Statement — Assembly Committee Substitute for Assembly, No. 5133 (New Jersey, January 13, 2021)
Summary
Statement of the Assembly Commerce and Economic Development Committee, State of New Jersey, dated January 13, 2021, reporting favorably Assembly Committee Substitute for Assembly, No. 5133. The substitute addresses the indoor operation of food or beverage establishments, and of banquet or wedding venues, during the public health emergency declared in response to the coronavirus disease 2019 pandemic. It requires these establishments to limit indoor service to 25 percent of capacity, or to 50 percent of capacity if they undertake specific measures designed to mitigate the risks of spreading coronavirus disease 2019. The statement says capacity must drop to a maximum of 25 percent if a region's activity level increases above moderate, according to the Department of Health.
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“Statement — Assembly Committee Substitute for Assembly, No. 5133 (New Jersey, January 13, 2021).”
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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
COMMITTEE
STATEMENT TO
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 5133
STATE OF NEW JERSEY
DATED: JANUARY 13, 2021
The Assembly Commerce and Economic Development Committee
reports favorably an Assembly Committee Substitute for Assembly,
No. 5133.
The Assembly Committee Substitute for Assembly Bill No.
5133 addresses the indoor operation of food or beverage
establishments, and of banquet and weddings venues, during the
public health emergency declared in response to the coronavirus
disease 2019 pandemic. The substitute requires food or beverage
establishments, and banquet or wedding venues, to limit the number
of persons who may be served indoors to 25 percent of the
establishment’s or venue’s capacity. However, if an establishment
or venue undertakes specific measures designed to mitigate the risks
of spreading coronavirus disease 2019, the establishment or venue
may provide indoor service to persons representing 50 percent of
the establishment’s or venue’s capacity.
The bill defines the term “food or beverage establishment” to
include restaurants, cafeterias, dining establishments, and food
courts; bars; and other holders of a liquor license with retail
consumption privileges.
Under the bill, within regions of the State that have a moderate
or lower level of coronavirus disease 2019 activity, an
establishment or venue may provide indoor service to a number of
persons comprising 50 percent of the establishment’s or venue’s
capacity if the establishment or venue institutes:
(i) employee protocols to monitor for signs and symptoms of
coronavirus disease 2019;
(ii) a policy requiring the business to suspend operations
immediately for cleaning and disinfection if someone with
coronavirus disease 2019 is on the premises;
(iii) a sick leave policy;
(iv) a “six feet” social distancing policy;
(v) a policy to erect physical barriers if it is not possible to
maintain a “six feet” social distancing policy;
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(vi) a limit to the number of persons that may occupy a
restroom at the same time, and that may be seated together at the
same time;
(vii) an employee hand-washing policy;
(viii) the installation of hand-sanitizer dispensers or stations at
the entrance to, and throughout, the establishment or venue;
(ix) a mask policy;
(x) ventilation protocols;
(xi) cleaning and disinfection protocols;
(xii) signage protocols; and
(xiii) communication and training protocols.
An establishment or venue must also:
(i) install barriers between each table;
(ii) limit parties dining together to 10 or fewer individuals;
(iii) inform the board of health of the establishment’s or
venue’s capacity; and
(iv) shut down immediately to clean and disinfect upon
identifying a presumptive positive or positive case of coronavirus
disease 2019 by an employee, guest, visitor, or vendor.
Additionally, the bill requires an establishment or venue to
conduct contact tracing upon identifying a dine-in customer with a
presumptive positive case or a positive case of coronavirus disease
2019. This requirement would not apply to customers who order
takeout or delivery from an establishment or venue.
If a region’s activity level of coronavirus disease 2019 increases
above moderate, according to the Department of Health, all
establishments and venues within the region must decrease their
indoor operations to a maximum of 25 percent capacity of the
establishment’s or venue’s capacity.
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