Assembly Commerce and Economic Development Committee Statement to Assembly, No. 5133 (January 13, 2021)

Summary

An Assembly Commerce and Economic Development Committee statement to the Assembly Committee Substitute for Assembly, No. 5133, State of New Jersey, dated January 13, 2021, reporting it favorably. The substitute would limit indoor service at food or beverage establishments and banquet or wedding venues to 25 percent of capacity during the coronavirus disease 2019 public health emergency. In regions with a moderate or lower activity level, an establishment or venue adopting listed mitigation measures, such as mask, ventilation and social distancing policies, could serve 50 percent of capacity. Parties dining together would be limited to 10 or fewer individuals, and establishments would conduct contact tracing on identifying a positive dine-in customer.

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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;

(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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