Assembly Commerce and Economic Development Committee Statement to Assembly, No. 5136 (January 13, 2021)

Summary

An Assembly Commerce and Economic Development Committee statement to the Assembly Committee Substitute for Assembly, No. 5136, State of New Jersey, dated January 13, 2021, reporting it favorably. The substitute reproduces the indoor dining section of Executive Order No. 183 of 2020, including limits of 25 percent of indoor capacity, seating separated by six feet and facial coverings for patrons. It adds the option of separating seating by a physical barrier instead of six feet, so that smaller restaurants can reach their 25 percent capacity. The substitute does not supersede the existing fire code and would expire on the later of the end of related executive orders or a date tied to the end of the state of emergency.

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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE

STATEMENT TO

ASSEMBLY
COMMITTEE SUBSTITUTE FOR

ASSEMBLY,
No. 5136

STATE
OF NEW JERSEY

DATED: JANUARY
13, 2021

The Assembly Commerce and Economic Development
Committee reports favorably an Assembly Committee Substitute for Assembly, No.
5136.

This committee substitute concerns safety within food
and beverage establishments during the coronavirus disease 2019 pandemic. The substitute
reproduces the section of Executive Order No. 183 of 2020, which concerns
indoor dining at food or beverage establishments. The substitute reproduces
the safety regulations of that executive order, including limiting the number
of patrons in an establishment to 25 percent of its indoor capacity, ensuring
that seating is separated by six feet from other seating, requiring patrons to
wear facial coverings, only allowing patrons to order or consume food or drinks
when they are seated, only allowing patrons to order at a counter if social
distancing is in effect in the establishment, otherwise only allowing food or
drink delivery by employees, and requiring the establishment to abide by other
health and safety regulations.

The substitute adds the option for seating to be
separated by a physical barrier instead of being separated by a distance of six
feet. This is intended to allow restaurants in physically smaller spaces to safely
achieve their 25 percent of indoor capacity. The substitute specifically provides
that its provisions do not supersede the existing fire code.

The substitute would expire upon the later of: the date
of expiration, termination, or rescission of any and all executive or
administrative orders issued by the Governor or Commissioner of Health
establishing coronavirus-related occupancy or customer seating restrictions
applicable to licensed premises; or the first day of the seventh month
following the date on which the Governor declares that the state of emergency
has ended.

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