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TOWN OF SECAUCUS TEMPORARY OUTDOOR DINING SPECIAL EVENT (Town of Secaucus, New Jersey)

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TOWN OF SECAUCUS
TEMPORARY OUTDOOR DINING
SPECIAL EVENT PERMIT APPLICATION 2020
This Application must be completed in its entirety and submitted prior to the Temporary Outdoor Dining
Special Event ("Event") . All Questions must be fully answered or, if it does not apply to the Event, indicate
"NA" for "Not Applicable." If more space is needed or other documentation submitted, please attach to this
Application at submission. There is no fee for this Application .
PERMITS SHALL BEV ALID FOR A PERIOD THROUGH SEPT. 7, 2020*
*subject to current COVID-19 regulations and at the discretion of the Town of Secaucus.
Date of Application:
Application For:
TEMPORARY OUTDOOR DINING
Restaurant Name
Restaurant Address
Restaurant Phone
Email
Owner/Contact Person
Owner/Contact Phone
Owner/Contact Address
Owner/Contact Email
Proposed dates for Participation: ____ _ ___ , 2020 to __ __ ___ __ _ , 2020
Days and Hours of Planned Operation of Outdoor Dining:
*Please note outdoor dining locations can only be used between 8:00am and 10:00pm.
Monday
from am/pm to
am/pm
Tuesday
from am/pm to
am/pm
Wednesday from
am/pm to am/pm
Thursday
from
am/pm to
am/pm
Friday from
am/pm to
am/pm
Saturday from
am/pm to
am/pm
Sunday
from am/pm to
am/pm
1
Anticipated# of Persons
During Peak Times:
Staff /management/security
Customers /total available seats
Location of Event- Planned Temporary Outdoor Seating Area (include square footage if known):
Does the Business own the property on which the Event will be taking place?
Yes
No
If No, please submit a letter form the Landlord/Landowner permitting the Event/Temporary Outdoor
Dining to occur on the property/location specified.
Please detail or submit any plan or provisions in place, including any contractor or outside company
involved, for the following (if applicable):
Site Plan/Layout/Occupancy Plan (Please identify all entrances, exits, stmctures, tables, seating,
lighting, decorations, heat lamps, etc. on a plan/layout
- hand drawn is acceptable and it is required
that you submit a drawing plan/layout):
Fire Safety/Security Plan:
Service/Clean-up Plan (ie. Table
se1vice, open seating, etc.):
Parking Plan:
2
Insurance:
Please submit a current Certificate of Insurance for your business and event location. If located on Town of
Secaucus property, please include the Town of Secaucus as an additional insured.
If you are requesting any special assistance, personnel or equipment from the Town of Secaucus, please
describe below:
Will any of the following be present:
Alcoholic beverages Y / N
Tents /Tempora1y Structure Y / N
PLEASE READ AND INITIAL NEXT TO EACH OF THE FOLLOWING, IND I CA TING YOUR AGREEMENT:
I understand that the Town of Secaucus is informing me on the attached pages of policies and
guidelines that I will need to familiarize myself with for a Temporary Outdoor Dining Special Event Permit,
and that my compliance with such is necessary in the interest of safety, health and welfare.
I have fully read, understand and agree to comply with all the rules and regulation on the attached pages
entitled {Initial by each):
State of New Jersey Governor's Executive Order No. 150
State of New Jersey Department of Health Executive Directive No. 20-014 COVID-
19 Protocols for Food or Beverage Establishments Offering Service in Outdoor
Areas Pursuant to Executive Order No. 150
State of New Jersey Division of Alcoholic Beverage
Control SR 2020-10 Special Ruling
Establishing Temporary COVID-19 Permit to Expand Licensed Premises
Town of Secaucus Temporary Outdoor Dining Special Event 2020 Additional Rules
ancl Regulations
I hereby agree to hold the Town of Secaucus and its directors, officers, agents and/or employees
harmless and indemnify them from and against any liability, claims,judgments or expenses that may arise out
of or from the Event detailed above, including but not limited to, injmy, sickness, death or damage to property.
If utilizing the public right-of-way or any other property owned and/or maintained by the Town of
Secaucus, I understand that my use, use by any additional applicants on this form and use by any of my
employees, customers, and guests is at my/our own risk. I hereby agree to expressly assume and accept any
and all risks, whether known or unknown, minor or serious, that may arise out of my or my additional
applicants and guest's use. I/We agree to hold the Town of Secaucus and its directors, officers, agents,
volunteers, staff and/or employees harmless and indemnify them from and against any liability, claims,
judgments or expenses that may arise out of or from my/our activities or presence on the public right-of-way
or any other property owned and/or maintained by the Town but not limited to, injmy, accidents, loss of
property, death, or sickness, whether or not such is caused by negligence of the Town, its directors, officers,
agents, volunteers, staff, volunteers, staff employees or a third party.
