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

Summary

Statement of the Assembly Commerce and Economic Development Committee of the State of New Jersey, dated May 19, 2022, reporting Assembly Bill 3708 favorably with committee amendments. The bill extends from November 30, 2022 to November 30, 2024 the period in which certain restaurants, bars, distilleries and breweries may use tents, canopies, umbrellas, tables, chairs and other fixtures on their properties, if the fixtures conform to fire safety and construction code provisions. The fixtures are a permitted use from the first day of April through the first day of December, and rules limiting tents to 180 days or less do not apply. The amendments leave winter rules untouched. As reported, the bill is identical to Senate Bill 2364.

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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 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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