Authorization of Outdoor Dining Effective June 15, 2020
EXECUTIVE ORDER 150 PAVES THE WAY FOR OUTDOOR DINING SUBJECT TO SOCIAL DISTANCING RESTRICTIONS:
On June 3, 2020, Governor Murphy signed Executive Order 150 which authorizes the commencement of outdoor dining and beverage service by most restaurants, bars, wineries, breweries and similar establishments starting June 15, 2020.EO-150 was released at the same time as Department of Health Executive Directive No. 20-014 and Division of Alcoholic Beverage Control Special Ruling SR2020-10.Collectively, these directives allow food and beverage establishments to create outdoor service areas so long as 6-foot social distancing requirements are met between tables or other seating areas and employees utilize face masks and gloves.Parties seated together are required to wear protective face coverings when not at their table and/or when not otherwise social distancing from persons not within their party, such as when waiting to be seated, when walking inside a building to access the outdoor area or when going inside to use the restroom.
In order to create outdoor service areas, establishments are permitted to occupy outdoor spaces on their property or on nearby property, including parking lots and public areas such as streets, sidewalks and parks, but first must obtain approval from the municipality where the establishment is located.It is anticipated municipalities will create a permit and review process.Though no guidance has been issued yet, some proactive municipalities have already taken action to establish an approval process in anticipation of EO-150.
As for liquor license or permit holders, the ABC's Special Ruling creates a temporary "COVID-19 Expansion Permit" to allow license holders to serve alcohol in areas not covered by their existing license, such as parking lots, streets, sidewalks and other public rights of way.The Special Ruling also outlines a permit application process and establishes a $75.00 application fee.
EO-150 also permits retail establishments to re-open on June 15, 2020 subject to social distancing requirements which have been in place in essential businesses since the state-wide public health emergency went into effect.
If you own or operate a restaurant or beverage establishment and have questions or require assistance navigating through these new procedures, Nehmad Perillo Davis & Goldstein can provide the guidance and assistance you need.You can contact our office by calling (609) 927-1177 or by emailing any of our attorneys.Contact information for each attorney can be found on their individual pages under the "Who We Are" tab on this website.
You also can review other COVID-19 alerts and updates on our News and Publications page.