This bill aims to permanently allow the use of tents and other fixtures for outdoor dining by restaurants, bars, distilleries, and breweries on their own or adjacent properties, as well as on public sidewalks. It defines "outdoor spaces" to include various areas such as patios, decks, yards, and parking lots, and mandates that business owners seeking to utilize these spaces must submit an application to the municipal zoning officer. The application must include detailed plans for the layout and management of the outdoor dining area, including litter control and garbage disposal. The bill also stipulates that a municipality can require additional documentation, such as insurance certificates and indemnification agreements, and outlines the process for approval or denial of applications.
Furthermore, the bill specifies that the use of tents, canopies, umbrellas, tables, and chairs is permitted from April 1 to December 1 each year, provided they comply with state construction and fire safety codes. It clarifies that existing municipal ordinances regarding sanitation, noise, and hours of operation will still apply unless modified by the municipality. Importantly, the bill does not allow for the use of state-owned rights-of-way for outdoor dining without proper approval from the New Jersey Department of Transportation. The legislation is set to take effect immediately or upon the expiration of certain provisions of a previous law enacted in response to the COVID-19 pandemic.