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A2304
ASSEMBLY, No. 2304
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
SYNOPSIS
���� Permits use of tents and other fixtures for outdoor
dining on certain property.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
permitting the use of tents and other fixtures
for outdoor dining on certain property and supplementing P.L.1975, c.291 (C.40:55D-1
et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� As used in this P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill):
���� �Brewery� means a brewery
operating under a brewery license pursuant to R.S.33:1-10.
���� "Distillery" means a
distillery that has been issued, and is in compliance with, a distillery
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, whether covered or uncovered, a yard, a walkway, or a parking lot, or
a portion of any such space, that is located on or adjacent to the business
premises, which space is owned, leased, otherwise in the lawful control of the
owner or operator of the business premises, or any space which is designated by
a municipality or county for outdoor dining pursuant to P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).
���� �Public sidewalk� means a
sidewalk on the locally or county owned public right-of-way which is adjacent
to the business premises, or a portion thereof.
����
�
Special Ruling No. 2020-10
�
means Special Ruling No. 2020-10, issued by the acting director of the Division
of Alcoholic Beverage Control on June 3, 2020.
���� 2.��� a.� Notwithstanding the
provisions of any law to the contrary, the owner or operator of a restaurant,
bar, distillery, 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.
���� b.� The owner or operator of a
restaurant, bar, distillery, 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, the restaurant,
bar, distillery, 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.� (1)� The zoning officer
shall issue an approval to the applicant within 15 business days of the
application being submitted and deemed complete provided that the applicant
meets and abides by all qualifications and requirements of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill), with the exception that the
zoning officer may deny an application based on current violations of any other
health, safety, fire, permitted use, or zoning regulation, or upon any
applicable law permitting the denial of a zoning permit, that is not otherwise
directly superseded by this section or Special Ruling No. 2020-10.� An
application under this section shall not be considered a variance under the
�Municipal Land Use Law,� P.L.1975, c.291 (C.40:55D-1 et seq.).
���� (2)� A municipality may deny,
revoke, or temporarily suspend the permit of any applicant or permittee that
violates, or is not in compliance with, any provision of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) or any provision of
a law, ordinance, or regulation related to health, safety, fire, permitted use,
zoning, or the consumption or control of alcoholic beverages not otherwise
under the jurisdiction of the Division of Alcoholic Beverage Control, and may
also deny, revoke, or temporarily suspend the permit of any applicant or
permittee based on any action taken against the applicant or permittee by the
Division of Alcoholic Beverage Control related to the division�s enforcement of
any law or regulation related to the consumption or control of alcoholic
beverages under its jurisdiction.
���� (3)� An appeal to any
approval, denial, revocation, or suspension may be filed through the municipal
clerk with the governing body of the municipality.� The governing body, or its
designee, shall conduct a hearing and render a decision within 30 days of the
filing of the appeal.� The governing body may designate a municipal official or
an attorney licensed in the State of New Jersey to serve as a hearing officer
in place of the governing body for the purpose of conducting a hearing pursuant
to this subsection and rendering a decision.
���� Nothing in P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall be construed
to restrict the right of any party to obtain a review by any court of competent
jurisdiction, according to law.
���� 3.��� a.� Notwithstanding the
provisions of any law to the contrary, the owners and operators of restaurants,
bars, distilleries, and breweries may use public sidewalks as an extension of
their business premises for the purpose of conducting sales of food and beverages.
���� b.� The owner or operator of a
restaurant, bar, distillery, 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.� (1)� The zoning officer
shall issue an approval to the applicant within 15 business days of the
application being submitted and deemed complete provided that the applicant
meets and abides by all qualifications and requirements of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill), with the exception that the
zoning officer may deny an application based on current violations of any other
health, safety, fire, permitted use, or zoning regulation, or upon any
applicable law permitting the denial of a zoning permit that is not otherwise
directly superseded by this section or Special Ruling No. 2020-10.� An
application under this section shall not be considered a variance under the
�Municipal Land Use Law,� P.L.1975, c.291 (C.40:55D-1 et seq.).
���� (2)� A municipality may deny,
revoke, or temporarily suspend the permit of any applicant or permittee that
violates, or is not in compliance with, any provision of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) or any provision of
a law, ordinance, or regulation related to health, safety, fire, permitted use,
zoning, or to the consumption or control of alcoholic beverages not otherwise
under the jurisdiction of the Division of Alcoholic Beverage Control, and may
also deny, revoke, or temporarily suspend the permit of any applicant or
permittee based on any action taken against the applicant or permittee by the
Division of Alcoholic Beverage Control related to the division�s enforcement of
any law or regulation related to the consumption or control of alcoholic
beverages under its jurisdiction.
