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ROY COOPER
GOVERNOR
July 28, 2020

EXECUTIVE ORDER NO. 153
RESTRICTING LATE NIGHT SERVICE OF ALCOHOLIC BEVERAGES
Background Statement

The COVID-19 Public Health Emergency

WHEREAS, on March 10, 2020, the undersigned issued Executive Order No. 116 which
declared a State of Emergency to coordinate the State's response and protective actions to address
the Coronavirus Disease 2019 ("COVID-19") public health emergency and provide for the health,
safety, and welfare of residents and visitors located in North Carolina; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a
global pandemic; and
WHEREAS, on March 13, 2020, the President of the United States issued an emergency
declaration for all states, tribes, territories, and the District of Columbia, retroactive to March 1,
2020, and the President declared that the COVID-19 pandemic in the United States constitutes a
national emergency; and
WHEREAS, on March 25, 2020, the President approved a Major Disaster Declaration,
FEMA-4487-DR, for the State of North Carolina; and
WHEREAS, in responding to the COVID-19 pandemic, and for the purpose of protecting
the health, safety, and welfare of the people of North Carolina, the undersigned has issued
Executive Order Nos. 116-122, 124-125, 129-131 , 133-136, 138-144, and 146-152; and
WHEREAS, more than 116,000 people in North Carolina have had laboratory-confirmed
cases of COVID-19, and over 1,800 people in North Carolina have died from COVID-19; and
The Need to Take Additional COVID-19 Measures

WHEREAS, hospital administrators and health care providers have expressed concerns
that unless the spread of COVID-19 is limited, existing health care facilities may be insufficient
to care for those who become sick; and
WHEREAS, slowing and controlling community spread of COVID-19 is critical to
ensuring that the state' s healthcare facilities remain able to accommodate those who require
medical assistance; and
WHEREAS, in Executive Order No. 141 , issued on May 20, 2020, the undersigned urged
that all people in North Carolina follow social distancing recommendations, including that

 everyone wear a cloth face covering, wait six (6) feet apart and avoid close contact, and wash
hands often or use hand sanitizer; and
WHEREAS, to reduce COVID-19 spread, the undersigned, in Executive Order No. 141,
required safety measures in certain business settings, limited mass gatherings, and closed certain
types of businesses and operations; and
WHEREAS, the undersigned issued Executive Order Nos. 14 7 and 151 to address
troubling trends in COVID-19 metrics following the issuance of Executive Order No. 141,
including increasing daily case counts of COVID-19, increasing emergency department visits for
COVID-19-like illnesses, increasing hospitalizations for COVID-19, and a continued elevated
percentage of positive COVID-19 tests; and
WHEREAS, Executive Order No. 14 7 continued the measures of Executive Order No.
141 and imposed additional measures tailored to mitigate the spread of COVID-19, including
requiring face coverings in certain settings; and
WHEREAS, Executive Order No. 151 continued the measures of Executive Order Nos.
141 and 14 7 in place until August 7, 2020 at 5 :00 pm; and
WHEREAS, while taking a phased approach to re-opening restaurants and other
businesses, the undersigned cautioned that with an increase in the spread of COVID-19, it could
be necessary to reinstate certain restrictions eased by Executive Order No. 141 so as to protect the
health, safety, and welfare of North Carolinians; and
WHEREAS, North Carolina's daily case counts of COVID-19 have been increasing and
remain at a high level, the percentage of COVID-19 tests that are positive remains elevated,
emergency department visits for COVID-19-like illnesses are increasing, and hospitalizations for
COVID-19 have increased; and
WHEREAS, these trends, and the continued high rates of COVID-19 across North
Carolina, require the undersigned to take additional measures to slow the spread of the virus during
the pandemic; and

