OPEN AMUSEMENT PARKS/ARCADES/VENUES. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 258 (Public) Filed Monday, March 4, 2019
AN ACT TO AUTHORIZE AMUSEMENT PARKS, GAMING AND BUSINESS ESTABLISHMENTS WITH VIDEO GAMES AND ARCADE GAMES, AND VENUES FOR RECEPTIONS OR PARTIES TO RESUME OPERATIONS.
Intro. by Boles, McNeill.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Jul 8 2020)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ALLOW RURAL CENSUS TRACTS OF TIER THREE COUNTIES TO BE ELIGIBLE FOR UTILITY ACCOUNT FUNDS.

 

Long title change

Senate committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO AUTHORIZE AMUSEMENT PARKS, GAMING AND BUSINESS ESTABLISHMENTS WITH VIDEO GAMES AND ARCADE GAMES, AND VENUES FOR RECEPTIONS OR PARTIES TO RESUME OPERATIONS.

Bill History:

H 258

Bill Summaries:

  • Summary date: Jul 2 2020 - More information

    The Governor vetoed the act on 07/02/20. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2019/8622/0/H258-BD-NBC-8609


  • Summary date: Jun 19 2020 - More information

    Senate amendments makes the following changes to the 4th edition.

    Amendment #1 expands the act's provisions to also authorize any fair or carnival that is a member of the NC Association of Agricultural Fairs to open and resume operations. Makes the requirements and restrictions applicable to amusement parks and establishments with video games and arcade games applicable to fairs and carnivals. Makes conforming changes to the executive and departmental authorities set forth in Sections 2 and 3. Modifies the effective date of Section 1, now authorizing amusement parks, establishments with video games and arcade games, and fairs and carnivals to operate, to further specify that the provisions do not expire until applicable declaration of emergency prohibitions and restrictions are terminated to also allow unrestricted mass gatherings (previously, only to allow full unrestricted operations).

    Amendment #2 adds a new Section 4.5 to authorize outdoor stadiums with a spectator capacity of 12,000 or less that operates a restaurant on the premises of the stadium to open and operate food and drink service for on-premises consumption notwithstanding a state of emergency declared by the governor or a city or county related to the COVID-19 public health emergency. Stadiums allowed to open are subject to seven requirements, including: (1) that the stadium was in existence and lawfully operating with proper ABC permits on March 10, 2020; (2) outdoor food and drink service seating capacity is limited to 10% of the spectator capacity of the stadium; (3) the establishment maintains and enforces social distancing; and (4) the establishment complies with state public health regulations. Effective when the act becomes law and expires upon the later of any applicable state of emergency declaration affecting establishment operations being terminated, or October 31, 2020. 

    Adds new Section 4.6 and 4.7 to mirror the executive and departmental authorities described in Sections 2 and 3 to make the same provisions applicable to the outdoor stadiums described.


  • Summary date: Jun 18 2020 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Deletes the entire 4th edition and adds the following new provisions to authorize amusement parks, gaming and business establishments with video games and arcade games, and venues for receptions or parties to resume operations.

    Section 1 authorizes amusement parks and gaming and business establishments with video games and arcade games to open and resume operations notwithstanding a state of emergency declared by the governor or a city or county related to the COVID-19 public health emergency.  Establishments allowed to open and resume business are subject to the following requirements: (1) the establishment was in existence and lawfully operating on March 10, 2020; (2) visitor capacity is limited to 50% of authorized fire capacity and exempts employees from the capacity limit; (3) employees must answer a health questionnaire and have daily temperature checks; employees with fevers of 100.4 degrees or higher are prohibited from entering the establishment; (4) employees must wear face masks; visitors are encouraged to wear face masks; (5) contactless check-in must be available and six-foot social distancing marked on the ground at check-in; (6) disinfectant spray bottles or wipes be available throughout the establishment; (7) hand sanitizer be available throughout the establishment; (8) employees conduct frequent cleaning at specified intervals; (9) equipment is used in a manner to ensure social distancing, signage directs foot traffic for social distancing, and employees monitor visitor movement to ensure social distancing; and (10) signage is posted to remind visitors and employees of social distancing and sanitizing requirements. Effective when the act becomes law and expires when any applicable state of emergency declaration affecting establishment operations is terminated.

