With just two days remaining in the two-year legislative session in Trenton, New Jersey lawmakers and the Governor’s Office are reportedly drafting compromise legislation for speedy passage tomorrow and Monday, which Governor Murphy is expected to sign into law in a matter of days. While the contents of the draft bill fall far short of the Murphy Administration’s proposed sweeping overhaul of the state’s alcoholic beverage laws, the revisions appear to be significant. NJ Advance Media has previewed the legislation and is reporting that it would:
Continue Reading NJ Legislature Poised to Revise Restaurant/Brewery Liquor Licensing Laws with Two Days Left in Session

Op-ed as seen on: ROI-NJ.com
By: George Jacobs and Ted Zangari

High on the list of antiquated regulations that are stifling competitiveness in New Jersey are those governing restaurant liquor licensing. So, kudos to Gov. Phil Murphy for being the first governor in modern state history to openly call for the overhaul of a system that for decades has prevented many restaurants from offering their customers the convenience of an adult beverage. The Murphy administration’s plan is to make restaurant liquor licenses less expensive and more readily available. Both are laudable goals, but the governor’s initiative has encountered resistance from an array of special interests, and legislators are now focusing more narrowly on the issue.Continue Reading Liquor License Issue Is 2-Part Problem: Here’s 2-Part Solution

It’s true: COVID-19 has breathed new life into parking lots. As Neal Freyman of Morning Brew has observed:

• Churches, synagogues, and other places of worship have been holding radio broadcasted services in their parking lots.
• DJs in Germany have been hosting drive-in raves in parking lots.
• With libraries, schools, and coffee shops closed, parking lots have become a “digital lifeline” for many Americans needing to access wi-fi.

Continue Reading The Revenge of the Parking Lot

I salute property owner, client and friend George Jacobs for his candor about the mess in which shopping center owners, managers, retailers and lenders find themselves. My thoughts about the shopping center landlord-tenant relationship in the midst of this pandemic can be found here.Continue Reading Landlords Brace for Fallout, Search for Solutions With Retailers Battered by COVID-19 Shutdown

As malls and shopping centers re-open, a second default scenario looms behind the tenant’s failure to pay rent: its failure to “continuously operate” as required in many store leases. Just as JC Penney is fighting to keep Sephora’s store-in-store concept operating (see linked article), landlords can be expected to likewise enforce their rights to prevent the domino effect of impermissible store closings by some tenants triggering the go-dark rights of still more tenants. Courts around the country are divided on the enforcement of continuous operations provisions in leases; this will get interesting.Continue Reading JC Penney Goes to Court to Try to Stop Sephora from Pulling Out of the Troubled Chain’s Stores

Curbside pick-up lanes and “to-go” parking spaces—already trending in shopping centers before the pandemic—have become essential features of retail stores in the wake of COVID-19 and are likely to become permanent fixtures in shopping centers. Likewise, drive-throughs and walk-up or vestibule kiosks will no longer be limited to banks and pharmacies, as retailers of every type seek to adapt to the new public health normal and avoid risks and exposures to employees and customers alike. How does this sudden shift in shopping center design and layout square with existing zoning laws and municipal codes around the Garden State?Continue Reading Re-Imagining the Shopping Center Post-COVID: Zoning Changes Needed to Accommodate Store Features No Longer Deemed Convenience Amenities

Download Rent Obligations on Retail Space in the Midst of a Pandemic A Path Forward for Landlords and Tenants

Retailers are reportedly creating “dark stores” within their retail premises for use as fulfillment centers—raising a host of interesting questions:  At what point does such activity become a warehouse/distribution use that’s in conflict within local zoning ordinances?  Does such activity violate one or more of the prohibited use (“dirty dozen”) restrictions typically found in shopping center leases?  Will delivery trucks and vans stress the parking lot and internal roadways?  If such activity extends beyond normal shopping center hours, who pays for lighting, security, etc.?  If the tenant has agreed to pay percentage rent to its landlord based on sales made in the store, should goods delivered from the premises be included in sales?Continue Reading Why Supermarkets Are Building ‘Dark Stores’