Bill Summary for H 536 (2019-2020)

Summary date: 

May 28 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 amendment #1 adds the following content to the 6th edition.

Authorizes any private club or private bar, any winery issued a fortified or unfortified wine permit, or any distillery issued a distillery permit, to open and serve alcohol for on-premises consumption so long as 10 requirements and limitations are met. Among the restrictions are (1) a requirement that the establishment have been in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary State and local regulatory permits; (2) the service is limited to outdoor seating locations with the location owner(s)' permission; and (3) the outdoor seating capacity is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 customers. 

Expands the act's provision barring 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, to include the above added authorized outdoor seating areas.

Makes the effective date and sunset provisions of the act applicable to the added authorizations (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).

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