    Section 2 authorizes the Governor, with the concurrence of a majority of the Council of State, to exercise emergency powers under GS 166A-19.30(b) or (c) related to amusement parks and gaming and business establishments with video games and arcade games, and venues for receptions and parties, under a state of emergency declared pursuant to GS Chapter 166A.  Requires the Governor to contact each member of the Council of State and document that member’s concurrence, nonconcurrence, or no response.  Authorization may be exercised by the Governor notwithstanding the limitations on exercising emergency powers related to amusement parks and gaming and business establishments with video games and arcade games, and venues for receptions and parties, provided for in Sections 1 and 4 of the bill.

    Section 3 requires the Secretary of Health and Human Services to notify the Governor and receive the concurrence of a majority of the Council of State prior to issuing an Order of Abatement of an Imminent Hazard pursuant to GS 130A-20 related to COVID-19 requiring the closure of amusement parks and gaming and business establishments with video games and arcade games, and venues for receptions and parties. Requires contact with each member of the Council of State and documentation of that member’s concurrence, nonconcurrence, or no response.

    Section 4 authorizes venues for receptions and parties to open and resume operations notwithstanding a state of emergency declared by the governor or a city or county related to the COVID-19 public health emergency. Establishments allowed to open and resume business are subject to the following requirements: (1) the establishment was in existence and lawfully operating on March 10, 2020; (2) capacity is limited to 50% of authorized fire capacity, 12 people per 1,000 square feet, or 300 people, whichever is less; (3) employees must have daily temperature checks; employees with fevers of 100.4 degrees or higher are prohibited from entering the establishment; (4) all guests must have temperature checks; guests with fevers of 100.4 or higher are prohibited from entering the establishment; (5) employees must wear face masks and gloves; guests are encouraged to wear face masks; (6) food self-service or buffet options prohibited; (7) hand sanitizer must be available throughout the establishment; (8) the establishment must maintain and enforce social distancing recommended by the CDC and NC Division of Public Health; (9) the establishment must comply with all NC Division of Public Health rules applicable to restaurants; (10) employees conduct frequent cleaning at specified intervals; (11) signage must be posted to remind guests and employees of social distancing and sanitizing requirements; and (12) the establishment must collect and retain guest contact information for 15 days after the event. Effective when the act becomes law and expires when any applicable state of emergency affecting establishment operations is terminated.

    Changes the short and long titles of the bill accordingly.


  • Summary date: May 6 2019 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Further amends GS 143B-437.01 by setting out priority for the use of funds in the Industrial Development Fund Utility Account, with first priority given to counties that are defined as a development tier one or two area and second priority given to rural census tracts in counties that are defined as development tier three areas.


  • Summary date: Mar 27 2019 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Now amends GS 143B-437.01 concerning the Industrial Development Fund Utility Account by expanding the definition of economically distressed county (as it is used in the statute) to mean a county with total employment of less than 500,000 (previously proposed to mean a county that has one of the 87 highest rankings under GS 143B-437.08, which designates development tiers). Specifies that in measuring total employment, the Secretary of Commerce must use the latest available data published by the Quarterly Census of Employment and Wages program.


  • Summary date: Mar 13 2019 - More information

    House committee substitute to the 1st edition amends the act's long title. 


  • Summary date: Mar 4 2019 - More information

    Identical to S 158, filed 2/27/19.

    Amends GS 143B-437.01 concerning the Industrial Development Fund Utility Account by expanding the definition of economically distressed county (as it is used in the statute) to mean a county that has one of the 87 highest rankings under GS 143B-437.08, which designates development tiers (was, county that is defined as a development tier one or two area). 


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