3
_ __ I understand that it is my responsibility to keep the Town informed of any changes between the time
of the Application and/during the Event and to request approval for such. This includes, but is not limited to,
changes in contact person, physical setup and operation.
_ _ I understand that permits are valid through September 7, 2020, subject to the discretion of
the
Town. The Town reserves the right to revoke the authorizing resolution at any time for any reason.
__ _ I understand that the Town of Secaucus reserves the right to revoke the temporary permit at any time
for failure to fully comply with any and all of the policies or guidelines, or for any reason in the interest of the
safety, health and welfare of myself, employees, customers, or the general public at its sole discretion.
I understand that I am bound by and shall abide by any applicable federal, state or local laws,
regulations and ordinances. I understand that any changes in the regulations or guidance from state or local
authorities must be followed and changes to or even closure of operation/Temporary Outdoor Dining Special
Event may be mandated.
I have read and completed the above Application, and fully understand and agree to all the terms as set
forth.
Print Name:
Title:
If applicable, entity acting on behalf of:
Dated:
/
To Be Completed by Town of Secaucus Staff:
Date Permit Application Received: _____ ____ __ _ _
Name of Staff Member: _ ______ _ ____ ____ _
Reviews Completed By: __ Zoning Officer
Fire Official
__ Fire Department designee
__ Department of Health designee
__ Police Department designee
__ ABC designee (if applicable)
Permit# Issued: _ _ ________ _ Permit Expiration Date: _________ _
4
TOWN OF SECAUCUS
TEMPORARY OUTDOOR DINING SPECIAL EVENT 2020
ADDITIONAL RULES AND REGULATIONS
In addition to the Governor's Executive Order 150, other standing Governor's Executive
Orders, State of New Jersey Department of Health Executive Directive No. 20-014 and State of New Jersey
Division of Alcoholic Beverage Control SR 2020-10 Special Ruling, the following additional rules and
regulations shall be adhered to:
• Only approved outdoor locations and seating plans shall be utilized. All outdoor dining, tables, chairs
and other equipment/items/decorations must stay within designated, approved area. Any barriers or area
designations erected by the Town shall not be moved by permittee.
• Permittee is fully responsible for providing and setting up and removing all tables , chairs, and other
equipment equipment/items/decorations used during the event.
• Outside dining operations are permitted between 8:00am and 1 0:00pm.
• All outside dining and operations must be cleared by 10:30pm and returned to a neat, orderly and clean
condition. Permittee shall sweep and wash down the outside area daily.
• Permittee shall clear all tables, chairs and other equipment/items/decorations from the outdoor dining
location overnight and during non-business hours. Permittee shall bring indoors or lock all tables, chairs
and other equipment/items/decorations in a secured location when not in use.
• All garbage and recyclables must be cleaned up and placed in proper containers supplied by Permittee.
• No preparation of food or beverages shall take place outdoors.
• Permittee shall keep all outdoor areas in a clean and sanitary condition at all times in accordance with
all current sanitation requirements.
• Pennittee shall ensure all egress and access aisles remain clear at all times of operation to/from the
outdoor dining area.
• Pedestrian sidewalks must remain accessible and in compliance with ADA requirements.
• Permittee shall be mindful of the surrounding area and neighbors. The Town's Ordinance pe1taining to
Noise, Chapter 93, must be adhered to.
• Occupancy must be monitored and maximum capacity not exceeded. No other persons, other than those
being served or staff, shall be within the outdoor dining area.
• A contact person/manager must be available on-site during hours of operation .
Stay safe. Let's make outdoor dining in Secaucus a success!
5
EXECUTIVE ORDER NO, 150
WHEREAS, in light of the dangers posed by Coronavirus disease
2019 ("COVID-19"), I issued Executive Order No. 103 on
March 9, 2020, the facts and circumstances of which are adopted by
reference herein, which declared both a Public Health Emergency
and State of Emergency; and
WHEREAS, through Executive Order Nos. 119 and 130 (2020),
issued on April 7, 2020, and
May 6, 2020, respec~ively, the facts
and cir cumstances of which are adopted by
i;eference herein, I
declared that the COVID-19 Public Health Emergency continued to
exist and declared that all Executive Orders and Administrative
Orders adopted in whole or in part in response to· the COVID-19
Public Health Emergency remained in fu l l force and effect; and
WHEREAS, in accordance Nith N,J,S,A , App, A:9-34 and - 51, I
reserve the right to utiliz e and employ all available resources of
State government to protect against the emergency created by
COVID-19; and
WHEREAS, as COVID-19 continued to
spread across New Jersey
·and an increasing numbe·r of indi victuals required medi cal care or
hospitali zat ion, I issued a series of Executive Orders
p~rsuant to
my authority under the New Jerse y Civilian Defense and Disaste r
Control Act and th e Emerg e ncy Health
PoNers Act, to pr otec~ the
public health, safety, and welfare against the emergency created
by COVID-19, including Executive Order Nos , 104-133 , Nos. 135-138,
and Nos.