���� (3)� An appeal to any
approval, denial, revocation, or suspension may be filed through the municipal
clerk with the governing body of the municipality.� The governing body, or its
designee, shall conduct a hearing and render a decision within 30 days of the
filing of the appeal.� The governing body may designate a municipal official or
an attorney licensed in the State of New Jersey to serve as a hearing officer
in place of the governing body for the purpose of conducting a hearing pursuant
to this subsection and rendering a decision.
���� Nothing in P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall be construed
to restrict the right of any party to obtain a review by any court of competent
jurisdiction, according to law.
���� e.� Owners and operators of
restaurants, bars, distilleries, 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 shall be removed from
public sidewalks at the conclusion of each day, if so required by the
municipality; 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.
���� 4.� Notwithstanding any provision
of law to the contrary, the installation and continuous use of tents, canopies,
umbrellas, tables, chairs, and other fixtures on private property or public
property or right of way designated by a municipality pursuant to P.L. , c. (C. )
(pending before the Legislature as this bill), shall be a permitted use
provided that the tent, canopy, umbrella, table, chairs, or other fixture
conforms to all applicable provisions of the State Uniform Construction Code
and Fire Prevention Subcode, which have been adopted by the Commissioner of
Community Affairs pursuant to P.L.1975, c.217 (C.52:27D-119, et seq.).� The
permitted use of tents, canopies, umbrellas, tables, chairs, and other fixtures
allowed by this section shall be limited to the timeframe encompassing the
first day of April through the first day of December each year.� Any
administrative rule or regulation which limits the use of tents, canopies,
umbrellas, tables, chairs and other fixtures to 180 days or less during the
time frame encompassing the first day of April through the first day of
December shall be inapplicable. �Notwithstanding the foregoing, any
administrative rule or regulation which governs the use of tents, canopies,
umbrellas, tables, chairs, and other fixtures on private or public property or
right of way designated by a municipality pursuant to P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) for the time period
encompassing the second day of December through the last day of March of the
subsequent year shall not be impacted by P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).
���� 5.� A public sidewalk or an
outdoor space that is considered as an extension of a business premises for the
purpose of conducting sales of food and beverages pursuant to P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall be considered
a portion of the premises which is open to the public for the purposes of
section 5 of P.L.1999, c.90 (C.2C:33-27).
���� 6.� a.� Notwithstanding any
provision of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) 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, distilleries, 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, except that municipalities may prohibit or limit
operations for the hours after 10:00 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 P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill).�
���� 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
P.L. , c. (C. and C. )
(pending before the Legislature as this bill).
���� 7.� Nothing in P.L.��� , c.���
(C.������� ) 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.� Nothing in P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) permits the use of
State-owned right of way for the purposes of outdoor dining.� Permits for the
use of the State right of way may be issued upon application and approval of
the New Jersey Department of Transportation.� For the purposes of locally-owned
roads that intersect the State highway system, setbacks from the State right of
way line will be 50 feet from April 1 to October 31, and 100 feet from November
1 to March 31.
���� 9.� This act shall take effect
immediately.
STATEMENT
���� This bill would permit the use
of tents and other fixtures for outdoor dining on certain property.
���� The bill would allow the
owners and operators of restaurants, bars, distilleries, or breweries to use
outdoor spaces which they own or lease and which are located 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 those
establishments 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 those establishments 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, pursuant to the requirements set forth in the bill.
���� The bill allows the use of
tents, canopies, umbrellas, tables, chairs, and other fixtures on these
premises as long as the tent, canopy, umbrella, table, chairs, or other fixture
conforms to all applicable fire safety and construction code provisions.� The
bill specifies that these tents, canopies, umbrellas, tables, chairs, and other
fixtures would be deemed a permitted use for the time period encompassing the
first day of April through the first day of December of each year.� The bill,
further clarifies that any administrative rule or regulation which governs the
use of tents, canopies, umbrellas, tables, chairs, and other fixtures during
the winter, specifically the time period encompassing the second day of
December through the last day of March, would not be impacted by the provisions
of the bill.
���� The bill is to take effect
immediately and follows expiration of sections 1 through 8 of P.L.2021, c.15.� P.L.2021,
c.15 was enacted on February 5, 2021, in part, to temporarily expand
opportunities for restaurants, bars, distilleries, and breweries to provide
outdoor dining in response to the COVID-19 public health emergency.� This bill
would make several provisions of that law permanent.