REOPEN BARS AND RESTAURANTS.

View NCGA Bill Details2021
House Bill 211 (Public) Filed Wednesday, March 3, 2021
AN ACT TO ALLOW ESTABLISHMENTS THAT SERVE FOOD AND DRINK TO OPERATE AND CONDUCT BUSINESS ACTIVITY PROVIDED CERTAIN CONDITIONS ARE MET.
Intro. by Moffitt, Setzer, Mills, Zenger.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Apr 27 2021)
H 211

Bill Summaries:

  • Summary date: Apr 21 2021 - More information

    House committee substitute makes the following changes to the 2nd edition. Amends the conditions that must be met in order for the previously specified establishments to open and operate their food and drink service for on-premises consumption, without additional restrictions, to require the establishment be properly licensed and permitted and hold all necessary State and local regulatory permits including, if applicable, any necessary ABC permits (removes the requirement that the establishment have been in existence on March 10, 2020).


  • Summary date: Apr 13 2021 - More information

    House committee substitute makes the following changes to the 1st edition. 

    Now authorizes the previously specified establishments to open and operate their food and drink service for on-premises consumption, without additional restrictions, notwithstanding prohibitions or restrictions imposed by any executive order issued by the Governor during a state of emergency, any declaration of emergency issued by a municipality or county, or any municipal or county ordinance adopted pursuant to a declared emergency related to the public health emergency created by COVID-19 (was, notwithstanding any emergency declaration issued by the Governor or public health emergency local ordinance related to COVID-19; previously, did not provide for operation without additional restrictions). Adds to the establishments authorized to include any permittee other than those previously identified that serve malt beverages, unfortified wine, fortified wine, or mixed beverages for on-premises consumption pursuant to a permit under GS 18B-1001 (which lists 21 types of ABC permits).

    Revises the requirements for operation under the act. Now requires the establishment to prohibit any employee a reasonable person would identify as showing respiratory illness symptoms, COVID-19 symptoms, or presenting to work with a fever of 100.4 or higher from entering the establishment to work (previously, did not specify a reasonable person standard). Requires the establishment to perform frequent and routine environmental cleaning and disinfection of high-touch areas with EPA-approved disinfectant for SARS-CoV-2 (previously, required frequent, routine cleanings of high-touch and high-use areas during hours of operation and a thorough, deep cleaning and sanitation of the establishment after the close of business each day). Limits the number of guests at each table to no more than 10 seated together unless more than 10 guests are members of the same household (was, unless all 10 guests are members of the same household).

    Changes the expiration of the act, now expiring upon the expiration or termination of all prohibitions and restrictions on the service of food and drink established pursuant to any executive order, declaration of emergency, or ordinance related to COVID-19 described in Section 1 of the act (was, after any declaration of emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink).


  • Summary date: Mar 3 2021 - More information

    Authorizes the following establishments to open and operate their food and drink service for on-premises consumption notwithstanding any emergency declaration issued by the Governor or public health emergency local ordinance related to COVID-19: (1) any establishment that prepares or served food or drink; (2) private clubs and private bars; (3) specified permitted wineries; and (4) specified permitted distilleries. Details the qualifications that must be met to operate under the act's authority, including that the establishment (1) was in existence on March 10, 2020, is properly licensed and permitted, and holds necessary applicable ABC permits; (2) requires daily temperature checks and completion of health questionnaires of employees and prohibits those showing symptoms from entering the establishment to work; (3) conducts frequent, routine cleanings during operation and a deep cleaning after the close of business each day; (4) if applicable, provides disposable gloves and requires masks be worn by guests and employees using a buffet-style service or self-service areas; prohibits self-serve beverages; and (5) limits the number of guests at each table to 10. Expires after any declaration of emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink.


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