140-149 (2020), the facts and circumstances of which are
all adopted by referenc e herein; and
WHEREAS, on March 16, 2020, I signed Executive Order No. 104,
which limited all restau r an t s, dining establishments, and food
court s ,
wit .h or without a liquor license, all bars, and all other
holders of a liquor licen se with retail consumption privileges, to
2
offering food delivery and/or take-out services only, meaning that
they could not allow
the on-premises consumption of foo d or
beverages) and
WHEREAS, on March 21, 2020, I signed Executive Order No, 107,
which superseded Executive Order No, 104 ( 2020
l in full but
(
continued the prohibition of on-premises consumption of food or
beverages; and
WHEREAS, given the decrease in the rate of reported new cases
of COVID-19 in
New Jersey, in the total number of individuals being
admitted to hospitals for COVID-19, and in the rate of reproduction
for COVID-19 inf ections in
New Jersey, the State can begin to take
certain steps to lift certain restrictions that were designed to
limit person-to-person contact; and
WHEREAS, even
as the rate of reported new cases of COVID-19
decreases, the ongoing risks presented by COVID-19 mean that many
of the State'
a current measures must remain in place, both to
reduce additional new infections and to save lives; and
WHEREAS,
after consultation with officials from the
Department of Health ("DOH"),
I announced a multi-stage
New Jersey's Road Back Plan ("Plan") for the methodical and
strategic reopening of businesses and activities bas ed on
scientific
data and metr i ps concerning the level of disease
transmission risk and essential classification; and
WHEREAS, the State is implementing its reopening process and
has . begun to relax restrictions on certain businesses, including
the authorization of curbside pi_ckup at retail establishme nts, the
resumption of non-essential construction, and the allowance of a
number of lower-risk outdoor activities; and
3
WHEREAS, consistent with this Plan, I have issued a number of
Executive Orders, including Executive
Order Nos. 133, 142, 143,
146, and 147 (2020), which authorized the openings of parks,
beaches, lakefronts, and several outdoor recreational facilities
and activities, with social distancing, cleaning, sanitizing, ·and
hygiene practices in place, given repeated observations from
public health experts, including but not limited to the Centers
for Disease Control and_ Prevention ("CDC"), that outdoor
envir9runents present reduced risks of COVID-19 transmission as
compared to indoor environments; and
WHEREAS, consistent with this Plan, I issued Executive Order
No.
140 (2020), which allowed additional numbers of individuals to
gather outdoors, consistent
with the same repeated observations
from public health experts, and Executive Order No, 149 (2020),
which authorized the gradual restart of ordinary child care
services, certain youth sporting activities, and summer camps,
with social distancing requirements; and
WHEREAS, consistent with this Plan, non-essential retail
businesses can begin to open their brick-and-mortar premises to
the public, but should be held to the same minimum requirements
t hat have applied to essential retail businesses since Executive
Order No. 122 (2020) was signed in _early April; and
WHEREAS, given the reduced
risks of COVID-19 transmission ·
outdoors, the
Stat E_l can begin to allow restaurants, bars, and . other
food or .beverage estab.lishments to provide in-person service at
areas designate d for food and/or beverage consumption
("outdoor dining") in accordance with CDC and DOH safeguards, but
indoo r dining still _poses a higher risk of transmission at this
time than outdoor dining; and
4
WHEREAS, indoor dining also entails a higher risk than indoor
retail operations, as indoor dining typically involves individuals
sitting together in one location for a prolonged period of time,
while . in indoor retail settings, individuals neither congregate in
large groups nor remain in close proximity for extended periods
and so the risk of COVID-19 spread is reduced; and
WHEREAS, to limit the spread of COVID-19 and thus to protect
public health, establishments can only open to the public
to offer
outdoor dining where such food and/or beverage consumption is
conducted in a
way that ensures groups of individuals will be
appropriately spaced apart, and there must be strict limits in
place governing when individuals may enter the premises; and
WHEREAS, to limit the spread of COVID-19 and thus to protect
public health, establishments can only open to the public to offer
outdoor dining where such food and/or beverage consumption is
conducted in a way that ensures critical Statewide he alth standards
are met,
which are being issued simultaneously by DOH; and
WHEREAS, because this Order establishes options for outdoor
food and/or beverage consumption that accommodate the lack of
indoo r dining options as a result of
COVID719, indi viduals must
have access to the same smoke-free opt ion s that they would have
had under State
law at the indoor premises of a food or beverage
establishment , and which
will continue to ensure that individuals
