H258: Open Amusement Parks/Arcades/Venues. Latest Version

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

HOUSE BILL 258
RATIFIED BILL

AN ACT TO AUTHORIZE AMUSEMENT PARKS, GAMING AND BUSINESS
ESTABLISHMENTS WITH VIDEO GAMES AND ARCADE GAMES, FAIRS OR

CARNIVALS, AND VENUES FOR RECEPTIONS OR PARTIES TO RESUME
OPERATIONS AND TO AUTHORIZE OUTDOOR STADIUM OPERATING
RESTAURANTS 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).

The General Assembly of North Carolina enacts:

SECTION 1.(a) Notwithstanding anydeclaration of emergency issued under Article
1A of Chapter 166A of the General Statutes or any municipal or county ordinance adopted under
that Article related to the public health emergency created by COVID-19, any establishment that
is an (i) amusement park or (ii) gaming and business establishment with video games and arcade
games, as referenced in Section 8 of Executive Order No. 141, Easing Restrictions on Travel,
Business Operations, and Mass Gatherings: Phase Two, issued on May 20, 2020, or (iii) any fair

or carnival, which is a member of the North Carolina Association of Agricultural Fairs, mayopen
and resume operations provided all of the following apply:
(1) The establishment, fair, or carnival was in existence on March 10, 2020, or
had a valid certificate of occupancy and business license issued by that date.
(2) Total capacity is limited to fifty percent (50%) of the authorized fire capacity.
Employees are excluded from the total capacity.

(3) All employees answer a health questionnaire and have their temperature taken
daily prior to working. Any employee showing symptoms or with a fever of
100.4 degrees Fahrenheit or higher shall not be allowed to enter the
establishment.
(4) All employees wear face masks. All visitors are strongly encouraged to wear
face masks.
(5) Contactless check-in is available.Markings areon thegroundto denoteproper

social distancing of at least 6 feet in the check-in area.
(6) Sanitation spray bottles with disinfectant or disinfectant wipes that are
EPA-approved for SARS-CoV-2 (the virus that causes COVID-19) are
available throughout the establishment.
(7) Hand sanitizer stations are available throughout the establishment. All hand
sanitizer is comprised of at least sixty percent (60%) alcohol.
(8) Employees conduct frequent routine cleanings of high-touch equipment and

high-use areas while the establishment is open and conduct a deep clean of the
entire establishment after the close of business every day. For establishments
that are open 24 hours a day, a deep clean of the entire establishment must
occur at least once every 24 hours. Disinfectants that are EPA-approved for
SARS-CoV-2 (the virus that causes COVID-19) are used for all cleanings.
(9) The following practices must be maintained:

*H258-v-7* a. Equipment is used in a manner to ensure social distancing of at least 6
feet.
b. Signage directs foot traffic for social distancing.
c. Employees monitor for social distancing and to ensure that equipment
is being cleaned with disinfectant or disinfectant wipes.
(10) Signage is posted to remind employees, members, and visitors of the social
distancing and sanitation requirements in place.

SECTION 1.(b) This section is effective when it becomes law and expires when any
applicable declaration of emergency prohibitions and restrictions expire or are otherwise
terminatedtopermitamusementparksandgamingandbusinessestablishmentswithvideogames
and arcade games to open for full unrestricted operations and to allow unrestricted mass
gatherings.
SECTION 2. Notwithstanding Sections 1 and 4 of this act, the Governor may, with
a concurrence of the majority of the Council of State, exercise powers granted under

G.S. 166A-19.30(b) or (c) related to amusement parks, gaming and business establishments with
video games and arcade games, any fair or carnival which is a member of the North Carolina
AssociationofAgriculturalFairs,andvenuesforreceptionsorparties. Inobtainingaconcurrence
of a majority of the Council of State for this purpose, the Governor shall contact each member of
the Council of State regarding the potential exercise of the emergency powers under
G.S. 166A-19.30(b) or (c) and seek the concurrence or nonconcurrence of that member. The

