SENATE, No. 3340
STATE OF NEW JERSEY
INTRODUCED JANUARY 7, 2021
Senator   PAUL A. SARLO
District 36 (Bergen and Passaic)
Senator   NELLIE POU
District 35 (Bergen and Passaic)
Expands opportunities for restaurants, bars, distilleries, and breweries to provide outdoor dining and permits certain sales at seasonal farms markets in response to COVID-19 public health emergency.
CURRENT VERSION OF TEXT
An Act creating opportunities for restaurants, bars, distilleries, and breweries to adjust operations in response to the COVID-19 public health emergency through expanded outdoor dining; and by permitting certain sales at seasonal farm markets.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1.     As used in this act, P.L.       , c.       (pending before the Legislature as this bill), and only for the purposes of this act:
Brewery    means a brewery operating under a brewery license pursuant to R.S.33:1-10.
"Distillery" means a distillery that has been issued, and is in compliance with, a distillery license pursuant to R.S.33:1-10.
Food    means food that is cooked, prepared, sold, served, and consumed on the business premises.
Outdoor space    means a patio or deck, whether covered or uncovered, a yard, a walkway, or a parking lot, or a portion of any such space, that is located on or adjacent to the business premises, which space is owned, leased, or otherwise in the lawful control of the owner or operator of the business premises.
Public sidewalk    means a sidewalk on the locally or county owned public right-of-way which is adjacent to the business premises, or a portion thereof.
Special Ruling No. 2020-10    means Special Ruling No. 2020-10, issued by the acting director of the Division of Alcoholic Beverage Control on June 3, 2020.
2.       a.     Notwithstanding the provisions of any law to the contrary, during the period that this section is in effect, the owner or operator of a restaurant, bar, distillery, or brewery may use outdoor spaces which they own or lease and which are located either on, or adjacent to, their business premises, as an extension of their business premises for the purpose of conducting sales of food and beverages, including alcoholic beverages if so licensed and permitted by Special Ruling No. 2020-10.
b.       The owner or operator of a restaurant, bar, distillery, or brewery desiring to utilize outdoor spaces as an extension of their businesses shall file an application with the municipal zoning officer that includes: (1) a plan, sketch, picture, or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, and other fixtures of the outdoor spaces; and (2) a plan for the control of litter, the removal and storage of garbage, and the cleaning of fixtures and grounds.   If a business premises    parking lot is used for the service and sale of either food or beverages, or both, including, but not limited to, alcoholic beverages if so licensed, the restaurant, bar, distillery, or brewery shall not encumber more than 75 percent of the lot   s total parking spaces for such service and sale, unless the parking lot contains less than eight parking spaces, and shall maintain at least one handicapped parking space in the parking lot.
c.         A municipality may require that an applicant provide one or more of the following:   (1) written consent of the owner of the premises, if other than the applicant, (2) an insurance certificate naming the municipality as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility, or (3) an indemnification agreement with the municipality with respect to losses arising solely from the operation of the outdoor dining facility.
d.       (1)     The zoning officer shall issue an approval to the applicant within 15 business days of the application being submitted and deemed complete provided that the applicant meets and abides by all qualifications and requirements of this act, with the exception that the zoning officer may deny an application based on current violations of any other health, safety, fire, permitted use, or zoning regulation, or upon any applicable law permitting the denial of a zoning permit, that is not otherwise directly superseded by this section or Special Ruling No. 2020-10.   An application under this section shall not be considered a variance under the    Municipal Land Use Law,    P.L.1975, c.291 (C.40:55D-1 et seq.).
(2)     A municipality may deny, revoke, or temporarily suspend the permit of any applicant or permittee that violates, or is not in compliance with, any provision of this act or any provision of a law, ordinance, or regulation related to the consumption or control of alcoholic beverages not otherwise under the jurisdiction of the Division of Alcoholic Beverage Control, and may also deny, revoke, or temporarily suspend the permit of any applicant or permittee based on any action taken against the applicant or permittee by the Division of Alcoholic Beverage Control related to the division   s enforcement of any law or regulation related to the consumption or control of alcoholic beverages under its jurisdiction.
(3)     An appeal to any approval, denial, revocation, or suspension may be filed consistent with section 59 of P.L.1975, c.291 (C.40:55D-72), and other applicable provisions of the    Municipal Land Use Law,    P.L.1975, c.291 (C.40:55D-1 et seq.), and:
the commencement of the 20-day limitation period in section 59 of P.L.1975, c.291 (C.40:55D-72) shall begin on that date that the appellant knew or should have known   of the approval, denial, revocation, or suspension, and
the deadline by which a decision on an appeal is to be rendered under section 60 of P.L.1975, c.291 (C.40:55D-73) shall be 60 days. The governing body of a municipality may adjust, by ordinance or resolution, any other deadlines under the    Municipal Land Use Law,    P.L.1975, c.291 (C.40:55D-1 et seq,) with respect to the filing of such   appeal so as to allow compliance with this 60-day limitation.
Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law.
e.         A municipality shall require that any restaurant, bar, distillery, or brewery operating pursuant to this section shall follow, maintain, and enforce protocols