Bill Text: NJ A4866 | 2024-2025 | Regular Session | Introduced
Bill Title: Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-10-28 - Substituted by S3608 (2R) [A4866 Detail]
Download: New_Jersey-2024-A4866-Introduced.html
Sponsored by:
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning outdoor sale of food and alcoholic beverages and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Alcoholic beverage manufacturer license" or "license" means a plenary winery license, farm winery license, out-of-State winery license, limited brewery license, restricted brewery license, cidery and meadery license, and craft distillery license issued pursuant to R.S.33:1-10.
"Alcoholic beverage retail consumption license" or "license" means a plenary retail consumption license, plenary retail consumption license used in connection with a hotel or motel, seasonal retail consumption license, or club license issued pursuant to R.S.33:1-12, or a concessionaire permit issued pursuant to Title 33 of the Revised Statutes that authorizes the sale of all alcoholic beverages for consumption on the licensed premises.
"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, or otherwise in the lawful control of the owner or operator of the business premises.
"Premises expansion permit" means a permit issued to a manufacturer license or retail consumption license that entitles the license holder to use outdoor spaces that they own or lease and that 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.
"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.
2. a. The Director of the Division of Alcoholic Beverage Control shall issue to the holder of an alcoholic beverage manufacturer license or retail consumption license a premises expansion permit upon application by the license holder. The permit shall entitle the license holder to sell alcoholic beverages in outdoor spaces that they own or lease and that are located either on, or adjacent to, their business premises, as an extension of their business premises.
b. An applicant for a premises expansion
permit shall file an
application with the director with the following information:
(1) the name, address, and license number of the applicant;
(2) a description of the property that is the subject of the application as well as a sketch or photographs of the property;
(3) written approval or documentation from the property owner authorizing the temporary use of the expanded property by a licensee if the licensed property is not owned by the license holder; and
(4) proposed security plan for sale and service of alcoholic beverages on the expanded premises including prevention of pass-offs, underage drinking, and over-consumption;
c. The director shall transfer the application for a premises expansion permit to the municipal clerk and police chief of the municipal governing body in which the manufacturer license or retail consumption license situated. For licensed premises located on property owned by or under the control of any political subdivision of this State, the application shall be reviewed and approved by a designated administrative official and the chief law enforcement officer responsible for the licensed property.
The director shall not approve or deny an application until it receives an endorsement or approval by the appropriate governing body officials.
d. A premises expansion permit issued pursuant to this section renews on the same date that the retail consumption license or manufacturer license is renewed by the license holder.
e. A license holder who held a temporary expansion permit issued pursuant to the director's special ruling prior to the effective date of this act shall be entitled to convert the permit to a premises expansion permit established pursuant to this section. A license holder who held the temporary expansion permit prior the effective date of this act and converts the permit pursuant to this subsection shall not be required to submit to the director or municipal governing authority an additional application pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
3. a. Notwithstanding the provisions of any law to the contrary, the owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license may use outdoor spaces that they own or lease and that are located either on, or adjacent to, their business premises, as an extension of their business premises.
b. The owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license seeking to utilize outdoor spaces as an extension of their businesses shall file an application with the municipal zoning officer. The application to the municipal zoning officer shall include:
(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 owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license shall not encumber more than 75 percent of the lot's total parking spaces for 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. 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 said hearing and rendering said 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. A permit issued pursuant to this section to a restaurant without an alcoholic beverage retail license shall renew annually.
f. A municipality that approves an application for the holder of an alcoholic beverage manufacturer license or retail consumption license shall submit its endorsement to the Director of the Division of Alcoholic Beverage Control pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
g. The owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license who held a temporary permit issued by the municipality prior to the effective date of this act shall be entitled to convert the permit to a premises expansion permit established pursuant to this section. An owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license who held a temporary permit issued by the municipality prior prior the effective date of this act and converts the permit pursuant to this subsection shall not be required to municipal governing authority an additional application pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
4. 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 Uniform Fire Code, which have been adopted by the Commissioner of Community Affairs pursuant to P.L.1975, c.217 (C.52:27D-119, et seq.) and P.L.1983, c.383 (C.52:27D-192 et seq.), respectively.
5. 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 a restaurant that does not sell alcoholic beverages and the holder of premises expansion permit issued pursuant section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) operating in outdoor spaces pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), a municipality 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, may be applied to the outdoor service of food and beverages, including alcoholic beverages, as a condition of the zoning approval pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). This provision shall not be construed as overruling or prohibiting the authority of a city of the first class to impose more restrictive time restrictions or prohibit or limit the days and hours of the outdoor service of food and beverages.
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 3 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. A public sidewalk or an outdoor space shall be considered a portion of the premises that is open to the public for the purposes of section 5 of P.L.1999, c.90 (C.2C:33-27).
7. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be interpreted or construed as permitting or mandating the opening, expansion, or resumption of unlimited operations of a restaurant that does not sell alcoholic beverages and the holder of a premises expansion permit issued pursuant section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) 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 rights-of-way for the purposes of outdoor dining. A permit for the use of the State rights-of-way shall 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 permits restaurants and certain alcoholic beverage retailers and manufacturers to extend their premises to certain outdoor locations. Under the bill, owners and operators of these businesses may be permitted to use outdoor spaces, as defined in the bill, that they own or lease and that 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 licensed. The bill provides that alcoholic beverage retailers and manufacturers are to include, the holder of a plenary retail consumption license, plenary retail consumption license used in connection with a hotel or motel, seasonal retail consumption license, or club license or concessionaire permit, plenary winery license, farm winery license, out-of-State winery license, limited brewery license, restricted brewery license, cidery and meadery license, and craft distillery license.
The bill also allows 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.
Under the bill, the Director of the Division of Alcoholic Beverage Control (ABC) is to issue to the holder of an alcoholic beverage manufacturer license or retail consumption license a premises expansion permit upon application by the license holder. The permit is to entitle the license holder to sell alcoholic beverages in outdoor spaces that they own or lease and that are located either on, or adjacent to, their business premises, as an extension of their business premises. The ABC director would then transfer the application for premises expansion permit to the municipal clerk and police chief of the municipal governing body in which the manufacturer license or retail consumption license situated. The director would not approve or deny an application until receipt of an endorsement or approval by the appropriate governing body officials. The holder of a temporary expansion permit issued by the ABC director prior to the bill's enactment would be entitled to convert that temporary permit into a permanent permit issued under the bill.
In addition, the bill requires owners and operators of those establishments seeking to utilize outdoor spaces or public sidewalks as extensions of their business premises 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 provided in the bill.
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 are to 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 Uniform Fire Code.
The bill provides that 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 are to apply, unless specifically suspended or modified by the municipality or specifically prohibited by the provisions of the bill.
With respect to a restaurant, bar, distillery, or brewery operating in outdoor spaces, a municipality is not to 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, may be applied to the outdoor service of food and beverages, including alcoholic beverages, as a condition of the zoning approval pursuant to the bill. This provision shall not be construed as overruling or prohibiting the authority of a city of the first class to impose more restrictive time restrictions or prohibit or limit the days and hours of the outdoor service of food and beverages.
The bill provides that 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.
Nothing in the bill is to 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. Further, nothing in the bill permits the use of State-owned rights-of-way for the purposes of outdoor dining. A permit for the use of the State rights-of-way is to 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.
Under the bill, a permit issued to a restaurant, bar, distillery, or brewery with an alcoholic beverage retail license issued by the Division of Alcoholic Beverage Control in the Department of Law and Public Safety is to renew with that license, provided the legal entity holding the license has not changed. A permit issued to a restaurant without an alcoholic beverage retail license is to renew annually.
