New NJ Bills Would Alter Gov. Murphy's COVID Management Plans

NEW JERSEY — State lawmakers approved a package of bills aimed at helping the struggling hospitality industry and economy amid the coronavirus pandemic.

The General Assembly unanimously approved four bills this week that address capacity limits that are having a negative impact on restaurants, bars, and wedding venues.

Four counterpart bills have been introduced in the state Senate, but they remain in committee. Should those bills be approved, the whole package would to the governor’s desk for his signature.

Members of Murphy’s own party sponsored each of the bills in the package, which calls on the state to:

• Expand indoor capacity for food and beverage establishments, including wedding venues and banquets, under certain circumstances, depending on the COVID-19 activity level in their region and if established safety measures have been met (A-5133);
• Ease overly regulations by allowing food or beverage establishment to seat patrons outdoors under temporary awnings or tents that are not certified to hold a snow load, provided there is no presence of snow when the tents are being used (A-5139);
• Establish standards for the use of heaters and tents for outdoor dining in the winter (A-5135); and
• Allow smaller restaurants to use physical barriers for indoor dining where maintaining 6 feet of social distancing isn't possible. This would allow food and beverage establishments to meet state-designated capacity limits that they could not meet before because their indoor seating was too close together (A-5136).

“The aim of this legislation is to help Main Streets throughout New Jersey survive and ultimately thrive again, by offering a degree of stability while ensuring the safety of staff and patrons,” Assembly Majority Leader Louis Greenwald (D-Camden/Burlington) said. “Providing a reliable and clear path forward will help the food and beverage industry – among the hardest hit industries in our state – to stay in business both during and beyond this pandemic.”

Greenwald who was the primary sponsor on three of the bills (A-5133, A-5135, and A-5136).
Assemblyman Roy Frieman (D-Hunterdon/Mercer/Middlesex/Somerset) was the primary sponsor on the fourth, A-5139. The whole package received bipartisan support.

“The restaurant and bar industry has been forced to make drastic changes to comply with Governor Murphy’s endless executive orders in order to stay afloat,” State Senator Jim Holzapfel (R-Ocean) said. “We believe these bills will provide the necessary tools to keep their doors open while maintaining a safe environment for their customers and staff.”

In January, the New Jersey Business and Industry Association (NJBIA) sued the Murphy Administration in an attempt to limit the governor’s power after he vetoed a bill giving restaurants and bars more freedom amid the COVID-19 crisis. Read more: Gov. Murphy Defends NJ Dining Veto Amid Lawsuit Over COVID Powers

The NJBIA has been advocating for a regional approach to safe reopenings since the summer, when the coronavirus curve had flattened but statewide restrictions remained. The business association voiced support for the package passed on Thursday.

“Restaurants and other hospitality businesses struggling now under the current overly restrictive state mandates and are going out of business at an alarming rate,” NJBIA Vice President of Government Affairs Christopher Emigholz said. “NJBIA supports this legislative package because it supports this important industry with clearer and more sensible operating guidance.”

Emigholz reiterated the devastating impact the pandemic has had on businesses.

“As of March 15, small business revenue is down 34.8 percent overall in New Jersey compared to January 2020, but in the leisure and hospitality industry revenues are down 60.8 percent," Emigholz said after the Assembly package was approved. “During that same timeframe, the decline in open New Jersey leisure and hospitality businesses was 51.5 percent.”

Murphy has loosened some restrictions. Earlier this month, indoor restrictions were increased to 50 percent for restaurants, cafeterias, food courts, indoor recreation facilities, amusement centers, personal care services (barber shops, nail salons, and other personal care businesses) and entertainment businesses (including casinos, movie theaters and gyms). Read more here: NJ Lifts More COVID-19 Restrictions: What You Can, Can’t Do

The ease in restrictions comes as vaccines become more prevalent. As of Thursday, 1.3 million New Jersey residents had been fully vaccinated, and 3.7 million had received at least one dose of the vaccine.

There does appear to be a rise in the number of new cases, as state Department of Health's most recent "COVID-19 Activity Level Report," which is issued weekly, says the coronavirus activity level rose from "moderate" to "high" statewide. Read more here: NJ Counties Backslide In Coronavirus Crisis: Here’s Where

Two weeks ago, Murphy extended New Jersey's public health emergency amid the coronavirus crisis for the 11th time. Read more here: NJ Extends COVID Emergency, Citing More Vaccine Expansion