Bill > S2809

Introduced Session

This bill would permit the use of tents and other fixtures for outdoor dining on certain property. The bill would allow the owners and operators of restaurants, bars, distilleries, or breweries to use outdoor spaces which they own or lease and which are located 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. The bill defines outdoor spaces as including patios and decks, both covered and uncovered, yards, walkways, and parking lots, or a portion thereof. The bill would also allow the owners and operators of those establishments to use public sidewalks, as defined in the bill, as an extension of their business premises for that purpose, as well. The bill requires owners and operators of those establishments seeking to utilize outdoor spaces or public sidewalks as extensions of their business premises pursuant to the provisions of the bill to file an application with the municipal zoning officer, including information concerning the use of the outdoor spaces or public sidewalks, as appropriate, pursuant to the requirements set forth in the bill. The bill allows the use of tents, canopies, umbrellas, tables, chairs, and other fixtures on these premises as long as the tent, canopy, umbrella, table, chairs, or other fixture conforms to all applicable fire safety and construction code provisions. The bill specifies that these tents, canopies, umbrellas, tables, chairs, and other fixtures would be deemed a permitted use for the time period encompassing the first day of April through the first day of December of each year. The bill, further clarifies that any administrative rule or regulation which governs the use of tents, canopies, umbrellas, tables, chairs, and other fixtures during the winter, specifically the time period encompassing the second day of December through the last day of March, would not be impacted by the provisions of the bill. The bill is to take effect immediately or upon the expiration of sections 1 through 8 of P.L.2021, c.15, whichever is later. P.L.2021, c.15 was enacted on February 5, 2021, in part, to temporarily expand opportunities for restaurants, bars, distilleries, and breweries to provide outdoor dining in response to the COVID-19 public health emergency, and is to expire by its own terms. This bill would make several provisions of that law permanent

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Declan O'Scanlon (R)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 06/09/2022)

Official Document