Legislative Update: NJ Legislature Passes Proposed Legislation Extending Outdoor Dining to 2024

On June 29, the New Jersey Legislature unanimously passed Bill S2364 ScaAa (2R), which would extend the outdoor dining and drinking privileges allowed under P.L. 2021, c.15, from November 30, 2022 to November 30, 2024.

As amended, the bill would extend by two years, until 11:59 P.M. on November 30, 2024, the time period during which certain restaurants, bars, distilleries, and breweries would be allowed to use a public sidewalk or outdoor spaces which they own or lease and are located either on or adjacent to their business premises as an area for the purpose of conducting food and beverage sales. Current law authorizing such uses expires on November 30, 2022.

The bill would also provide that the use of tents, canopies, umbrellas, tables, chairs, or other fixtures be deemed a permitted use for the time period from the first day of April through the close of business on November 30 for each additional year in which this law is in effect. Any administrative rule or regulation that limits the use of these fixtures to 180 days or less would be inapplicable during the effective time of the law. Any administrative rule or regulation governing the use of outdoor fixtures on private or public property, or right of way designated by a municipality, between the first day of December and the last day of March, would not be impacted by the bill.

This legislation now moves to Governor Phil Murphy’s desk for consideration, and we will continue to monitor various legislative and regulatory updates.