By Sunayana Prabhu
NEW JERSEY – Temporary outdoor dining established during the pandemic is sticking around as Gov. Phil Murphy signed into law a bill making the practice a permanent option for restaurants and certain alcoholic beverage retailers and manufacturers in the state. The measure affords many businesses additional space to cater to clients, bring in more revenue and stay afloat.
Outdoor dining permits, which were a temporary feature established by the state in February 2021 to promote social distancing during the COVID-19 pandemic, were set to expire Nov. 30. Murphy signed the bipartisan bill Nov. 25, offering support to the food and beverage industry by allowing the expansion of their licensed premises within designated outdoor spaces or on public sidewalks. The legislation authorizes the continued use of fixtures such as tents, canopies, umbrellas, tables and chairs for outdoor dining.
“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 release. “I’m proud to continue this popular measure and look forward to seeing our restaurant industry continue to grow.”
Under the new law, the holder of a temporary expansion permit issued by the New Jersey Division of Alcoholic Beverage Control (ABC) may have their temporary permit converted to a permanent permit, renewable annually and issued with the approval of local officials.
“This permanent change to the state’s retail consumption segment of the alcoholic beverage industry is a commonsense approach to changing customer preferences,” said Kirstin Krueger, interim director of the ABC. “I’m gratified that the pivot we made in 2020 will remain, allowing our industry to stay resilient and keep thriving.”
The framework for this legislation began in 2021 with bill S3340, which allowed municipalities to permit restaurants, bars, distilleries and breweries to utilize outdoor spaces or public sidewalks as extensions of their premises. Many municipalities have adopted these measures since Murphy first authorized outdoor dining in June 2020.
Outdoor dining helped several Two River-area towns endure the impact of the pandemic by bringing in more foot traffic to small businesses struggling to survive, retain employees and continue serving customers.
The new law has been a boon for Zoe’s Emilio’s Kitchen, a local eatery tucked away in a residential neighborhood on Center Avenue in Atlantic Highlands. For Emilio Vicens, the owner of the restaurant, the ability to offer permanent outdoor seating has been a game-changer, especially after the pandemic. “People feel more trustful and enjoy being outside after being cooped up at home for so long,” he said. The restaurant’s capacity has nearly doubled with permanent outdoor dining, from 45 seats inside to an additional 50 seats outside. This expanded footprint has allowed Vicens to accommodate more customers, particularly during the popular spring and summer months when diners flock to the patio.
He noted that the cost of renewing temporary outdoor dining permits was minimal, making the transition to permanent seating a much-needed feature. The restaurant also has an agreement with a nearby church to provide overflow parking, ensuring that the influx of customers doesn’t overwhelm the residential neighborhood.
Although the pandemic has faded, outdoor dining is here to stay on main streets across the state. One of the most vibrant downtowns in the state, Red Bank was ahead of the game. Since 2020, borough officials have closed a portion of Broad Street from Front Street to White Street to create a pedestrian-only plaza for the summer months. The initiative, called Broadwalk, was launched by borough officials in collaboration with the borough’s promotional agency RiverCenter to support downtown restaurants and small businesses trying to weather the impacts of the pandemic. Broadwalk is a “resounding success,” officials said in an October press release.
Now a summer staple with outdoor dining, live music and shopping, Broadwalk has recorded around “2,000 daily visits compared to pre-Broadwalk levels of just 681 visits, outshining major regional attractions such as DreamWorks Water Park and Jenkinson’s Aquarium,” according to data collected by Placer.ai. The data further revealed that from May through September 2024, Broadwalk attracted over 175,000 unique visitors, “significantly outpacing baseline traffic.”
Red Bank Deputy Mayor Kate Triggiano, who spearheaded the legislation for the creation of Broadwalk, said her goal was to create a space to “uplift our small businesses and give our community a place to connect and thrive. The very first night of Broadwalk, it was clear that it was special and here to stay. Five seasons later, Broadwalk’s sustained success is a result of the collaborative efforts between the borough, business owners, RiverCenter and the people who make it special. Viva Broadwalk!”
The article originally appeared in the December 5 – 11, 2024 print edition of The Two River Times.
