New Jersey Eases COVID-19 Capacity Restrictions for Some Businesses

On February 3, 2021, Governor Murphy of New Jersey signed Executive Order No. 219, which eases COVID-19 related restrictions on certain businesses. The changes became effective at 8 a.m. on February 5, 2021.

Under prior Executive Orders, the following businesses and activities were limited to 25% capacity:

• Food or beverage establishments, including restaurants, bars, cafeterias, and food courts;

• Entertainment and recreational businesses, including movie theaters, casinos and gyms;

• Personal care services, including barber shops and nail salons;

• Religious ceremonies or services;

• Political activities;

• Weddings;

• Funerals; and

• Memorial services.

Executive Order No. 219, increases the capacity for the above businesses to 35% of the maximum stated capacity for such businesses. For movie theaters, religious ceremonies or services, political activities, weddings, funerals, or memorial services, the maximum capacity is 35% up to 150 people.

The new Executive Order also rescinds the prior 10 p.m. curfew for restaurants and bars, but does allow municipalities to impose curfews for in-person dining. Municipalities cannot restrict takeout or delivery hours, however. Accordingly, restaurants and bars in New Jersey should confirm whether the municipalities in which they operate have imposed any curfews that would prevent the expansion of their in-person service hours, before expanding their in-person dining hours.

If you have questions about your business’s COVID-19 obligations, please contact us at (201) 345-5412 or through our online scheduling system to schedule a complimentary consultation.