As part of the phased opening of businesses in New Jersey limited outdoor restaurant food and beverage service is set to begin on June 15th. Operators should remember to obtain all necessary consent from their Landlord to permit the outdoor dining and such operations must still observe all state and local health and safety regulations and meet all social distancing and occupancy limitation requirements.

As for the service of alcoholic beverage in these outdoor areas. The NJ ABC is set to  roll out a new permit this week called a COVID-19 Expansion of Premises Permit. This permit would  allow current  licensees to expand their establishments, beginning on June 15, 2020, into outdoor areas contiguous and non-contiguous to their licensed premises. NJ Licensees should be on the lookout for the announcement on ABC’s website.  We are told to  expect the permit application to be available on the NJABC web site by Friday, 6/5.

For those with food and beverage operations based in NYC we are advised that NYC is supposedly voting this week on measures similar to that adopted by NJ. Once adopted we will have to see how three agencies – Dept of Transportation, Dept of Consumer Affairs and NY SLA coordinate to make this a quick and easy process so that outdoor food an beverage service can be readily provided by all Licensees.


As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice.  For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.