ASSEMBLY, No. 5139

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED DECEMBER 10, 2020

 


 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Concerns restaurant tents during coronavirus disease 2019 pandemic.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning restaurant tents during the coronavirus disease 2019 pandemic.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any law, rule, or regulation to the contrary, 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, collectively referred to as “food or beverage establishments,” may seat patrons in an open air space that has a fixed roof or temporary or seasonal awning or cover with at least two sides through which egress is possible, provided that the fixed roof or temporary or seasonal awning or cover is anchored, staked, or fastened in any manner.

     b.    A food or beverage establishment shall not seat a patron in an open air space as provided in subsection a. of this section if the roof, awning, or cover has accumulated more than two inches of snow, unless the roof, awning, or cover is certified pursuant to chapter 23 of Title 5 of the New Jersey Administrative Code to hold a snow load.

 

     2.    This act shall take effect immediately and shall expire upon the expiration of Executive Order No. 103, or any extension thereof or any replacement therefor.

 

 

STATEMENT

 

     This bill would allow restaurants to seat patrons in an open air space with a fixed roof or temporary or seasonal awning or cover with at least two sides through which egress is possible, provided that the cover is anchored. The roof, awning, or cover must not have accumulated more than two inches of snow, or must be certified pursuant to chapter 23 of Title 5 of the New Jersey Administrative Code to hold a snow load. The intent of this bill is to exempt restaurants from certain requirements on snow certification during the coronavirus disease 2019 pandemic.