Bill Text: NJ S60 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands indoor capacity for food or beverage establishments and banquet and wedding venues under certain circumstances during coronavirus disease 2019 pandemic.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S60 Detail]
Download: New_Jersey-2024-S60-Introduced.html
Sponsored by:
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Expands indoor capacity for food or beverage establishments and banquet and wedding venues under certain circumstances during coronavirus disease 2019 pandemic.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning indoor capacity for food and dining establishments and banquet and wedding venues during the coronavirus disease 2019 pandemic.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. During the public health emergency declared by the Governor in response to the coronavirus disease 2019 (COVID-19) pandemic, any food or beverage establishment, or banquet or wedding venue, in any indoor area on its premises, shall limit the number of customers or patrons served up to:
(1) the percentage of the establishment or venue's capacity as permitted by the Governor in an active executive order issued in response to the coronavirus disease 2019 pandemic if the establishment or venue does not certify as to the measures it is taking in accordance with paragraph (2) of this subsection to mitigate the risks of coronavirus disease 2019; or
(2) full capacity if:
(a) the establishment or venue is in a region of the State that is designated by the Department of Health as having a coronavirus disease 2019 activity level of low based on the most up to date activity report issued by the Department of Health;
(b) the establishment or venue certifies to the county board of health in which the establishment or venue is located that the establishment or venue has:
(i) installed barriers of plexi-glass, plastic, or some other material that has been approved by the commissioner between each table;
(ii) limited parties dining together to 10 or fewer individuals;
(iii) provided the county board of health with information on the establishment or venue's capacity at 100 percent, 50 percent, and 25 percent; and
(iv) where there is a presumptive positive or positive case of coronavirus disease 2019 in an employee, guest, visitor, or vendor, shut down immediately to disinfect, notify the county board of health and all employees, guests, visitors, or vendors, while adhering to all confidentiality requirements in accordance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any other applicable laws pertaining to privacy or confidentiality of medical information;
(c) the establishment or venue creates and submits a certified coronavirus disease 2019 preparedness plan, in a form created by the Department of Health, to the county board of health, which includes:
(i) employee protocols on how to monitor for signs and symptoms of coronavirus disease 2019, including a policy for employees to report their signs and symptoms prior to entering the workplace and for employees to report when they are sick;
(ii) a policy on presumptive or actual positive coronavirus disease 2019 cases of any employee, guest, visitor, or vendor that requires the business to suspend operations immediately for cleaning and disinfection in accordance with federal Centers for Disease Control and Prevention (CDC) guidance prior to restarting operations;
(iii) an outline of its sick leave policy, including a certification of its compliance with all requirements under the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), P.L.2018, c.10 (C.34:11D-1 et seq.), and P.L.1948, c.110 (C.43:21-25 et seq.), to the extent those laws are applicable, and any other applicable State or federal laws regarding leave;
(iv) a policy to ensure adequate social distancing by maintaining a distance of at least six feet between individuals, or groups of individuals, in the establishment or venue, whether the individuals are patrons or employees, to the extent possible;
(v) where it is not possible to maintain a distance of six feet between individuals, a policy to erect barriers between individuals, which shall include the type of barrier utilized;
(vi) a limit to the number of patrons that may be seated together at the same time;
(vii) requiring each employee to wash hands immediately after entering the building and frequently throughout the employee's shift;
(viii) the installation of hand-sanitizer dispensers or stations at the entrance of the establishment or venue and in areas throughout the establishment or venue for employees and patrons to be used for hand hygiene in addition to soap and water in restrooms;
(ix) requiring masks for all employees who are in direct contact with patrons, making masks available to all employees at no cost to the employees, and requiring masks be worn by all patrons until drinks or meals arrive at the table;
(x) ventilation protocols that include the maintenance of all building systems and an ongoing assessment of the amount of fresh air and air recirculation in the establishment or venue, and ensuring that ventilation systems are being properly used;
(xi) cleaning and disinfection protocols that: identify who is cleaning and disinfecting if there is a presumptive or positive case of coronavirus disease 2019; require that there will be frequent cleaning and disinfecting of all food surfaces, including, but not limited to, equipment, including restrooms, high touch areas, meeting rooms, host stations, railings, credit card readers, counters, and menus; and require that tables, chairs, and other shared items will be cleaned and disinfected after each use;
(xii) signage protocols to inform customers to remain at least six feet apart while in the establishment or venue, and signage at the entrance with the certification that the establishment or venue has met the requirements of this act and is allowed to serve patrons at full capacity; and
(xiii) communication and training protocols to ensure that all employees have access to the preparedness plan required under this paragraph and that all employees are properly trained to comply with the preparedness plan;
(d) with respect to customers who dine in the establishment or venue and not those who order takeout or delivery from the establishment or venue, the establishment or venue agrees to conduct contact tracing in the event of a presumptive positive case or a positive case of coronavirus disease 2019, which shall include such preemptive measures as maintaining records of the names and contact information of all persons who enter the establishment or venue; and
(e) the establishment or venue certifies that it is in compliance with all other applicable State and federal laws.
b. A food or beverage establishment, or banquet or wedding venue, may submit an application to operate at 50 percent or full capacity indoors at any time to the county board of health, which shall review and determine eligibility to operate at 50 percent or full capacity, as is applicable based on the COVID-19 activity level in which the establishment or venue is located, within 14 days of receipt of the establishment or venue's application. If the county board of health determines that the establishment or venue has submitted insufficient documentation for a determination of eligibility, then the establishment or venue shall have seven days from the date of the board's notice of insufficient information to provide the necessary documentation.