can access in-person dining options without exposure to
second-hand smoke during the Public Health Emergency; and
WHEREAS, many restaurants or bars will not have sufficient
outdoor space to serve their patrons, and thus may seek to use
additional space for outdoor food and/or beverage consumption,
5
including other areas of their property, such as parking lots, and
shared spaces, such as sidewalks, streets, and parks;
and
WHEREAS, municipalities are in the best position to make
decisions on allowing restaurants or bars to expand their service
footprint on their property and potentially into shared spaces in
a
,~ay that comports with public safety; and
WHEREAS, if municipalities choose to make shared spaces
available to restaurants or bars, it is incumbent upon them to
distribute these spaces equitably among restaurants or bars who
may feasibly seek to use them; and
WHEREAS, the Constitution and statutes of
the State of
New Jersey, particularly the provisions of N.J,S,A, 26:13-1
et seq,, N.J.S.A. App. A: 9-33 et seq., N,J,S.A. 38A:3-6.1
1
and
N.J.S.A, 38A:2-4 and all amendments and supplements thereto,
confer upon the Governor of the State of New Jersey certain
emergency powers, which I have invoked/ -
NOW, THEREFORE, I, PHILIP D. MORPHY, Governor of the State of
New Jersey, by virtue of the authority vested in me by · the
Constitution and by the Statutes of this State, do hereby ORDER
and DIRECT:
1. Effective at 6:00 a.m. on Monday, June 15, 2020,
restaurants, . cafeterias, dining establishments, and food courts,
with or without a liquor license, bars, and all other holders of
a liquor license with retail consumption privileges, collectively
referred to as "food or beverage establishments," are permitted to
offer in-person service at outdoor areas, provided that the
establishment complies with the following requirements:
6
a. Ensure all areas designated for food and/or
. beverage consumption are in conformance with
applicable local, State, and Federal regulations;
b, Limit capacity to a number that ensures all patrons
can remain
six feet apart from all other patrons at
all times, except for those patrons with whom they
are sharing a table;
c, Satisfy all standards issued by DOH pursuant to
Paragraph 3 of this Order;
d, Ensure that tables sea ting indi victual groups are
six feet apart in all directions and that
individual seats in any shared area that is not
reserved for individual groups, such as an outdoor
bar area, are also six feet apart in all directions;
e, Prohibit patrons from entering the indoor premises
of the food or beverage establishment,
except to
walk through such premises when entering or exiting
the food or beverage establishment in order
to
acc ess the outdoor a_rea, or to use the restroom;
f. Require patrons to wear a face covering while
inside the
fndoor premises of the f~od or beverage
establishment, unless the patron has a medical
reason for not doing so or is a child under
two
years of age; and
g. Prohibit smoking
in any outdoor areas designated
for the consumption of food and/or beverages. The
requirement that food or beverage establishments
impose this prohibition shall automatically sunset
7
once food or beverage establishments are permitted
to offer in-person service in indoor areas.
2. Nothing in this Order shall prevent a food or beverage
establishment that offers take-out options from allowing an
individual who is seeking take-out rather than table service to
enter the indoor premises of the establishment to place an order,
make payment, and pick up food or beverages, including in
situations
where a food or beverage establishment makes outdoor
areas without table service available. As noted in Paragraph 1 (f),
such individuals shall wear a face covering while inside the indoor
premises of the food or beverage establishment, unless the
individual has a medical reason for not doing so or is a child
under two years of age.
3. The Commissioner of the DOH is directed, consistent with
her authority under the Emergency Health Powers Act, to issue
health and safety standards for use by food or beverage
establishments in order to serve patrons consistent with this
Order.
4. Picnic Areas and Pavilions may be open to the public.
Picnic Areas and Pavilions shall be
open to the public at all State
Parks and Forests,
5. Municipalities are permitted to use their existing
authority to allow food or beverage establishments to expand their
footprint to outdoor areas, both within their property and among
municipally-governed areas, including but not limited to
sidewalks, streets, or parks ,
Any additional density and social
distancing requirements imposed by municipalities on food or
beverage establishments offering in-person service at outdoor
areas are not inconsistent with
Executive Order No. 108 (2020),
0
If a municipality seeks to close off a roadway for which it would
need cou nty or State approval, it still must obtain that approval.
6, Municipalities that make outdoor shared spaces such as
sidewalks, streets, or parks, available for use
by food or beverage
establishments should equitably divide these spaces among food or
beverage establishments that can feasibly use it.
