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New Jersey Continues To Reopen As Restrictions Eased For Food And Beverage Establishments And Non-Essential Retail Businesses

6.5.20

New Jersey Governor Phil Murphy just issued an executive order lifting some of the existing restrictions that were designated to limit person-to-person contact for the food, beverage, and retail sectors. Specifically, the order permits the provision of in-person, outdoor service at areas designated for food and/or beverage consumption and permits brick-and-mortar premises of non-essential retail businesses to reopen, subject to certain conditions. The order will go into effect at 6:00 A.M. on Monday, June 15. What do employers need to know?

Requirements For Food And Beverage Establishments Offering In-Person, Outdoor Service

Under the new order, food and beverage establishments (such as 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) may offer in-person service at outdoor areas (previously disallowed under the governor’s March 21 Order) if they comply with the following requirements:

The Order permits customers seeking take-out (rather than table service) to enter the indoor premises to place an order, make payment, and pick up food or beverages.

Shared Outdoor Spaces

Municipalities can use their authority to allow food and beverage establishments to expand their footprint to outdoor areas, both within their property and among municipally governed areas, such as sidewalks, streets, and parks. Municipalities are instructed to equitably divide such outdoor shared spaces among establishments that can feasibly use them.

Non-Essential Retail Businesses

Also under the new order, brick-and-mortar premises of non-essential retail businesses closed to the public under the governor’s March 21 Order can reopen provided they adopt policies that include, at a minimum, the requirements applied to essential retail businesses in the governor’s March 8 Order:

Conclusion

Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, any attorney in our New Jersey office, or any member of our Post-Pandemic Strategy Group Roster. You can also review our FP BEYOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers and our FP Resource Center For Employers.


This Legal Alert provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

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