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Assembly Commerce and Economic Development Committee Statement to Assembly, No. 3708 (May 19, 2022)

Summary

This is an Assembly Commerce and Economic Development Committee statement to the New Jersey Assembly on Assembly Bill No. 3708, with committee amendments, dated May 19, 2022. The committee reports the bill favorably. As amended, the bill extends the time during which certain restaurants, bars, distilleries and breweries may use tents, canopies, umbrellas, tables, chairs, and other fixtures on their properties, moving the date from November 30, 2022 to November 30, 2024. The statement says rules limiting such use to 180 days or less are inapplicable while P.L.2021, c.15 is in effect. The committee amendment clarifies that rules governing use from the second day of December through the last day of March are not affected. As amended, the bill is identical to Senate Bill No. 2364 (1R).

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“Assembly Commerce and Economic Development Committee Statement to Assembly, No. 3708 (May 19, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-05-19-ace-a3708-s1-23bf0bd0c2/, SHA-256 2e4ef3e603ad9b507a7254983c2d2d897aa81fce4538ebdf7e05db7a1c859636.

Full text

ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
                COMMITTEE

                           STATEMENT TO

                      ASSEMBLY, No. 3708
                          with committee amendments



       STATE OF NEW JERSEY
                             DATED: MAY 19, 2022

           The Assembly Commerce and Economic Development Committee
      reports favorably and with committee amendments Assembly Bill No.
      3708.
           This bill, as amended, would expand the time period during which
      certain restaurants, bars, distilleries and breweries would be allowed to
      utilize tents, canopies, umbrellas, tables, chairs, and other fixtures on
      the properties on which their establishments are located. The law that
      currently allows these businesses to use tents, canopies, umbrellas,
      tables, chairs, and other fixtures to expand their capacity to serve
      clients would otherwise expire on November 30, 2022. This bill
      would extend that date until November 30, 2024.
           Additionally, this bill allows the use of tents, canopies, umbrellas,
      tables, chairs, and other fixtures on these properties as long as the tent,
      canopy, umbrella, table, chairs, or other fixture conforms to all
      applicable fire safety and construction code provisions. The bill
      specifies that these tents, canopies, umbrellas, tables, chairs, and other
      fixtures will be deemed a permitted use for the time period
      encompassing the first day of April through the first day of December
      for each additional year in which P.L.2021, c.15 is in effect. This bill
      clarifies that any administrative rule or regulation which otherwise
      limits the use of tents or other fixtures to 180 days or less will be
      inapplicable during the time that P.L.2021, c.15 is in effect. The bill,
      as amended, further clarifies that any administrative rule or regulation
      which governs the use of tents, canopies, umbrellas, tables, chairs, and
      other fixtures during the winter, specifically the time period
      encompassing the second day of December through the last day of
      March, will not be impacted by the provisions of this bill.
           As amended and reported, this bill is identical to Senate Bill No.
      2364 (1R).

      COMMITTEE AMENDMENTS:
          The committee amended this bill to clarify that any administrative
      rule or regulation that governs the use of tents, canopies, umbrellas,
      tables, chairs, and other fixtures on private or public property or right
                                2

of way designated by a municipality, for the time period encompassing
the second day of December through the last day of March, is not to be
impacted by this bill.

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