Legislation Signed to Make Outdoor Dining Permanent

On Nov 25, 2024

Gov. Phil Murphy signed S3608/A4866 into law, making outdoor dining permissions permanent for restaurants and certain alcoholic beverage retailers and manufacturers. The permissions – initially established during the COVID-19 pandemic – were set to expire November 30, 2024, but will now be permanent, offering greater support to the food and beverage industry by facilitating opportunities to expand their licensed premises within designated outdoor space or on public sidewalk.

“Outdoor dining has proven to be an incredibly successful venture over the past four years, benefiting business owners and patrons alike,” said Murphy. “I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”

The legislation will authorize continued use of fixtures such as tents, canopies, umbrellas, tables, and chairs for outdoor dining, making permanent a law that was signed by the Governor in February of 2021.

Under the new law, the holder of a temporary expansion permit issued by the New Jersey Division of Alcoholic Beverage Control (ABC) may have their temporary permit converted to a permanent permit, which is renewable annually and is issued at the approval of local officials.

The primary sponsors of S3608/A4866 are Senator Paul A. Sarlo, Senator Vincent J. Polistina, Assemblyman Roy Freiman, Assemblywoman Mitchelle Drulis, and Assemblywoman Barbara McCann Stamato.

“Outdoor service has proven to be a real success for restaurants and the communities they serve,” said Senator Paul A. Sarlo. “It is good for the economy, beneficial for downtown business districts and very popular with patrons and local residents. It is a success story that is well worth continuing.”

“This permanent change to the state’s retail consumption segment of the alcoholic beverage industry is a commonsense approach to changing customer preferences,” said Kirstin Krueger, Interim Director of the Division of Alcoholic Beverage Control. “I’m gratified that the pivot we made in 2020 will remain, allowing our industry to stay resilient and keep thriving.”

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