7, Paragraph 8 of Executive Order No. 107 (2020 ) , Paragraph
2 of Executive Order No, 133 (2020), Paragraph 2 of Executive Order
No. 143 (2020), Paragraph 2 of Executive Order No, 147 (2020), and
Paragraph 10 of Executive
Orqer No, 148 (2020) are superseded to
the extent inconsistent with this Order ,
0, Effective at 6:00 a.m. on Monday, June 15, 2020, the
brick-and-mortar premises of non-essential retail businesses that
were 'c losed to the public by
Ex~cutive Order No. 107 (2020) can
reopen to the public , provided that such businesses adopt policies
that i nclude, at min imum, the requirem ents that were applied to
essential retai l businesses in Paragraph 1 of Executive order No,
122 (2020),
9. It shall be the .duty of every person or entity in this
State or
doing bus in ess in th is State and of the members of the
governing body and every official , employee, or agent of · every
political subdivision in this State and of each member of all
o~her
governmental
bodie s , agencies, and authorities in this State of
any na t ure whatsoever , to cooperate fully in all matters concerning
t his Order.
10, Penalties for violations of this Order may be imposed
under, among other statutes, N.J.S,A. App. A: 9- 49 and -50.
9
11, The State Director of Emergency Management, who is the
Superintendent of State Police, shall have
the discretion to make
additions, amendments, clarifications, exceptions and exclusions
to the terms of this Order.
12, No municipality, county, or any other agency or
political subdivision of this State shall enact or enforce any
order, rule , regulation, ordinance, or resolution which will or
might in any
way conflict with any of the provisions of Executive
Order No, 150 (2020), or which will or might in any
way interfere
with or
imper:fe its achievement.
13, This Order shall take effect immediately,
[seal]
Attest:
/s/ Matthew
J, Platkin
GIVEN, under my hand and seal this
· 3rd day of June,
Two Thousand and Twenty, and
of the Independence of the
United States, the Two
Hundred and Forty-Fourth .
/s/ Philip D. Murphy
Governor
Chief counsel to the Governor
PHILIP D. MURPHY
Governor
SHEILA Y, OLIVER
LI. Governor
•
~ht~ .of
~
.efu· 3'Jei-seu
DEPARTMENT OF HEAL TH
PO BOX380
TRENTON, N.J. 08625-0360
www.nj.gov/henlth
EXECUTIVE DIRECTIVE NO. 20~014
JUDITH M. PeRSICHILLI, RN, BSN, MA
Oommlss/oner
COVID-19 PROTOCOLS FOR FOOO OR BEVERAGE ESTABLISHMENTS
OFFERING S.ERVICE IN OUTDOOR AREAS PURSUANT TO EXECUTIVE
ORDER NO. 160
WHEREAS, according to the Centers for Disease Gontrol and Prevention (CDC),
Coronavlrus disease 2019 (COVID-19) Is a respiratory Illness oaused by a virus called
SARS-CoV-2; and
WHEREAS, COVID-19 Is thought to spread mainly through close
contaQt from person to
person through respiratory droplets produced when
an Infected person coughs, sneez~s
or talks; and
WHEREAS, because COVID-19 is also known to spread by people who do not show
any symptoms, It is crucial that
all retail establlshmentt, follow-good personal hygiene
practices and take necessary steps to promote a healthy work environment to
assist in
lowering the further spread of COVID-19; and ·
WHEREAS, to promote healthy hygiene practices and healthy environment; at
minimum, employers should provide training in
handw~shlng, cleaning/disinfection,
social distancing, use of face coverings, and monitoring for signs and symptoms of
COVID-19 In the workplace; and
·
WHERE;AS,
If there Is a confirmed case of COVID~19 among employees, food or
beverage establlshments should
lmmediat~ly notify and cooperate with their local public
health departments on next
steps, while maintaining confidentiality: and
WHEREAS, on June 3, 2020, Governor Murphy, n:,ovlng the state forward Into phase
'Stage 2', Issued Executive Order No. 150 (2020), allowing service by food or beverage
. establishments at outdoor areas; and
WHERl=AS, on March 9, 2020, Governor Murphy Issued l=xeoutlve Order 103, declaring
the existence of a Public Health Emergency, pursuant to the Emergency Health_ Powers
Aot, N.J.S,A.
26:13-1 et seq., and a State of Emergency, pursuant to the Disaster
Control Act, N.J.S.A. App
A:9-33 et seq;, in the State of New Jersey for COVID-19.: and
I
WHEREAS, the p·ublic Health Emergency was extended by Governor Murphy under
Executive Orders 119 and 138; and . ·
WHEREAS, under the de.clared Public Health Emergency, the Commlss1oner c;,f the
Department ofHealth Is empowered, pursuant to N.J.S.A, 26:13-12, to take all
reas.~mable and necessary me~sures to prevent the transmission of Infectious disease
and apply proper controls for Infectious dls(:3ase; and
NOW, THEREFORE, I, JUDITH PERSICHILLI, Commissioner offhe Department of
Health, pursuant to the powers afforded to me
under the Emergency Health Powers Act,
hereby
ORDER and DIRECT-the following:
1. Food or beverage establishments offering service at outdoor areas pursuant to
Executive Order No. 1.50 (2020) must adhere to the protocols listed below:
a. Obtain all required municipal approvals and permits before offering food
and/or beverage consumption at outdoor are~s;
b. Post signage at the entrance that states that no one with a fever or·
symptoms of COVID-19 should enter the food or bev&rage establishment:
c, Limit seating to a maxfmum of eight (8) customers per table and arrange
seating to achieve a minimum distance of ~Ix feet (6 ft) between parties;
d. ·Rope off or-otherwi•se mark tables, chairs and bar stools that are not to be
used;
e. Demarcate 6 feet of spacing In patron waiting areas;
f. Provide physical guides, such as tape on floors, sidewalks, and signage
on w~lls to ensure that customers remain at least 6 ft apart in line for the·
restroom or waiting for ~eating;
g. Eliminate self-service food or drink options such as buffets, salad bars,
and self.,_service drink stations;
h. Disinfect all tables, chairs and any other shared Items (menus.,
condiments, pens) after ·each use; .
