Winston-Salem officials reviewing options for social districts after Gov. Roy Cooper signs bill | Local News | journalnow.com

2022-07-08 16:44:24 By : Mr. Richard Ding

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Gov. Roy Cooper signed into law Thursday a N.C. House bill that clarifies how local communities — such as downtown Winston-Salem — can designate social districts where alcoholic beverages can be carried and consumed outside.

The law went immediately into effect.

A revamped version of House Bill 211 was approved June 29 by a 37-6 vote in the Senate. The House approved Senate changes to the bill by a 98-14 vote on June 30.

What HB211 does is clarify where an individual may possess an open container of wine, beer or liquor in a social district or designated consumption area.

“This should provide (local governments) a roadmap for successful design, implementation and management of the social district(s) they desire to establish,” said Rep. Tim Moffitt, R-Henderson, and a bill co-sponsor.

Aaron King, assistant city manager for Winston-Salem, said last month that the city "has discussed the idea of having multiple smaller geographic areas designated as social districts rather than one large district.”

King said those discussions have been tabled until August or September.

King said the city's "main concern related to social districts is public safety."

"The staffing shortages we face within Winston-Salem Police Department have been well documented. Independent of HB211, the concerns related to public safety remain."

Local governments would have to submit maps of the social districts to the ABC Commission, and would have to mark the social districts in a way that clearly indicates to customers where the boundaries of the social district are located.

Non-permittee businesses would not be required to allow customers to bring open containers of alcoholic beverages onto their premises. They would not be responsible for enforcing the alcohol laws if they chose to do so.

“However, they have to allow law enforcement officers access to the areas of the premises accessible by customers,” according to the legislative staff report.

In 2019, the General Assembly established a “common area entertainment permit” that may be issued to the owner of a multi-tenant establishment with at least two tenants that have ABC permits.

A common area is defined as including “portions of a building or structure and outdoor areas that are used jointly by multiple businesses on a property or within a planned development project, whether such areas are under common ownership or are subject to cross access easements for use by multiple businesses.”

The permit allows customers of businesses holding ABC permits to take alcoholic beverages sold in a specific container off the tenants’ premises into a common area. The common area is operated during days and hours set by the owner of the property.

Greensboro, Kannapolis, Monroe, Newton and Norwood have registered new social districts with the commission since the law went into effect. The ABC Commission oversees alcohol sales in the state.

In 2021, the law was expanded to allow local governments to adopt ordinances to create social districts, which are defined as “a defined outdoor area in which a person may consume alcoholic beverages sold by a permittee.”

The local government would set the hours and days that a social district operates.

Several Triangle media outlets reported that Raleigh city officials approved Tuesday a downtown social district that would open Aug. 15.

According to Raleigh TV station WRAL, the social district will encompass Fayetteville Street from the State Capitol to the Duke Energy Center for the Performing Arts and includes Red Hat Amphitheater.

City Market is part of the proposed district, whereas Moore Square and Nash Square are not.

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