c. If a region's activity level of coronavirus disease 2019 increases above low but no higher than moderate, as determined in the Department of Health's "COVID-19 Activity Report," and an establishment or venue complies with the certification and other requirements established under paragraph (2) of subsection a. of this section, all establishments or venues within the region shall maintain their indoor operations to a maximum of 50 percent capacity of the establishment or venue's capacity.
d. Any person may report a suspected violation of this act to the appropriate county board of health. The board of health or county health department to which the violation was reported shall investigate the alleged violation. If it is determined that the establishment or venue violated the provisions of this act, the county board of health shall have the discretion to reduce the capacity of the establishment or venue until the violation is remediated to the satisfaction of the county board of health. As an alternative to a reduction in capacity, a county board of health may issue a stop-work order to an establishment or venue in violation of this act. The order shall remain in effect until the county board of health issues an order releasing the stop-work order upon finding that the establishment or venue is in compliance with this act.
e. The Department of Health shall routinely update and publish its "COVID-19 Activity Level Report" and distribute the report, as updated, to all the county boards of health in a timely manner. The department shall post this information on its website and report its findings to each county on a monthly basis.
f. Nothing in this act shall be construed to relieve a food or beverage establishment, or a banquet or wedding venue, of any requirement established by any other law or regulation.
g. Notwithstanding the provisions of this act, if the Governor issues an executive order permitting food or beverage establishments, or banquet or wedding venues, to operate at a higher capacity indoors without compliance with the requirements of this act, the requirements of this act shall not prohibit such establishments or venues from operating in accordance with the Governor's executive order.
h. The Commissioner of Health, in consultation with the Commissioner of Labor and Workforce Development, shall establish rules and regulations necessary to implement the provisions of this act. A county board of health may request assistance from the Departments of Health and Labor and Workforce Development, or appropriate political subdivisions of the State, in implementing the provisions of this act.
i. As used in this act, and notwithstanding any law, rule, or regulation to the contrary, "food or beverage establishment" includes restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges.
2. This act shall take effect immediately and shall expire on the later of:
a. the date of expiration, termination, or rescission of any and all executive or administrative orders issued by the Governor or Commissioner of Health establishing occupancy or customer seating restrictions related to coronavirus disease 2019 that are applicable to food or beverage establishments or venues; or
b. the first day of the seventh month next following the date on which the Governor declares that the state of emergency declared in response to the coronavirus disease 2019 pandemic has ended.
STATEMENT
The bill establishes certain requirements concerning the indoor operation of food or beverage establishments and of banquet and weddings venues during the public health emergency declared in response to the coronavirus disease 2019 (COVID-19) pandemic. The bill defines the term "food or beverage establishment" to include restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges.
Under the bill, the default indoor capacity percentage for food or beverage establishments and banquet and wedding venues will be the maximum capacity authorized by the Governor by executive order. In areas with a COVID-19 activity level of "low," as determined by the Department of Health (DOH), food or beverage establishments and banquet or wedding venues, will be authorized to operate at full capacity, provided they meet the requirements of the bill. In areas with a COVID-19 activity level higher than "low," but no higher than "moderate," the indoor capacity percentage will be 50 percent. In the event the Governor authorizes a higher capacity than is authorized under the bill, and does not require compliance with the requirements of the bill, the provisions of the bill will not apply to that increased capacity.
Specifically, under the bill, within regions of the State that have a low level of COVID-19 activity, an establishment or venue may provide indoor service to a number of persons at full capacity if the establishment or venue institutes:
(1) employee protocols to monitor for signs and symptoms of COVID-19;
(2) a policy requiring the business to suspend operations immediately for cleaning and disinfection if someone with COVID-19 is on the premises;
(3) a sick leave policy;
(4) a "six feet" social distancing policy;
(5) a policy to erect physical barriers if it is not possible to maintain a "six feet" social distancing policy;
(6) a limit to the number of persons that may be seated together at the same time;
(7) an employee hand-washing policy;
(8) the installation of hand-sanitizer dispensers or stations at the entrance to, and throughout, the establishment or venue;
(9) a mask policy;
(10) ventilation protocols;
(11) cleaning and disinfection protocols;
(12) signage protocols; and
(13) communication and training protocols.
The establishment or venue will also be required to install barriers between each table; limit parties dining together to 10 or fewer individuals; inform the county board of health of the establishment's or venue's capacity; and shut down immediately to clean and disinfect upon identifying an employee, guest, visitor, or vendor who is presumptive positive or tests positive for COVID-19.
Additionally, the bill requires an establishment or venue to conduct contact tracing upon identifying a dine-in customer with a presumptive positive case or a positive case of COVID-19. This requirement would not apply to customers who order takeout or delivery from an establishment or venue.
The county board of health has the ability to order a reduction in capacity or to shut down establishments or venues that are in violation of the requirements established under the bill.
An establishment or venue may submit an application to operate at 50 percent or full capacity indoors at any time to the county board of health, which will review and determine eligibility to operate at 50 percent or full capacity, as applicable based on the local COVID-19 activity level, within 14 days of receipt of the application. If the county board of health determines that the establishment or venue has submitted insufficient documentation for a determination of eligibility, then the establishment or venue will have seven days to provide the necessary documentation.
The bill provides that county boards of health may seek assistance from State officials or appropriate political subdivisions to help implement the provisions of the bill.
The bill requires the DOH to routinely update and publish its "COVID-19 Activity Level Report" and distribute the report, as updated, to all the county boards of health in a timely manner. The DOH will be required to post this information on its website and report its findings to each county on a monthly basis.
Nothing in the bill is to be construed to relieve an establishment or venue of any requirement established by any other law or regulation.
