NJ S2528

Restaurants, bars, distilleries, and breweries may use outdoor spaces they own or lease (patios, decks, yards, walkways, parking lots) and public sidewalks as extensions of their business premises for food and beverage sales, including alcohol if licensed.

Businesses must submit applications to the municipal zoning officer including design plans for tents, canopies, tables, and chairs, plus litter control and garbage removal plans; zoning officers must approve complete applications within 15 business days.

Tents, canopies, and other outdoor fixtures are permitted uses from April 1 through December 1 annually, provided they comply with State Uniform Construction Code and Fire Prevention Subcode requirements.

Municipalities may require $1,000,000 general liability insurance naming the municipality as additional insured and/or indemnification agreements; parking lot use is limited to 75% of total spaces with at least one handicapped space maintained.

Public sidewalk dining requires maintaining a minimum 4-foot pedestrian walking path, and municipalities retain authority to order temporary removal of fixtures for construction, severe weather, or public emergencies.