ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 5139

STATE OF NEW JERSEY

219th LEGISLATURE

ADOPTED JANUARY 13, 2021

Sponsored by:

Assemblyman  ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

Co-Sponsored by:

Assemblymen Benson, Moen, McGuckin, Catalano, Dancer, Tully, Mazzeo, Assemblywoman Pintor Marin, Assemblymen Wirths, Space, Assemblywoman Quijano, Assemblyman Thomson, Assemblywomen Vainieri Huttle, Schepisi, Assemblyman Houghtaling, Assemblywomen Downey, Jimenez, DiMaso and Swain

SYNOPSIS

     Eases certain food and beverage establishment tent requirements during coronavirus disease 2019 pandemic.

CURRENT VERSION OF TEXT

     Substitute as adopted by the Assembly Commerce and Economic Development Committee.

An Act concerning the use of awnings or tents by food or beverage establishments during the coronavirus disease 2019 pandemic.

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

     1.    a.  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 complies with applicable requirements under law.

     b.    A food or beverage establishment may seat a patron in an open air space as provided in subsection a. of this section without complying with any requirement concerning snow loads, except when the roof, awning, or cover has any presence of snow, unless the roof, awning, or cover is certified to hold a snow load pursuant to the State Uniform Construction Code.

     2.    This act shall take effect immediately and shall expire on the later of:

     (1)   the date of expiration, termination, or rescission of any and all executive or administrative orders issued by the Governor or Commissioner of Health establishing coronavirus-related occupancy or customer seating restrictions applicable to food or beverage establishments; or

     (2)   the first day of the seventh month next following the date on which the Governor declares that the state of emergency has ended.