Vetoed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that authorizes the reopening of bars and restaurants during the COVID-19 pandemic.

Highlights:

• Authorizes any establishment that prepares or serves food or drink to open and operate its food and drink service for on-premises consumption provided that (Sec. 1):

• The establishment was in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary state and local permits, including any necessary Alcoholic Beverage Control (ABC) permits;

• If the establishment holds ABC permits, the establishment is not any of the following:

• A private club;

• A private bar; 

• A winery; or

• A distillery;

• The food and drink service operation for on-premises consumption is limited to any authorized indoor seating and to the outdoor seating location, and specifies that the owner of that outdoor seating location must have granted the establishment permission to use the location for its food and drink service operation;

• The outdoor food and drink service capacity is limited to 50 percent of the current indoor seating capacity of the establishment, or 100 customers, whichever is less;

• The outdoor seating location is on the same parcel or is contiguous to or in close proximity to the underlying establishment and contains or has access to lavatory and toilet facilities for employees and customers;

• If the establishment hold ABC permits and serves alcoholic beverages, the outdoor seating location must have delineated vertical boundaries that the consumer would recognize as indicating the boundaries that physically separate areas where consumption of alcohol is allowed from areas open to the general public; and

• The establishment maintains and enforces social distancing requirements recommended by the federal Centers for Disease Control and Prevention (CDC) and the state Department of Health and Human Services.

• Authorizes a private club, private bar, winery, or distillery to open and serve alcohol for on-premises consumption provided that (Sec. 2):

• The establishment was in existence on March 10, 2020, is properly licensed and permitted, and holds all necessary state and local regulatory permits, including any necessary (ABC) permits;

• The service is limited to an outdoor seating location and the owner of that outdoor seating location has granted permission to use the location for its service; 

• The outdoor seating location is on the same parcel or is contiguous to or in close proximity to the underlying establishment and contains or has access to lavatory and toilet facilities for employees and customers;

• The outdoor seating location has delineated vertical boundaries that the consumer would recognize as indicating the boundaries that physically separate areas where consumption of alcohol is allowed from areas open to the general public;

• The outdoor service seating capacity is limited to 50 percent of the current indoor seating capacity of the establishment, or 100 customers, whichever is less; and

• The establishment maintains and enforces social distancing requirements recommended by the federal Centers for Disease Control and Prevention (CDC) and the state Department of Health and Human Services.

Full Bill Text