i. Install physical barriers a11d partitions. at oash reg_lsters, bars, host st~nds
and other area where ma]ntafnlng physical distance of 6 ft Is difficult;
J. Ensure 6 ft of physical distancing between workers and Qustomers, except
at the moment of payment and/or when employees are servicing the table;
k. Require Infection control practices, such ~s regulat liandwashlng,
coughing a"t1d sneezing etiquette, and proper tissue ·usag~ and disposal;
I. Require frequent sanitization of hlgh"touch areas llke credit catd
machines, keypads, and
counters to which the public and workers hav~
access;
m. Plaoe conspicuous slgna9e at entrance a.tarting staff and customers to the
required 6 ft of physical distance; and
n. Require all food or bev~rage establishments to hava ·an inclement weather
policy that, If triggered, would require the food or beverage establishment
2
to adhere to Executive Order No. 125 (2020) and offer takeout or delivery
service only.
2. Food or
beverage establlshmehts offering service at outdoor areas pursuant to
Executive Order
No·. 150 (20'20) must impose the following requirements. on
employees:
a. Require employees to wash and/or sanitize their hands when entering the
food or beverage establishment;
b. Conduct dally health checks
(e.g. temperature screening and/or symptom
checking) of employees safely and respeotfully
1
and In accordance with
any applicable privacy laws and
reg·ulations;
c. Require employees with symptoms of COVID~19 ((ever, cough, or
shortness of breath)
be sent home;
d. Require
all employees to wear fac~ covering$, except where doing so
would Inhibit the Individual's health, and require employees to
w~ar gloves
when
lr.t contact with customers and wh~n handing prepared foods or
serving food, utensils, and other items. to customers;
e. Provide
all employee.a with face coverings and gloves;
f. Provide employee.s break time for repeated handwashing throughout the
workd~y; and
g. Provide sanitization materials, such as hand sanltl.zer arid sanitizing wipes
to staff.
a. Food or beverage establishments offering service at outside areas pursuant to
Executive Order No.
150 (2020) must. Institute the following p·ollcles with respect
to customers:
a. Inform customers that safety measures-such as social distancing, wearing
face
cove.rln~s when they are away from their fable -and unable to social
distance or
when they are Inside the indoor portion of the premises of the
food or beven:lge establishment (unle·ss the customer has a medical
reason for not doing so or
Is a chlld under two years of age), and hygiene.
practices must be adhered to while In the food
or beverage estaljllshrnent;
b. Encourage reservations for greater control of customer traffic/volume;
c. Require customers to provide a phone number If making E\ reservation to
facilitate contact trac!ng;
d. Recommend customers wait In their cars or away from the food or
beverage
est~blishment Whtie waiting for a table if outdo.or wait area
cannot accommodate social distancing;
e. Alert cus.tomers via
calls/te~ts to limit touching and use of shared objects
such as
pagers/bl,!zzers;
f. Encour~ge the u.se of digit~! menus;
g. Decline entry to the indoor portion of the establishment to a customer who
Is not
we~rlng a face covering, unless the· customer has a medical reasotl
for not doing so or Is a ch\ld under two years of age; and
3
h. Provide a hand sanitizer station for customers.
This Directive shall take effect Immediately. The provisions of this Directive shall rernain
in force and effect for the duration of the put:>llo health emergency originally declared In
Executive Order No, 103 (2020), and
as extended by Execullve Order, unless otherwise
modified, supplemented and/or rescinded.
(
dlth Perslchilli, R.N., B.S,N., M,A.
Commissioner
Date'· 7
NJ OEPARTMENT OF HEALTH
PUBLIC HEAL TH AND FOOD PROTECTION PROGRAM
https://www.ni.gov/health/ceohs/food-drug~safety/
Resources available from US Food & Drug Administration, Center for Olseaae
Control and Prevention and EPA.
