Proposed Senate Committee Substitute - House Bill 902, Temp Open Clubs & Similar Establishs/Outdoor (Session 2019)

Summary

House Bill 902 of the General Assembly of North Carolina, Session 2019, in the form of a proposed Senate committee substitute, H902-PCS10798-ST-72, with the short title "Temp Open Clubs & Similar Establishs/Outdoor." It is an act to authorize certain existing establishments to offer and operate outdoor beverage service options during the COVID-19 public health emergency. Section 1 covers a private club or private bar, a winery, a brewery and a distillery, which may serve alcohol for on-premises consumption if conditions apply, including existence on March 10, 2020 and outdoor seating limited to fifty percent (50%) of indoor 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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Cite this document

“Proposed Senate Committee Substitute - House Bill 902, Temp Open Clubs & Similar Establishs/Outdoor (Session 2019).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-05-26-pcs-h902-fa2510d52a/, SHA-256 6d537eb82970de3cc68591808be83adf797303188b314bec5788dc5c0fe0bbf8.

Full text

                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                      SESSION 2019
     H                                                                                               D
                                 HOUSE BILL 902
                        Committee Substitute Favorable 4/30/19
            PROPOSED SENATE COMMITTEE SUBSTITUTE H902-PCS10798-ST-72

     Short Title:   Temp Open Clubs & Similar Establishs/Outdoor.                              (Public)
     Sponsors:
     Referred to:
                                              April 22, 2019

 1                                       A BILL TO BE ENTITLED
 2   AN ACT TO AUTHORIZE CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND
 3        OPERATE OUTDOOR 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 (i) private club or
10   private bar as defined by G.S. 18B-1000, (ii) winery permitted pursuant to G.S. 18B-1101 or
11   G.S. 18B-1102, (iii) brewery permitted pursuant to G.S. 18B-1104, or (iv) distillery permitted
12   pursuant to G.S. 18B-1105 may open and serve alcohol for on-premises consumption provided
13   all the following apply:
14                (1)    The establishment was in existence on March 10, 2020, is properly licensed
15                       and permitted, and holds all necessary State and local regulatory permits,
16                       including any necessary ABC permits.
17                (2)    The service is limited to an outdoor seating location and the owner or owners
18                       of that outdoor seating location have granted the establishment permission to
19                       use the location for its service.
20                (3)    The outdoor seating location is on the same parcel or is contiguous to or in
21                       close proximity to the underlying establishment and contains or has access to
22                       lavatory and toilet facilities for employees and customers as required for such
23                       establishments under rules established by the North Carolina Alcoholic
24                       Beverage Control Commission.
25                (4)    The outdoor seating location has delineated vertical boundaries that the
26                       consumer would recognize as indicating the boundaries that physically
27                       separate areas where consumption of alcohol is allowed from areas open to
28                       the general public other than customers of the establishment.
29                (5)    The outdoor service seating capacity is limited to fifty percent (50%) of the
30                       current indoor seating capacity of the establishment, or 100 customers,
31                       whichever is less.
32                (6)    The establishment maintains and enforces the social distancing requirements
33                       recommended by the federal Centers for Disease Control and Prevention and
34                       the North Carolina Department of Health and Human Services.




                              *H902-PCS10798-ST-72*
     General Assembly Of North Carolina                                                   Session 2019
 1              (7)     The establishment complies with all rules and regulations promulgated by the
 2                      Division of Public Health of the North Carolina Department of Health and
 3                      Human Services applicable to outdoor food and drink service.
 4               (8)    The outdoor seating location may include a covered patio or areas covered by
 5                      tents, awnings, tarps, umbrellas, or other similar coverings.
 6               (9)    The outdoor seating location may include areas on a public sidewalk if the
 7                      local government allows through its ordinances or permitting process the use
 8                      of public sidewalks for the service of and consumption of food or drink and
 9                      the establishment obtains any necessary local government approval. Nothing
10                      in this act is intended to require a local government to approve the use of
11                      public sidewalks for the service of and consumption of food or drink.
12               (10) The outdoor seating location may include areas on a public street if the local
13                      government allows through its ordinances or permitting process the use of
14                      public streets during periods of temporary street closure for the service of and
15                      consumption of food or drink and the establishment obtains any necessary
16                      local government approval. Nothing in this act is intended to require a local
17                      government to temporarily close public streets for the service of and
18                      consumption of food or drink or to allow the service of and consumption of
19                      food or drink on public streets during a period of temporary closure.
20               SECTION 2. The outdoor seating area authorized in Section 1 of this act shall not
21   be prohibited by a municipality or county because the outdoor seating area is not a permitted use
22   for operation of food and drink services under zoning ordinances.
23               SECTION 3. This act is effective when it becomes law and expires when the
24   applicable declaration of emergency prohibitions and restrictions are lifted to allow full opening
25   of the establishment for service of food and drink.




     Page 2                                    House Bill 902                  H902-PCS10798-ST-72

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