emergency that may arise.
f. Municipalities shall require that any restaurants, bars, or breweries operating pursuant to this section shall follow, maintain, and enforce protocols promulgated by the Commissioner of Health or Executive Order of the Governor in response to the COVID-19 public health emergency, concerning social distancing and use of personal protective equipment during the period those protocols are in effect.
4. The Director of the Division of Alcoholic Beverage Control in the Department of Law and Public Safety shall issue a special ruling within ten calendar days of the effective date of this act pursuant to R.S.33:1-39 to entitle the holders of plenary retail consumption licenses and limited brewery licenses to extend their licensed premises to allow for the sale and consumption of alcoholic beverages in outdoor spaces and on public sidewalks, provided those licensees also serve food.
The special ruling shall require that any restaurant, bar, or brewery operating pursuant to this section shall follow, maintain, and enforce protocols promulgated by the Commissioner of Health or Executive Order of the Governor in response to the COVID-19 public health emergency, concerning social distancing and use of personal protective equipment during the period those protocols are in effect.
The special ruling shall not require licensees to submit an application to, receive approval from, or pay a fee to either the municipality or the Division of Alcoholic Beverage Control to extend their licensed premises, other than that which is required by sections 2 and 3 of this act, but shall require that the licensee notify the chief of police and municipal clerk not less than five days prior to engaging in the business activity authorized in this act. This special ruling shall be in effect only during the time period established in section 8 of this act.
5. In accordance with section 5 of P.L.1999, c.90 (C.2C:33-27), the owners and operators of restaurants shall be permitted to conduct "bring-your-own-bottle" privileges in outdoor spaces and on public sidewalks, in accordance with the provisions of this act, and the applicable outdoor spaces and public sidewalks shall be considered a portion of the restaurant's premises for the purposes of section 5 of P.L.1999, c.90 (C.2C:33-27).
6. a. Notwithstanding any provision of this act to the contrary, all other municipal ordinances pertaining to sanitation, property maintenance, noise, business days and hours of operation, and days and hours of service of alcoholic beverages shall apply, unless specifically suspended or modified by the municipality or specifically prohibited by the provisions of this section.
b. With respect to restaurants, bars and breweries operating in outdoor spaces pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), municipalities shall not prohibit or limit the days and hours of the outdoor service of food and beverages, including alcoholic beverages if so licensed, except for the hours after 11:00 p.m. and between 12:00 a.m. and 11:00 a.m. on Sundays through Wednesdays, and between 12:00 a.m. and 11:00 a.m. on Thursdays through Saturdays, with the exception that a municipal ordinance prohibiting or limiting the days and hours of indoor service of food and beverages, including alcoholic beverages, which was in effect prior to March 1, 2020 may be applied to the outdoor service of food and beverages, including alcoholic beverages, as a condition of the zoning approval pursuant to section 2 of this act.
c. A municipality may either prohibit or limit the days and hours of any live performances, including musical performances, and the playing or projection of any content from a recording, streaming service or television, cable or internet broadcasting service in outdoor spaces or on public sidewalks as a condition of the zoning approval pursuant to sections 2 and 3 of this act.
d. A municipality may deny, revoke, or temporarily suspend, the outdoor dining activity of any establishment that violates, or is not in compliance with, any provision of this act or any provision of a law, ordinance, or regulation related to the consumption or control of alcoholic beverages.
7. Nothing in this act shall be interpreted or construed as permitting or mandating the opening, expansion, or resumption of unlimited operations of a restaurant, bar, or brewery that is closed, whether permanently or temporarily, or operating subject to limitations on its operations, service, or hours, as a result of disciplinary or legal sanctions imposed by, or entering into a settlement agreement with, a court of the State of New Jersey, a municipal court, the New Jersey Department of Law and Public Safety, the New Jersey Division of Alcoholic Beverage Control, or a municipal governing body acting as a local alcoholic beverage control board, as applicable.
8. This act shall take effect immediately and shall expire on January 2, 2023.
STATEMENT
This bill would allow the owners and operators of restaurants, bars, and breweries to use outdoor spaces which they own or lease and which are located either on, or adjacent to, their business premises, as an extension of their business premises for the purpose of conducting sales of food and beverages, including alcoholic beverages if so licensed. The bill defines "outdoor spaces" as including patios and decks, both covered and uncovered, yards, walkways, and parking lots, or a portion thereof. The bill would also allow the owners and operators of restaurants, bars and breweries, to use public sidewalks, as defined in the bill, as an extension of their business premises for that purpose, as well.
The bill requires owners and operators of restaurants, bars, and breweries seeking to utilize outdoor spaces or public sidewalks as extensions of their business premises pursuant to the provisions of the bill to file an application with the municipal zoning officer, including information concerning the use of the outdoor spaces or public sidewalks, as appropriate. The zoning officer is required to approve an application that is compliant with the bill's provisions within 10 business days of the submission of the application, and the bill prohibits municipalities from charging fees for the filing of the application or issuing the approval.
Under the bill, a municipality may require that an applicant provide one or more of the following: (1) written consent of the owner of the premises, if other than the applicant, (2) an insurance certificate naming the municipality as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility, or (3) an indemnification agreement with the municipality with respect to losses arising solely from the operation of the outdoor dining facility.
Restaurants, bars, or breweries operating under the provisions of the bill are required to follow, maintain, and enforce protocols promulgated by the Commissioner of Health or the Governor in response to the COVID-19 public health emergency, concerning social distancing and use of personal protective equipment during the period those protocols are in effect. The bill also provides for the operation of "bring your own bottle" privileges in applicable outdoor spaces and on public sidewalks.
The bill also permits municipalities to control the days and hours of certain activities, including the outdoor service of food and beverages, including alcoholic beverages if so licensed, and live performances, as well as to deny, revoke, or suspend, the outdoor dining activity of any establishment that violates the provisions of the bill.