FDA Best practices for Re-opening Retail Food Establishments Durl~g the COVID-19
pandemic checklist
FDA Food Safety and COVID-19 Questions and Answers for Industry: Food Supply
Chain: Social Distancing, Disinfecting & Other Precautions: Workers Testing Posjtlve
CDC Implementing Safety Practices
tor Crltloal Infrastructure Workers Who May Have
Had Exposure to a person with Suspected or Confirmed COVID-19
CDC
Interim Guidance Resuming Operations for Restaurants and Bars
CDC Considerations for Restaurants and Bars.
List of EPA registered suctace disinfectants for use ~galnst COVID-19
4
I
• I
•·
STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
IN THE MATIER OF THE EXPANSION
OF CERTAIN LICENSED PREMISES
TO ACCOMMODATE SOCIAL DISTANCING
REQUIREMENTS DUE TO THE COVID-19
PANDEMIC
BY THE ACTING DIRECTOR:
")
) SR 2020-10
) SPECIAL RULING ESTABLISHING
) TEMPORARY COVID 19 PERMIT TO
) EXPAND LICENSED PREMISES
)
By Executive Ol'der No. 150 (2020), Governo1· Murphy announced that, given the reduced
transmission
of COVID-19 outdoors, licensees or pe1mittees with on-premises retail consumption
privileges would be permitted to reopen
thek establishments and serve patrons in outdoor areas.
To facilitate this reopening, which is to become effective on June 15, 2020, the
Dit-ector of the
Division of Alcoholic
Bevemge Control (the "Division
11
)
has determined it necessary to create a
temporary permit, known as _the COVID-19 Expansion of Premises Pe1mit ("COVID-19
Expansion Permit"), to enable licensees and permittees to expand
thek licensed premises into
outdoor areas, either contiguous
or non-contiguous to thek permanently licensed premises. This
Specinl Ruling will establish which licensees are eligible for the permit, the application process,
nnd the privileges and limitations of the permit. Licensees may apply immediately through the
POSSE ABC Online
Licensit1g ~ystem ("POSSE"), but no pem1it that is issued shall be effective
beforn June 15, 2020. All licensees and permltte·es with on-premises retail consumption privileges
are eligible to apply for this permit, and if they meet the cl'itel'ia set forth herein, the Division will
issue
a permit.
The Director of the Division has broad
authol'ity to regulate the alcoholic beverage industry
and receives heightened
defernnce from the courts to allow for the exercise of the Dkector's
discretion in the "delicate arenu of alcohol regulntion. Circus Liquors. Inc. v. Middletown. 199
N.J. 1, 12-13 (2009). The
Director is authorized to provide fo1· contingencies "where it would be
appropriate and consonant with the spirit of ,this chapter to issue a license but the contingency has
not been expressly
prnvided for," and the Director may, for special cause shown, issue temporary
permits. N.J.S.A. 33:1-74. It is under this authority that the
Dfrector is authorizing creation of a
COVID-19 Expansion Permit.
I. New Permit.
The COVID-19 Expansion Permit will allow licensees to expand their premises onto areas
adjacent to or contiguous with the licensed premises,
where they may provide for _the sale and
service of alcoholic
bevel'ages as on the primary licensed premises, The Dil'ector may also permit
a licensee to expand its premises onto non-contiguous property, provided the property is in
reasonable proximity to the licensed premise and the licensee has safeguards in place to ensure
that alcoholic beverages will be sold and served in a
manne1· that pmtects public health, safety and
welfare. In both contiguous and non-contiguou_s expansions, the licensee must
demonstrate that it
· has a possessory intere.st and control over those areas, and that it will exercise the same pl'ivileges
afforded·
to it on its existing licensed premises. Speciflc_ally, licensees that offer food service on
thek licensed premises must offer bona fide food service on the expanded premises. This permit
would
a_lso allow Class A manufactmers, such as plenal'y and farm wineries, limited breweries,
crnft distilleries and cideries and meaderies, to expand theh-licensed tasting rooms into outdoor
·areas, but would not otherwise expand thell' existing privileges.
Examples of permissible expansion areas include, but 111·e not limited to: decks, patios,
sidewalks, and parking lots
adj11cent to or contiguous with the licensed premises, or parks,
"parklets'' established
by a municipality, and othe1· publi~ dghts-of-way, as long 11s these areas are
2
accessible from the licensed premises and comply with all provisions of the Governor's Executive
Ol'ders and Administrntive Orders concerning public health and social distancing requirements.
A COVID-19 Expansion Permit would not be
requil'ed if a licensee sells a cocktail-to-go,
as autho1·ized by P.L. 2020, c,
33, to a patt'on who consumes it off of the licensed premises (e.g.,
on
a public roadway closed off to trnffic, sidewalk, park 01· beach) in accordance with local laws.
Off-premises consumption of alcoholic beverages in public
al'eas is within the jul'isdiction of each
municipality. See N.J.S.A. 40:48-1.
