New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A3708

Introduced
5/2/22  
Refer
5/2/22  

Caption

Concerns use of tents and other fixtures for outdoor dining on certain property.

Impact

The enactment of A3708 is poised to have significant implications for local laws regulating outdoor dining spaces. By permitting the extended use of outdoor fixtures, the bill aims to support restaurants and bars in recovering economically from the effects of the COVID-19 pandemic. Additionally, it allows municipalities the autonomy to make decisions regarding outdoor dining spaces, balancing local preferences with state-level guidance. The bill provides clarity on permissible guidelines, effectively superseding existing limitations that restricted the duration and type of outdoor dining setups, thus fostering a more business-friendly environment.

Summary

Assembly Bill A3708 addresses the use of tents and other fixtures for outdoor dining in New Jersey, amending existing legislation to accommodate changes brought about by the COVID-19 pandemic. The bill allows for the installation and continuous use of tents, canopies, umbrellas, tables, and chairs on both private and public property for outdoor dining, provided they comply with safety codes. This legislation is directly linked to P.L.2021, c.15, and aims to provide a regulatory framework that enhances dining options while ensuring public safety. The permitted period for such outdoor setups is designated from April 1 through November 30 each year, aligning with seasonal outdoor dining practices.

Sentiment

Sentiment surrounding A3708 appears to be generally positive among business owners and advocates for economic development, as it promotes flexibility and adaptability in the foodservice industry. However, there are mixed feelings regarding safety and compliance measures, particularly pertaining to health regulations derived from the ongoing pandemic concerns. While proponents view this as a critical step towards revitalizing local economies, critics express worries about potential risks associated with outdoor dining and the adequacy of safety enforcement.

Contention

One notable point of contention relates to the potential for regulatory conflicts between state mandates and local ordinances. Opponents may argue that allowing broad use of outdoor fixtures could lead to safety hazards or zoning disputes. Additionally, the bill's stipulation regarding permits tied to the COVID-19 pandemic may raise debates about the efficacy and necessity of such measures post-pandemic. The legislation emphasizes its reliance on existing health protocols but does not negate the local government's authority to intervene should there be public safety violations, introducing layers of complexity in enforcement and compliance monitoring.

Companion Bills

NJ S2364

Same As Concerns use of tents and other fixtures for outdoor dining on certain property.

Previously Filed As

NJ S2364

Concerns use of tents and other fixtures for outdoor dining on certain property.

NJ A4389

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ A4205

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ S2809

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ S1685

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ S3608

Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.

NJ A4866

Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.

NJ A540

Concerns certain sales of alcoholic beverages at farm markets.

NJ A4630

Establishes sales and events privileges for certain alcoholic beverage manufacturers.

NJ S1479

Requires State to use certain energy-efficient outdoor lighting fixtures.

Similar Bills

NJ S2364

Concerns use of tents and other fixtures for outdoor dining on certain property.

NJ S1685

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ A4205

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ A4389

Permits use of tents and other fixtures for outdoor dining on certain property.

NJ S2809

Permits use of tents and other fixtures for outdoor dining on certain property.

CA AB1070

Alcoholic beverage gift restrictions: exceptions: advertising umbrellas.

NJ S3608

Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.

NJ A4866

Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.