State authorizes bars to expand outdoor services starting June 15, when outdoor dining starts

 

Drinking in public used to be a no-no.  But it’s about to become part of the new normal–for a few months, anyway.

Bars can seek temporary permits to expand their operations to decks, patios, parking lots, sidewalks, parks and other outdoor areas adjoining or near their establishments, under rules announced Wednesday by state officials.

These $75 permits will start on June 15 — when outdoor dining also begins — and continue through Nov. 20, 2020.

“As New Jersey’s bars and restaurants reopen sit-down service to patrons, we are doing everything we can to help meet their needs to serve patrons while also complying with the social distancing requirements in place to prevent a resurgence of COVID-19,” state Attorney General Gurbir S. Grewal said in a statement.

“The Special Ruling we’re announcing today will help offset the economic impact to licensees caused by a reduced capacity of patrons allowed on-premises at any given time,” added James Graziano, acting director of the Division of Alcoholic Beverage Control.

 

Executive Order 150, signed Wednesday by Gov. Phil Murphy, authorizes outdoor dining as long as group tables are six feet apart, and restaurants and taverns comply with safety and sanitation protocols issued by the state health department.

“Restaurants and bars throughout New Jersey have been immensely cooperative with necessary public health measures that were placed upon them while battling the COVID-19 pandemic,”  Murphy said in a statement.

It’s up to municipalities to approve outdoor expansions by food and beverage establishments, and to allocate shared spaces equitably, according to the governor’s order.  Towns must seek permission to close state or county roads for these expansions.

Morristown Mayor Tim Dougherty has been pushing, so far without success, for the okay to close portions of South Street, a state thoroughfare.

In Morris Plains, where there options for sidewalk dining are limited, Mayor Jason Karr said he is searching for ways to help the borough’s restaurants rebound.

The state ABC “will seek to ensure that municipal concerns regarding hours, proximity to neighbors, structures, and other issues of local concern are appropriately addressed in the COVID-19 Expansion Permit,” Graziano said.

Bars must comply with local ordinances and site plan requirements, the rules state.

The new rules prohibit smoking at these outdoor venues. Any items available on the takeout menu must be available to patrons dining outside, and establishments must switch to takeout during bad weather.  Tables may not exceed eight guests.

A directive from state Health Commissioner Judy Persichilli mandates that food and beverage establishments must provide masks and gloves to employees; take their temperatures when they come to work or otherwise screen for COVID-19 symptoms; and disinfect tables, chairs and any other shared items (menus, condiments, pens) after each use.

Establishments also must mark off six feet of spacing inside where patrons queue for their tables or the bathroom, and patrons must wear masks at those times.

Salad bars, buffets and self-serve beverage stations are prohibited.

Here are the full requirements in Persichilli’s directive:

1. Food or beverage establishments offering service at outdoor areas pursuant to Executive Order No. 150 (2020) must adhere to the protocols listed below:

a. Obtain all required municipal approvals and permits before offering food and/or beverage consumption at outdoor areas;

b. Post signage at the entrance that states that no one with a fever or symptoms of COVID-19 should enter the food or beverage establishment;

c. Limit seating to a maximum of eight (8) customers per table and arrange seating to achieve a minimum distance of six feet (6 ft) between parties;

d. Rope off or otherwise mark tables, chairs and bar stools that are not to be used;

e. Demarcate 6 feet of spacing in patron waiting areas;

f. Provide physical guides, such as tape on floors, sidewalks, and signage on walls to ensure that customers remain at least 6 ft apart in line for the restroom or waiting for seating;

g. Eliminate self-service food or drink options such as buffets, salad bars, and self-service drink stations;

h. Disinfect all tables, chairs and any other shared items (menus, condiments, pens) after each use;

i. Install physical barriers and partitions at cash registers, bars, host stands and other area where maintaining physical distance of 6 ft is difficult;

J. Ensure 6 ft of physical distancing between workers and customers, except at the moment of payment and/or when employees are servicing the table;

k. Require infection control practices, such as regular handwashing, coughing and sneezing etiquette, and proper tissue usage and disposal;

I. Require frequent sanitization of high-touch areas like credit card machines, keypads, and counters to which the public and workers have access;

m. Place conspicuous signage at entrance alerting staff and customers to the required 6 ft of physical distance; and

n. Require all food or beverage establishments to have an inclement weather policy that, if triggered, would require the food or beverage establishment 2 to adhere to Executive Order No. 125 (2020) and offer takeout or delivery service only.

2. Food or beverage establishments offering service at outdoor areas pursuant to Executive Order No. 150 (2020) must impose the following requirements on employees:

a. Require employees to wash and/or sanitize their hands when entering the food or beverage establishment;

b. Conduct daily health checks (e.g. temperature screening and/or symptom checking) of employees safely and respectfully, and in accordance with any applicable privacy laws and regulations;

c. Require employees with symptoms of COVID-19 (fever, cough, or shortness of breath) be sent home;

d. Require all employees to wear face coverings, except where doing so would inhibit the individual’s health, and require employees to wear gloves when in contact with customers and when handing prepared foods or serving food, utensils, and other items to customers;

e. Provide all employees with face coverings and gloves;

f. Provide employees break time for repeated handwashing throughout the workday; and

g. Provide sanitization materials, such as hand sanitizer and sanitizing wipes to staff.

3. Food or beverage establishments offering service at outside areas pursuant to Executive Order No. 150 (2020) must institute the following policies with respect to customers:

a. Inform customers that safety measures such as social distancing, wearing face coverings when they are away from their table and unable to social distance or when they are inside the indoor portion of the premises of the food or beverage establishment (unless the customer has a medical reason for not doing so or is a child under two years of age), and hygiene practices must be adhered to while in the food or beverage establishment;

b. Encourage reservations for greater control of customer traffic/volume;

c. Require customers to provide a phone number if making a reservation to facilitate contact tracing;

d. Recommend customers wait in their cars or away from the food or beverage establishment while waiting for a table if outdoor wait area cannot accommodate social distancing;

e. Alert customers via calls/texts to limit touching and use of shared objects such as pagers/buzzers;

f. Encourage the use of digital menus;

g. Decline entry to the indoor portion of the establishment to a customer who is not wearing a face covering, unless the customer has a medical reason for not doing so or is a child under two years of age; and

h. Provide a hand sanitizer station for customers

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