II.
Eligible Licensees and Permittees.
The following licensees 01· permittees with on-pl'emises retail consumption privileges may
apply
for the COVID-19 Expansion Permit:
1. Plenary Retail Consumption licensees ("33");
2. Plenary Retail Consumption licensees with the
"brnad package privilege" operating
prlmal'ily as a bar/restaurnnt ("32");
3. Seasonal Retail Consumption licensees ("34");
4. Plenary Retail Consumption licensees
operating undet· the Hotel/Motel exception
("36");
5. State Concessionaire permittees (" 14");
6. Golf Facility permittees
("40");
7. Club licensees ("31 ");
8, Limited Brewery licensees ("11");
9. Restricted Brewery licensees ("08")
10. Plena1·y Winery licensees ("21 ");
11. Fann Winery licensees ("22");
12. Cidery and Meadery licensees ("02"); and
13. Craft
Distillel'y licensees ("07").
Holders of Tempornry Auth9rization Pet'lnits ("!AP"), with on-premises 1·etail consumption
privileges,
are also eligible to apply. However, licensees that do not have on-premises retail
consumption privileges are not eligible to apply
for the COVID-19 Expansion Permit. As noted
above, applications must be submitted exclusively
thrnugh POSSE.
3
III. Application Reguh·ements.
The application for the COVJD-19 Expansion Permit will require the applicant to provide,
at a minimum, the following information:
I. Name, address and license number of the applicant;
2, A
description of the property that is the subject of the application (as well as a sketch
or photogrnphs of the prnperty);
3, Written approval or documentation from the property owner authorizing the tempomry
use of the expanded property by a licensee;
4. Proposed
secul'ity plan for sale and se1·vice of alcoholic beverages on the expanded
premises including prevention of pass-offs, -underage
dl'inking, and over-consumption;
and
·
5. Acknowledgement by the licensee that it has 1·eviewed all applicable local and State
safety and social distancing guidelines, including Executive Order No. 150 (2020)
and
the COVJD-19 Outdoor Dining Guidelines for Retail Food Establishments, and will ·
operate the proposed expanded premises in accordance with those guidelines or any
that may be promulgated
during the term of the permit.
The fee
for the COVID-19 Expansion Permit will be $75.00, in accordance with N.J.A.C.
13:2-5.5. The COVID-19 Expansion Permit will be effective as of the
dote of Issuance by the
Division, but not before June
15, 2020, and the term will run until November 30, 2020, which
coincides with the month in which seasonal 1·etail consumption licenses.
expire and the possibility
of appropriate seasonal weathe1· conditions. The expiration date of the COVID-19 Expansion
Permit
may be extended by the Dfrecto1· in a supplementm·y Special Ruling should cil'cumstances
warrant.
IV. Review Procedure.
Upon submission of a complete COVID-19 Expansion Permit application in POSSE and
payment of the permit fee,
the application will be transmitted to the municipal clerk and police
chief (or designee) of the locality where the license is issued, whether the license is municipally-
issued
01· State-issued. For licensed premises located on property owned by m· under the control of
any political subdivision of the State of New Jersey, the application will be
reviewed and a pp.roved
4
by a designated administrative official and the chief law enforcement officer (or designee)
responsible
fot· the licensed property. The Division will not take action on any application until it
receives an endorsement
ot· approval by the appropriate governing body officials. For
municipalities that do not consider permit applications on
thek regulal'ly scheduled business
meetings, municipalities may considet· posting notices of applications received on their website.
Again, all eligible licensees and permittees with on-premises retail consumption privileges, as
described above, may apply for this permit, and if they meet the criteria set forth heJein, the
Division will
grnnt their application.
The Division will issue the CQVID-19 Expansion Permit through POSSE. The Division
may impose special conditions on the permit if it determines that they
are necessary and propel' to
accomplish the
pUl'poses of Title 33, including the protection of public health, safety and welfare.
See N.J.S.A. 33:1-32. The Division will seek to
ensure that municipal concerns regarding homs,
proximity to neighbors, strnctures, and other issues of lqcal concern are appropriately addressed
In the COVID-19 Expansion Permit. It is the responsibility of the licensee to comply with local
ordinances and site plan requirements.
A licensee who receives a COVID-19 Expansion Permit may exercise only those
privileges authorized by the licensee's existing license and shall comply with all provisions of
Title 33 and the implementing regulations. Violations of these provisions, as well as the terms and
conditions of the COVID-19 Expansion Permit, may be grounds
for suspension 01· revocation of
the license,
as though the violation occurred on the licensed premises.
Dated: June 03, 2020
JAMES B. GRAZIANO
ACTING DIRECTOR
5
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TOWN OF SECAUCUS TEMPORARY OUTDOOR DINING SPECIAL EVENT (Town of Secaucus, New Jersey)

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Completed 18 July 2020

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