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New JerseyS3608220th Legislature (2024-2025)SenateWALLET

Permits restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor space or on public sidewalk.

Sponsored By: Mitchelle Drulis (Democratic), Roy Freiman (Democratic), McCann Stamato, Barbara, Vincent J. Polistina (Republican), Paul A. Sarlo (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 2 costs, 3 mixed.

Outdoor permits do not erase sanctions

Covered businesses cannot use outdoor-service permits to bypass closures or operating limits imposed through sanctions, settlements, or court orders. State alcohol regulators and courts keep their existing enforcement powers. Permitted sidewalks, pedestrian walkways, malls, and other outdoor areas count as part of premises open to the public under the specified state criminal-law provision.

Roadside dining needs approval and setbacks

This law does not itself authorize outdoor dining on state-owned road rights-of-way. Businesses must apply separately to the New Jersey Department of Transportation and receive approval. On local roads intersecting state highways, dining areas must stay 50 feet from the state right-of-way line April 1–October 31. The setback grows to 100 feet November 1–March 31.

Outdoor alcohol permits bring fees and safeguards

Beginning May 30, 2025, eligible alcohol manufacturers and retail-consumption license holders can apply for annual outdoor-service permits. Covered businesses include wineries, breweries, cideries, meaderies, distilleries, bars, licensed restaurants, hotels, clubs, and concessionaires. Outdoor areas must be owned or leased and controlled by the business; separate locations must be reasonably nearby. Applications require municipal approval, property details, owner authorization when needed, and safeguards against alcohol handoffs, underage drinking, and overdrinking. The state alcohol director can set fees and conditions; renewals follow the business’s existing alcohol-license cycle. Older temporary permits can convert with notice and a director-set fee, without another state or municipal application. Temporary permits expire November 30, 2025, or earlier upon conversion or replacement; sections 1–8 also expire at 11:59 p.m. that day.

Outdoor service gains flexibility, keeps local limits

Towns generally cannot limit outdoor food and drink service days or hours for covered restaurants and expansion-permit holders. They can restrict service after 10 p.m. and from midnight to 11 a.m., with different rules for Sunday–Wednesday and Thursday–Saturday. Indoor service limits can also apply outdoors through zoning approval; cities legally classified as first class retain stricter authority. Towns can prohibit outdoor live performances or recorded, streamed, televised, and other broadcast content, or limit their days and hours. Existing local sanitation, property-maintenance, and noise rules remain unless the law changes them.

Restaurants gain outdoor space with limits

The law took effect December 25, 2024, allowing covered restaurants and alcohol businesses to seek municipal approval for non-alcohol outdoor service. Applications need space and fixture plans plus trash and cleaning plans; complete applications generally receive approval within 15 business days. Parking-lot dining cannot occupy more than 75% of spaces unless the lot has fewer than eight spaces; one accessible space must remain. Towns can require owner consent, an agreement to cover outdoor-dining losses, or at least $1 million in general-liability insurance. Required insurance can name the town as an additional insured and cover claims based on when the loss occurs. Tents, canopies, umbrellas, tables, and chairs are permitted in designated areas but must meet state building and fire codes. Non-alcohol restaurant permits renew annually; towns can deny, suspend, or revoke permits for listed violations, with local appeals available.

Sponsors & Cosponsors

Sponsors

  • Mitchelle Drulis

    Democratic • House

  • Roy Freiman

    Democratic • House

  • McCann Stamato, Barbara

    Affiliation unavailable

  • Vincent J. Polistina

    Republican • Senate

  • Paul A. Sarlo

    Democratic • Senate

Cosponsors

  • Allen, John

    Affiliation unavailable

  • Carmen F. Amato Jr.

    Republican • Senate

  • Rosaura Bagolie

    Democratic • House

  • James Beach

    Democratic • Senate

  • Anthony M. Bucco

    Republican • Senate

  • Christopher P. DePhillips

    Republican • House

  • Patrick J. Diegnan Jr.

    Democratic • Senate

  • Margie Donlon M.D.

    Democratic • House

  • Dawn Fantasia

    Republican • House

  • Victoria A. Flynn

    Republican • House

  • Michael Inganamort

    Republican • House

  • Angela V. McKnight

    Democratic • Senate

  • Declan J. O'Scanlon Jr.

    Republican • Senate

  • Luanne M. Peterpaul Esq.

    Democratic • House

  • Verlina Reynolds-Jackson

    Democratic • House

  • William B. Sampson IV

    Democratic • House

  • Alex Sauickie

    Republican • House

  • Gerry Scharfenberger

    Republican • House

  • Parker Space

    Republican • Senate

  • Shanique Speight

    Democratic • House

  • Swift, Claire S.

    Affiliation unavailable

  • Shirley K. Turner

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 154 • No: 0

Senate vote • 10/28/2024

CONCUR ASMB AMEND

Yes: 39 • No: 0

House vote • 10/28/2024

3RDG FINAL PASSAGE

Yes: 75 • No: 0

Senate vote • 10/28/2024

3RDG FINAL PASSAGE

Yes: 40 • No: 0

Actions Timeline

  1. Approved by Governor — P.L.2024, c.95.

    11/25/2024Governor

  2. Passed Senate, PBH — (39-0)

    10/28/2024Senate

  3. Received in Senate, 2RSC

    10/28/2024Senate

  4. Passed Assembly — (75-0-0)

    10/28/2024House

  5. Substituted for A4866 (2R)

    10/28/2024House

  6. AA, 2nd Reading in Assembly — (Freiman) (Voice)

    10/28/2024House

  7. Received in Assembly, Without Reference, 2nd Reading in Assembly

    10/28/2024House

  8. Passed Senate — (40-0)

    10/28/2024Senate

  9. REP/SCA, 2nd Reading in Senate

    10/7/2024Senate

  10. Introduced, 1st Reading in Senate, Referred to Senate Budget and Appropriations Committee

    9/19/2024Senate

Bill Text

  • Version PL2024

    1/15/2025

    HTMLPDF

  • Version AL2024

    12/5/2024

    HTMLPDF

  • Assembly 10/28/24 1R

    10/29/2024

    HTMLPDF

  • Assembly 10/28/24 2R

    10/29/2024

    HTMLPDF

  • Senate Budget and Appropriations (10/7/24 1R)

    10/29/2024

    HTMLPDF

  • 10/16/24; 1R

    10/16/2024

    HTMLPDF

  • 10/8/24; as introduced

    10/8/2024

    HTMLPDF

  • Senate Budget and Appropriations Substitute (10/7/24)

    10/8/2024

    HTMLPDF

  • As Introduced

    10/7/2024

    HTMLPDF

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