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After New Jersey opted to extend temporary pandemic-era rules permitting restaurants, bars, distilleries and breweries to offer outdoor service until 2024, the state will now permanently allow the practice.

Gov. Phil Murphy signed the bipartisan measure into law Nov. 25. Under it, owners and operators of such establishments can use public sidewalks or adjacent outdoor spaces they own or lease for selling food and beverages. As part of the new law, businesses must comply with all local ordinances regarding health, safety, fire and zoning regulations.

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

Originally set to expire in November 2022, three months ahead of that deadline the state decided to keep the temporary permissions in place through Nov.30, 2024.

After signing the bill, the Democratic governor commented, “Outdoor dining has proven to be an incredibly successful venture over the past four years, benefiting business owners and patrons alike. I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”

‘A big win’

State Sen. Paul Sarlo, D-36th District, one of the measure’s sponsors, said, “Outdoor service has proven to be a real success for restaurants and the communities they serve.”

“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,” added Sarlo, who also serves as mayor of Wood-Ridge.

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

He went on, “With the signing of Bill A4866 into law, we create a pathway for these entities to permanently offer outdoor dining, which will benefit patrons, establishment owners, and the economy as a whole.”

State Sen. Vince Polistina, R-2nd District, another sponsor, stated, “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.”

This is a big win for business, residents and local economies.
– State Sen. Vince Polistina, R-2nd District

Assemblywoman Mitchelle Drulis, D-16th District, who also backed the bill, said, “This bill is a direct response to what our constituents have told us they want: more flexibility for business owners and more vibrant spaces to enjoy their favorite local businesses.”

She continued, “By cutting red tape and expanding these opportunities, we’re not just listening – we’re delivering, and I am proud to have gotten this done for the residents and restaurant owners in our district.”

‘A pro-business, pro-community model’

Following the bill’s signing, industry stakeholders commended the state for making outdoor dining a permanent fixture in New Jersey.

Michael Egenton, executive vice president of government relations at the New Jersey State Chamber of Commerce, remarked, “This extension not only allows restaurants to thrive by offering expanded seating options but also plays a significant role in driving economic development across our towns. Outdoor dining has transformed our communities, creating vibrant, engaging environments that attract residents and visitors alike.”

Natalie Pineiro, executive director of Downtown New Jersey, agreed, saying she believes the change is “a welcome initiative that recognizes the transformative role outdoor dining plays in our downtowns.”

She also said, “This bill will ensure that downtowns across the state remain hubs of activity and innovation, benefiting both businesses and residents alike.”

Carlos Medina, president and CEO of the Statewide Hispanic Chamber of Commerce of New Jersey, stated, “What started as a lifeline for restaurants during COVID-19 has become a lasting solution that supports small businesses, enriches the dining experience and fosters stronger community connections … It’s a pro-business, pro-community model of how innovative policies can transform adversity into enduring opportunities.”

New Jersey Economic Development Authority CEO Tim Sullivan noted, “Though the pandemic is long behind us, outdoor dining will remain a staple in downtowns and main streets across the state thanks to the bill signed today by Governor Murphy, helping to revitalize communities by attracting more foot traffic, spurring economic activity, and bolstering small businesses.”

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