H211: Reopen Bars and Restaurants. Latest Version



AN ACT to allow establishments that serve food and drink to operate and conduct business activity provided certain conditions are met.

The General Assembly of North Carolina enacts:

SECTION 1  Notwithstanding any declaration of emergency issued by the Governor 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 (i) establishment that prepares or serves food or drink, as defined in and regulated under Part 6 of Article 8 of Chapter 130A of the General Statutes, (ii) private club or private bar, as defined by G.S. 18B‑1000, (iii) winery permitted pursuant to G.S. 18B‑1101 or G.S. 18B‑1102, or (iv) distillery permitted pursuant to G.S. 18B‑1105 may open and operate its food and drink service for on‑premises consumption 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)        The establishment (i) requires every employee of the establishment to self‑administer or undergo a temperature check daily prior to beginning work, (ii) requires every employee answer a health questionnaire about known contacts or exposure to COVID‑19 provided by the establishment prior to beginning work, and (iii) prohibits any employee showing respiratory illness symptoms, COVID‑19 symptoms, or presenting to work with a fever of 100.4 degrees Fahrenheit or higher from entering the establishment to work.

(3)        The establishment conducts frequent, routine cleanings of high‑touch and high‑use areas during hours of operation and a thorough, deep cleaning and sanitation of the establishment after the close of business each day.

(4)        If the establishment offers buffet‑style service or self‑service, the establishment must provide disposable gloves and require masks to be worn while guests and employees are using the buffet‑style service or self‑service areas. No beverages shall be self‑served.

(5)        The establishment limits the number of guests at each table to no more than 10 seated together at the same time, unless all 10 guests are members of the same household.

SECTION 2.  This act is effective when it becomes law and expires after any declaration of emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink.