After winning approval from the state Legislature, a bill that would permanently allow New Jersey restaurants, bars, distilleries and breweries to offer outdoor service is heading to Gov. Phil Murphy’s desk.

Under a measure unanimously supported by both chambers Oct. 28, owners and operators of such establishments could use public sidewalks or adjacent outdoor spaces they own or lease for selling food and beverages.

Prior to the pandemic, some municipalities banned outdoor dining. However, during the summer of 2020, when COVID-related executive orders prohibited indoor dining to help limit the spread of the virus, Murphy greenlit the service to support the food and beverage industry while protecting residents.

Temporary permissions letting establishments serve patrons outdoors in private areas, on sidewalks or in other municipally designated outdoor areas were formalized in February 2021. They were originally due to expire in November 2022. However, in August 2022, the state opted to extend the temporary rules through Nov. 30, 2024. 

The new bipartisan legislation would require would require businesses to comply with local ordinances regarding health, safety, fire and zoning regulations. As part of the process, owners must continue to file applications with the municipal zoning officer, the approved bill says.

State Sens. Paul Sarlo, D-36th District, and Vince Polistina, R-2nd District, co-sponsored the proposal. The measure also aims to create a separate process for new applicants seeking permits as well as a new step for those looking to serve alcohol.

Serving up success

In a statement, Sarlo said, “The outdoor service was a real success for the restaurants and the communities they serve.”

“It is good for the economy, beneficial for downtown business districts, and very popular with patrons and community residents. It is a success story that is worth continuing,” added Sarlo, who serves as mayor of Wood-Ridge.

Polistina remarked, “Businesses and consumers have not only accepted these outdoor restaurant spaces but have grown to love the expanded options they provide. By moving this bill forward, we are making it clear that New Jersey is open for business and our communities can continue to flourish with a fun, active environment that so many enjoy.”

Assemblyman Roy Freiman, D-16th District, who backed companion legislation, added, “Outdoor dining was a lifeline for restaurants and bars during COVID-19 and is a way to help them thrive in a post-pandemic world while fostering lively-community-centered outdoor spaces.”

He went on to say, “We are one step closer to allowing these entities to permanently offer outdoor dining, which will benefit patrons, establishment owners, and the economy as a whole.”

A spokesperson for the governor’s office did not immediately respond to a request for comment on the bill’s passage.