A5139 —

A5139 ACS ACE Statement 1/13/21 ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE   STATEMENT TO   ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No.

5139   STATE OF NEW JERSEY 219th LEGISLATURE   ADOPTEDDATED: JANUARY 13, 2021     Sponsored by:

Assemblyman  JANUARY ROY13, FREIMAN2021 District  16      (Hunterdon,The Mercer,Assembly MiddlesexCommerce and Somerset)Economic Assemblyman Development LOUISCommittee D.reports favorably an Assembly Committee Substitute for Assembly, No.

GREENWALD5139. District 6 (Burlington and Camden) Assemblyman  GORDON M.

JOHNSON     DistrictThis 37committee (Bergen)substitute Assemblyman would NICHOLASallow CHIARAVALLOTIfood Districtand 31beverage (Hudson)establishments  to Co-Sponsoredseat by:patrons in an open air space with a fixed roof or temporary or seasonal awning or cover with at least two sides through which egress is possible, provided that the roof, temporary or seasonal awning, or cover complies with applicable requirements under law.

Assemblymen  Benson,     Moen,The McGuckin,substitute Catalano,would Dancer,specifically Tully,authorize Mazzeo,a Assemblywomanfood Pintoror Marin,beverage Assemblymenestablishment Wirths,to Space,seat Assemblywomana Quijano,patron Assemblymanin Thomson,an Assemblywomenopen Vainieriair Huttle,space Schepisi,with Assemblymana Houghtaling,fixed Assemblywomenroof Downey,or Jimenez,temporary DiMasoor andseasonal Swainawning  or  cover  without  complying SYNOPSISwith     any Easesrequirement certainconcerning foodsnow andloads, beverageexcept establishmentwhen tentthe requirementsroof, duringawning, coronavirusor diseasecover 2019has pandemic.any presence of snow, unless the roof, awning, or cover is certified to hold a snow load pursuant to the State Uniform Construction Code.

  CURRENT VERSION OF TEXT      Substitute as adopted by the Assembly Commerce and Economic Development Committee.

         An Act concerning the use of awnings or tents by food or beverage establishments during the coronavirus disease 2019 pandemic.

       Be It Enacted by the Senate and General Assembly of the State of New Jersey:

       1.    a.  Restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges, collectively referred to as “food or beverage establishments,” may seat patrons in an open air space that has a fixed roof or temporary or seasonal awning or cover with at least two sides through which egress is possible, provided that the fixed roof or temporary or seasonal awning or cover complies with applicable requirements under law.

     b.    A food or beverage establishment may seat a patron in an open air space as provided in subsection a.

of this section without complying with any requirement concerning snow loads, except when the roof, awning, or cover has any presence of snow, unless the roof, awning, or cover is certified to hold a snow load pursuant to the State Uniform Construction Code.

       2.    This act shall take effect immediately and shall expire on the later of:

     (1)   the date of expiration, termination, or rescission of any and all executive or administrative orders issued by the Governor or Commissioner of Health establishing coronavirus-related occupancy or customer seating restrictions applicable to food or beverage establishments;

or      (2)   the first day of the seventh month next following the date on which the Governor declares that the state of emergency has ended.