Bill Summary for H 633 (2019-2020)

Summary date: 

Jun 26 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 633 (Public) Filed Tuesday, April 9, 2019
AN ACT TO ALLOW CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE TEMPORARY OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS.
Intro. by Davis, Faircloth, McNeill, Richardson.

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Bill summary

Conference report makes the following changes to the 4th edition. Deletes the content of the 4th edition and replaces it with 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 notwithstanding Executive Order No 141, 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.

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 notwithstanding Executive Order No 141, 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 service seating capacity is limited to the lesser of 50% of the current indoor seating capacity of the establishment, or 100 customers. 

Bars municipalities and counties from prohibiting the above authorized outdoor seating areas due to not being a permitted use for operation of food and drink services under zoning ordinances.

Sunsets the above added authorizations upon the repeal, replacement, or rescission of Executive Order No 141.

Makes conforming changes to the act's titles. 

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