Proposed Senate Committee Substitute - House Bill 536, Temp Outdoor Restaurants for Outdoor Seating (Session 2019)
Summary
House Bill 536 of the General Assembly of North Carolina, Session 2019, in the form of a proposed Senate committee substitute, H536-PCS30567-ST-71, with the short title "Temp Outdoor Restaurants for Outdoor Seating." The bill is an act to authorize certain existing establishments to offer and operate outdoor dining and beverage service options while safeguarding the public health to prevent the spread of coronavirus disease 2019 (COVID-19). Section 1 lets an establishment open for on-premises consumption if it was in existence on March 10, 2020 and outdoor seating is limited to fifty percent (50%) of indoor seating capacity, or 100 customers, whichever is less. Section 2 bars a municipality or county from prohibiting the outdoor seating area under zoning ordinances.
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“Proposed Senate Committee Substitute - House Bill 536, Temp Outdoor Restaurants for Outdoor Seating (Session 2019).”
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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
H D
HOUSE BILL 536
Committee Substitute Favorable 5/1/19
Committee Substitute #2 Favorable 6/27/19
Committee Substitute #3 Favorable 7/8/19
Fifth Edition Engrossed 7/9/19
PROPOSED SENATE COMMITTEE SUBSTITUTE H536-PCS30567-ST-71
Short Title: Temp Outdoor Restaurants for Outdoor Seating. (Public)
Sponsors:
Referred to:
April 3, 2019
1 A BILL TO BE ENTITLED
2 AN ACT TO AUTHORIZE CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND
3 OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS WHILE ALSO
4 SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF
5 CORONAVIRUS DISEASE 2019 (COVID-19).
6 The General Assembly of North Carolina enacts:
7 SECTION 1. Notwithstanding any declaration of emergency issued under Article
8 1A of Chapter 166A of the General Statutes or any municipal or county ordinance adopted under
9 that Article related to the public health emergency created by COVID-19, any establishment that
10 prepares or serves food or drink, as defined in and regulated under Part 6 of Article 8 of Chapter
11 130A of the General Statutes, may open and operate its food and drink service for on-premises
12 consumption provided all the following apply:
13 (1) The establishment was in existence on March 10, 2020, is properly licensed
14 and permitted, and holds all necessary State and local regulatory permits,
15 including, if applicable, any necessary ABC permits.
16 (2) If the establishment holds ABC permits, the establishment is not any of the
17 following:
18 a. A private club as defined by G.S. 18B-1000.
19 b. A private bar as defined by G.S. 18B-1000.
20 c. A winery permitted pursuant to G.S. 18B-1101 or G.S. 18B-1102.
21 d. A brewery permitted pursuant to G.S. 18B-1104.
22 e. A distillery permitted pursuant to G.S. 18B-1105.
23 (3) The food and drink service operation for on-premises consumption is limited
24 to any authorized indoor seating and to the outdoor seating location. The
25 owner or owners of that outdoor seating location must have granted the
26 establishment permission to use the location for its food and drink service
27 operation.
28 (4) The outdoor food and drink service seating capacity is limited to fifty percent
29 (50%) of the current indoor seating capacity of the establishment, or 100
30 customers, whichever is less.
31 (5) The outdoor seating location is on the same parcel or is contiguous to or in
32 close proximity to the underlying establishment and contains or has access to
*H536-PCS30567-ST-71*
General Assembly Of North Carolina Session 2019
1 lavatory and toilet facilities for employees and customers as required for such
2 establishments under rules established by the North Carolina Department of
3 Health and Human Services.
4 (6) If the establishment holds ABC permits and serves alcohol pursuant to those
5 permits, the outdoor seating location must have delineated vertical boundaries
6 that the consumer would recognize as indicating the boundaries that
7 physically separate areas where consumption of alcohol is allowed from areas
8 open to the general public other than customers of the establishment.
9 (7) The establishment maintains and enforces the social distancing requirements
10 recommended by the federal Centers for Disease Control and Prevention and
11 the North Carolina Department of Health and Human Services.
12 (8) The establishment complies with all rules and regulations promulgated by the
13 Division of Public Health of the North Carolina Department of Health and
14 Human Services applicable to outdoor food and drink service.
15 (9) The outdoor seating location may include a covered patio or areas covered by
16 tents, awnings, tarps, umbrellas, or other similar coverings.
17 (10) The outdoor seating location may include areas on a public sidewalk if the
18 local government allows through its ordinances or permitting process the use
19 of public sidewalks for the service of and consumption of food or drink and
20 the establishment obtains any necessary local government approval. Nothing
21 in this act is intended to require a local government to approve the use of
22 public sidewalks for the service of and consumption of food or drink.
23 (11) The outdoor seating location may include areas on a public street if the local
24 government allows through its ordinances or permitting process the use of
25 public streets during periods of temporary street closure for the service of and
26 consumption of food or drink and the establishment obtains any necessary
27 local government approval. Nothing in this act is intended to require a local
28 government to temporarily close public streets for the service of and
29 consumption of food or drink or to allow the service of and consumption of
30 food or drink on public streets during a period of temporary closure.
31 SECTION 2. The outdoor seating area authorized in Section 1 of this act shall not
32 be prohibited by a municipality or county because the outdoor seating area is not a permitted use
33 for operation of food and drink services under zoning ordinances.
34 SECTION 3. This act is effective when it becomes law and expires when the
35 applicable declaration of emergency prohibitions and restrictions are lifted to allow full opening
36 of the establishment for service of food and drink.
Page 2 House Bill 536 H536-PCS30567-ST-71
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