Bill Summary for H 258 (2019-2020)

Summary date: 

Jun 18 2020

Bill Information:

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.

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Bill summary

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.

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