Bill Summary for H 536 (2019-2020)

Summary date: 

May 26 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 536 (Public) Filed Tuesday, April 2, 2019
AN ACT TO AUTHORIZE CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS WHILE ALSO SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF CORONAVIRUS DISEASE 2019 (COVID-19).
Intro. by McGrady, Boles, Fisher, Hardister.

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Bill summary

Senate committee substitute deletes the provisions of the 5th edition and instead provides the following.

Authorizes any establishment that prepares or serves food or drink to open and operate its food and drink service for on-premises consumption so long as 11 requirements and limitations are met. Among the requirements and limitations are (1) that the establishment was in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary State and local regulatory permits; (2) the establishment is not a private club, private bar, winery with a fortified or unfortified wine permit, or a distillery with a distillery permit; (3) the operation for on-premises consumption is limited to any authorized indoor seating or an owner-approved outdoor seating location; and (4) the service is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 consumers. Bars municipalities and counties from prohibiting the authorized outdoor seating areas due to not being a permitted use for operation of food and drink services under zoning ordinances. 

Sunsets the act upon the later of 30 days after any emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink, or October 31, 2020.

Changes the act's titles.

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