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The original item was published from 6/4/2020 3:23:12 PM to 6/5/2021 12:00:05 AM.

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Posted on: June 4, 2020

[ARCHIVED] Gov. Executive Order Greenlights Outdoor Dining & In-Person Non-Essential Retail

Yesterday Governor Murphy signed Executive Order 150 permitting outdoor dining and in-person non-essential retail effective Monday, June 15 at 6:00 a.m.

Outdoor Dining

In-person service at outdoor areas for restaurants, cafeterias, dining establishments, and food courts, as well as picnic areas and pavilions open to the public, will be permitted starting Monday, June 15 at 6:00 a.m. The Division of Alcoholic Beverage Control has created a COVID-19 Expansion Permit to address establishments with liquor licenses. Please note that the take-out options are still permitted.

The order details the requirements that outdoor dining facilities must follow. The requirements include limiting capacity; satisfying the Department of Health standards, which includes obtaining all municipal approvals and permits before offering outdoor dining; ensuring group seatings are six feet apart in all directions; prohibiting patrons from entering the indoor premise except for walking through or use of the restroom, and requiring face covering while doing such; prohibiting smoking in the outdoor areas designated for food and drink service; and compliance with applicable local, State and federal regulations.

The order also permits municipalities to use their existing authority to permit food or beverage establishments to expand their footprint to outdoor areas, both within their property and in municipally-governed areas such as sidewalks, streets, or parks. Municipalities that make outdoor shared spaces, such as sidewalks, streets, or parks available for use by a food or beverage establishment, should equitably divide these spaces among food or beverage establishments that can feasibly use it. Please note if a municipality seeks to close off a State or county road they must obtain approval of the state or county as appropriate.

In-Person Non-Essential Retail

The order permits brick-and-mortar premises of non-essential retail businesses that were closed to the public by Executive Order No. 107 to reopen to the public. Businesses will be required to adopt the requirements outlined in Executive Order 122, paragraph 1. This includes limiting capacity to 50% of maximum capacity, installing physical barriers between customers and cashiers, and requiring workers and customers to wear face coverings, among other requirements.

Contact: Lori Buckelew, Senior Legislative Analyst,, 609-695-3481 x112.

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