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Al Fresco Dining in New Jersey, Officially Here to Stay


Dining Al Fresco in New Jersey

As of November 24, 2024, outdoor dining in the Garden State is officially here to stay.

Indoor bans and closures sparked a relentless assault on New Jersey food establishments in 2020, giving way to business closures, reduced seating capacity, disappointed customers, and profit losses.


But one silver lining—the expansion of outdoor dining—was an answer to the prayers of businesses all over the state. Restaurants in the Garden State, however, stood on the sidelines, sitting on pins and needles, as the fate of a permanent measure for outdoor dining lay in the hands of state lawmakers.   


Dining Al Fresco in New Jersey
Dining Al Fresco in New Jersey


Permissions that allowed food businesses to use outdoor equipment such as tents, canopies, umbrellas, tables and chairs for outdoor dining under a temporary license, first granted in February 2021,  were set to expire on Nov. 30.


`But on November 24, 2024, Governor Phil Murphy signed a measure permanently allowing restaurants, bars, distilleries, and breweries in the state to operate outdoors, setting up seating on sidewalks, roadways and parking lots.


The law that makes sl fresco dining in New Jersey permanent for restaurants, bars, and other food establishments, comes to a welcome relief to businesses across the state.


“Outdoor dining has proven to be an incredibly successful venture over the past four years, benefiting business owners and patrons alike,” Murphy said in a press release. “I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”

Dining Al Fresco
Outdoor Dining in the Garden State

The bill S3608/A4866), which unanimously passed the state Legislature on Oct. 25, authorizes the continued use of outdoor equipment for al fresco dining. 


Key Provisions Benefiting Restaurants

  • Permanent Extension: S3608 makes the temporary law, which was set to expire on November 30, 2024, permanent.

  • Expanded Operations: The bill allows restaurants, bars, distilleries, and breweries to utilize outdoor spaces they own or lease that are adjacent to their businesses for food and beverage sales.

  • Clear Application Process: Owners seeking to use outdoor spaces or public sidewalks will continue to file applications with their municipal zoning officer, maintaining a streamlined process.

  • Increased Revenue Potential: The permanent expansion of seating capacity translates to sustained growth opportunities for restaurants.

  • Adaptation to Consumer Preferences: This legislation acknowledges the public’s appreciation for outdoor dining options, allowing restaurants to meet and profit from consumer demands.


Friends Toasting to Outdoor Dining Law
Friends Toasting to Outdoor Dining

Breathing a final sigh of relief, businesses that currently have temporary expansion permits  issued by the New Jersey Division of Alcoholic Beverage Control can now have them converted to a permanent permit, which will be renewable every year at the discretion of local officials.


Outdoor dining not only helped many food businesses survive the crisis, it also was a hit among patrons. bringing foot traffic to all types of establishments that desperately needed it.


Dining al fresco has been a huge success in communities like Red Bank, Hoboken, and Atantic City, NJ, and this permanent legislation will allow businesses to continue reaping the benefits of this once temporary measure. 


Outdoor Dining Law


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By Eileen Strauss


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