Governor shall document and release the concurrence, nonconcurrence, or no response provided
by each member of the Council of State by name. Upon receiving and releasing the majority
concurrence, the Governor may exercise the power or powers under G.S. 166A-19.30(b) or (c)
as described to the members of the Council of State.
SECTION 3. Notwithstanding the provisions of G.S. 130A-20, the Secretary of
Health and Human Services or the Secretary of Environmental Quality may only order an
abatement of an imminent hazardrelatedto COVID-19 that requires closureofamusement parks,

gaming and business establishments with video games and arcade games, any fair or carnival
which is a member of the North Carolina Association of Agricultural Fairs, and venues for
receptions or parties upon notification to the Governor and with a concurrence of the majority of
the Council of State. In obtaining a concurrence of a majority of the Council of State for this
purpose, each member of the Council of State shall be contacted regarding the potential exercise
of the powers under G.S. 130A-20 and seek the concurrence or nonconcurrence of that member.
Each response shall be documented and released with respect to concurrence, nonconcurrence,

or no response provided by each member of the Council of State by name. Upon receiving and
releasing the majority concurrence, the appropriate Secretary may exercise the power under
G.S. 130A-20 as described to the members of the Council of State.
SECTION 4.(a) Notwithstanding anydeclaration of emergencyissued under Article
1A of Chapter 166A of the General Statutes or any municipal or county ordinance adopted under
that Article related to the public health emergency created by COVID-19, any venues for

receptions or parties, as referenced in Section 8 of Executive Order No. 141, Easing Restrictions
on Travel, Business Operations, and Mass Gatherings: Phase Two, issued on May 20, 2020, may
open and resume operations provided all of the following apply:
(1) The establishment was in existence on March 10, 2020, is properly licensed
and permitted, and holds all necessary State and local regulatory permits,
including, if applicable, any necessary ABC permits.
(2) Total capacity is limited to fifty percent (50%) of the authorized fire capacity,

12 people per 1,000 square feet, or 300 people, whichever is less.
(3) All employees shall have their temperature taken daily prior to working. Any
employee showing symptoms or with a fever of 100.4 degrees Fahrenheit or
higher shall not be allowed to enter the establishment.

Page 2 House Bill 258-Ratified (4) All guests shall havetheir temperature taken bythermal templethermometers.
Any guest with a fever of 100.4 degrees Fahrenheit or higher shall not be
permitted entry.
(5) All employees shall wear face masks and gloves. All guests are strongly
encouraged to wear face masks.
(6) Food and beverage service shall not include self-service or buffet options.
(7) Hand sanitizer stations shall be available throughout the establishment. All

hand sanitizer is comprised of at least sixty percent (60%) alcohol.
(8) The establishment shall maintain and enforce the social distancing
requirements recommended by the federal Centers for Disease Control and
PreventionandtheNorthCarolinaDepartmentofHealthandHumanServices.
(9) The establishment shall comply with all rules and regulations promulgated by
the Division of Public Health of the North Carolina Department of Health and
Human Services applicable to restaurants.

(10) Employees shall conduct frequent routine cleanings of high-touch and
high-use areas while the establishment is open and conduct a deep clean of the
entire establishment after the close of business every day. Disinfectants that
are EPA-approved for SARS-CoV-2 (the virus that causes COVID-19) are
used for all cleanings.
(11) Signage shall be posted to remind employees and guests of the social

distancing and sanitation requirements in place.
(12) The establishment shall collect and retain guest contact information on file for
15 days past the date of the event, which shall be made available for contact
tracing if so requested.
SECTION 4.(b) This section is effective when it becomes law and expires when any
applicable declaration of emergency prohibitions and restrictions expire or are otherwise
terminated to permit venues for receptions and parties to open for full unrestricted use.

SECTION 4.5.(a) Notwithstanding any declaration of emergency issued under
Article1AofChapter166AoftheGeneralStatutesoranymunicipalorcountyordinanceadopted
under that Article related to the public health emergency created by COVID-19, any outdoor
stadium with a spectator capacity of 12,000 or less that operates a restaurant, as defined in G.S.
18B-1000(6), on the premises of the stadium may open and operate food and drink service for
on-premises consumption provided all of the following apply:
(1) The stadium was in existence on March 10, 2020, is properly licensed and

permitted, and holds all necessary State and local regulatory permits,
including, if applicable, any ABC permits
(2) The food and drink service operation for on-premises consumption is limited
to any authorized indoor seating specifically designated for the restaurant
operation and to the outdoor seating location.
(3) The outdoor food and drink service seating capacity is limited to ten percent

(10%) of the spectator capacity of the stadium.
(4) The outdoor seating location must be part of the stadium, may include the
playing area of the stadium, and must contain or have access to lavatory and
toilet facilities for employees and customers as required for on-site
preparation and consumption of food and beverage under rules established by
the North Carolina Department of Health and Human Services.
(5) If the establishment holds ABC permits and serves alcohol pursuant to those

permits, the outdoor seating location must have delineated vertical boundaries
that the consumer would recognize as indicating the boundaries that
physicallyseparate areas where consumption of alcohol is allowed from areas
open to the general public other than customers of the establishment.

House Bill 258-Ratified Page 3 (6) The establishment maintains and enforces the social distancing requirements
recommended by the federal Centers for Disease Control and Prevention and
the North Carolina Department of Health and Human Services.
(7) The establishment complies with all rules and regulations promulgated by the
Division of Public Health of the North Carolina Department of Health and
Human Services applicable to outdoor food and drink service.
SECTION 4.5.(b) This section is effective when it becomes law and expires upon

the later of (i) 30 days after anydeclaration of emergencyprohibitions and restrictions applicable
expireorareotherwiseterminatedto permit theestablishment to openforfull unrestrictedservice
of food and drink or (ii) October 31, 2020.
SECTION 4.6. Notwithstanding Section 4.5 of this act, the Governor may, with a
concurrence of the majority of the Council of State, exercise powers granted under
G.S. 166A-19.30(b) or (c) related to outdoor stadiums that operate restaurants. In obtaining a
concurrence of a majority of the Council of State for this purpose, the Governor shall contact

each member of the Council of State regarding the potential exercise of the emergency powers
under G.S. 166A-19.30(b) or (c) and seek the concurrence or nonconcurrence of that member.
The Governor shall document and release the concurrence, nonconcurrence, or no response
provided by each member of the Council of State by name. Upon receiving and releasing the
majorityconcurrence,theGovernormayexercisethepowerorpowersunderG.S. 166A-19.30(b)
or (c) as described to the members of the Council of State.

SECTION 4.7. Notwithstanding the provisions of G.S. 130A-20, the Secretary of
Health and Human Services or the Secretary of Environmental Quality may only order an
abatement of an imminent hazard related to COVID-19 that requires closure of outdoor stadiums
that operate restaurants upon notification to the Governor and with a concurrence of the majority
of the Council of State. In obtaining a concurrence of a majority of the Council of State for this
purpose, each member of the Council of State shall be contacted regarding the potential exercise
of the powers under G.S. 130A-20 and seek the concurrence or nonconcurrence of that member.

Each response shall be documented and released with respect to concurrence, nonconcurrence,
or no response provided by each member of the Council of State by name. Upon receiving and
releasing the majority concurrence, the appropriate Secretary may exercise the power under
G.S. 130A-20 as described to the members of the Council of State.

Page 4 House Bill 258-Ratified SECTION 5. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 24 day of June, 2020.

s/ Philip E. Berger

President Pro Tempore of the Senate

s/ Tim Moore
Speaker of the House of Representatives

_____________________________________
Roy Cooper
Governor

Approved __________.m. this ______________ day of ___________________, 2020

House Bill 258-Ratified Page 5