Risk Factors for COVID-19 Infection
WHEREAS, the risk of contracting and transmitting COVID-19 is higher in settings that
are indoors, where air does not circulate freely and where people are less likely to maintain social
distancing by staying six (6) feet apart; and
WHEREAS, the risk of contracting and transmitting COVID-19 is higher in settings where
people are in close physical proximity for an extended period of time (more than 15 minutes); and
WHEREAS, the risk of contracting and transmitting COVID-19 is higher in gatherings of
larger groups of people because these gatherings offer more opportunity for person-to-person
contact with someone infected with COVID-19; and
WHEREAS, the risk of contracting and transmitting COVID-19 is higher in settings where
consistently wearing face coverings is difficult; and
WHEREAS, the risk of contracting and transmitting COVID-19 is higher in settings where
people have higher respiratory effort from actions like talking loudly, yelling, singing, and
laughing, all of which cause more propulsion of respiratory droplets; and
WHEREAS, certain types of businesses by their very nature present greater risks of the
spread of COVID-19 because of the nature of the activity, the way that people have traditionally
acted and interacted with each other in that space, and the duration that patrons stay in the
establishment; and
WHEREAS, to lower the risk of contracting and transmitting COVID-19, the undersigned
has imposed restrictions on businesses that limit the number of contacts between people,

 particularly in settings that are indoors or, involve people being in close physical proximity for an
extended period of time; and
COVID-19 Transmission Risks Arising from Alcohol Consumption
WHEREAS, some restaurants stay open until early morning hours with limited food
service but with continued consumption of alcohol, and patrons frequenting those businesses
during late hours often do not maintain social distancing; and
WHEREAS, the Center for Disease Control and Prevention ("·CDC") and the North
Carolina Department of Health and Human Services ("DHHS") have stated that the consumption
of alcohol lowers inhibitions and makes people more likely to engage in behaviors that increase
the risk of spread of COVID-19; and
WHEREAS, the consumption of alcohol makes people less likely to practice social
distancing or wear face coverings as required by Executive Order No. 147 and other Orders
designed to stop the spread of COVID-19; and
WHEREAS, people who are drinking beverages cannot consistently wear face coverings;
and
WHEREAS, when people gather to consume alcohol in public, they often speak loudly,
laugh, yell, or sing, spreading respiratory droplets that contain the COVID-19 virus; and
WHEREAS, national and international outbreaks of COVID-19 have been linked to places
like bars, clubs, and restaurants where people consume alcohol in close proximity to one another,
and to super-spreading events in which a single person infects a large number of people; and
WHEREAS, data reveals that there is an increase in the number of younger individuals
who are being infected by COVID-19; and
WHEREAS, though bars in North Carolina remain closed, the undersigned is concerned
about the role that alcohol consumption in other businesses serving food and drink late at night
plays in promoting the spread of COVID-19 for the reasons mentioned above; and
WHEREAS, some, but not all, county and municipal governments have imposed
restrictions on the sale of alcohol as part of their efforts to prevent the spread of COVID-19; and
WHEREAS, the undersigned, in consultation with the Secretary of Health and Human
Services, the Secretary of the Department of Public Safety, and the Director of the Division of
Emergency Management, has determined that limitations on the sale of alcohol in businesses and
other establishments that serve alcohol to the public for on-premises consumption is necessary to
counter the spread of COVID-19; and
Statutory Authority and Determinations
WHEREAS, Executive Order No. 1 16 invoked the Emergency Management Act, and
authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in
the response to, recovery from, and mitigation against emergencies; and
WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.I0(b)(2), the undersigned may make,
amend, or rescind necessary orders, rules, and regulations within the limits of the authority
conferred upon the Governor in the Emergency Management Act; and
WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.12(3)(e), the Division of Emergency
Management must coordinate with the State Health Director to revise the North Carolina
Emergency Operations Plan as conditions change, including making revisions to set "the
appropriate conditions for quarantine and isolation in order to prevent the further transmission of
disease," and following this coordination, the Emergency Management Director and the State
Health Director have recommended that the Governor develop and order the plan and actions
identified in this Executive Order; and

 WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-l 9.30(a)(l), the undersigned may utilize
all available state resources as reasonably necessary to cope with an emergency, including the
transfer and direction of personnel or functions of state agencies or units thereof for the purpose
of performing or facilitating emergency services; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-l 9.30(a)(2), the undersigned may take
such action and give such directions to state and local law enforcement officers and agencies as
may be reasonable and necessary for the purpose of securing compliance with the provisions of
the Emergency Management Act and with the orders, rules, and regulations made thereunder; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-l 9.30(c)(i), the undersigned has
determined that local control of the emergency is insufficient to assure adequate protection for
lives and property of North Carolinians because not all local authorities have enacted such
appropriate ordinances regarding sale of alcoholic beverages for on-premises consumption or
issued such appropriate declarations restricting the operation of businesses and limiting person-toperson contact, thus needed control cannot be imposed locally; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(ii), the undersigned has
determined that local control of the emergency is insufficient to assure adequate protection for
lives and property of North Carolinians because some but not all local authorities have taken
implementing steps under such ordinances or declarations, if enacted or declared, in order to
effectuate control over the emergency that has arisen; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(iii), the undersigned has
determined that local control of the emergency is insufficient to assure adequate protection for
lives and property of North Carolinians because the area in which the emergency exists spreads
across local jurisdictional boundaries and the legal control measures of the jurisdictions are
conflicting or uncoordinated to the extent that efforts to protect life and property are, or
unquestionably will be, severely hampered; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(c)(iv), the undersigned has
determined that local control of the emergency is insufficient to assure adequate protection oflives
and property of North Carolinians because the scale of the emergency is so great that it exceeds
the capability of local authorities to cope with it; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166A19 .31 (b )(1) authorizes the undersigned to prohibit and restrict the movement of people in public
places; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166Al 9 .31 (b)(2) authorizes the undersigned to prohibit and restrict the operation of offices, business
establishments, and other places to and from which people may travel or at which they may
congregate; and
WHEREAS, N.C. Gen. Stat.§ 166A-19.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.3l(b)(3) authorizes the undersigned to restrict the possession, transportation, sale, purchase,
and consumption of alcoholic beverages; and
WHEREAS, N.C. Gen. Stat.§ 166A-l 9.30(c) in conjunction with N.C. Gen. Stat.§ 166A19.3 l(b)(5) authorizes the undersigned to prohibit and restrict other activities or conditions, the
control of which may be reasonably necessary to maintain order and protect lives or property
during a state of emergency; and
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-l 9.30(c)(l), when the undersigned
imposes the prohibitions and restrictions enumerated in N.C. Gen. Stat. § 166A-19.31(b), the
undersigned may amend or rescind the prohibitions and restrictions imposed by local authorities;
and
WHEREAS, pursuant to N.C. Gen. Stat. § l 66A-19.30(a)(2), during a Gubematorially
declared State of Emergency, the undersigned has the power to "give such directions to State and

 local law enforcement officers and agencies as may be reasonable and necessary for the purpose
of securing compliance with the provisions of this Article."
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and
the laws of the State of North Carolina, and for the reasons and pursuant to the statutes listed above,
IT IS ORDERED:
Section 1. Definitions

A. "Bars" means establishments that are not eating establishments or restaurants as defined in
N.C. Gen. Stat.§§ 18B-1000(2) and 18B-1000(6), that have a permit to sell alcoholic beverages
for onsite consumption under N.C. Gen. Stat.§ 18B-1001, and that are principally engaged in
the business of selling alcoholic beverages for onsite consumption.
B. "Breweries, Wineries and Distilleries" are those establishments which produce alcoholic
beverages pursuant to a commercial permit issued by the Alcoholic Beverage Commission
(N.C. Gen. Stat. §§ 18B-1101 to 18B-1105) and are authorized by such permit to also have
retail sales to consumers.
C. "Restaurants" means permitted food establishments, under N.C. Gen. Stat. § 130A-248, and
other establishments that both prepare and serve food. This includes, but is not limited to,
restaurants, cafeterias, food halls, dining halls, food courts, and food kiosks. This includes not
only free-standing locations but also locations within other businesses or facilities, including,
but not limited to airports, shopping centers, educational institutions, or private or membersonly clubs where food and beverages are permitted to be consumed on premises.
Section 2. Temporary Restrictions Regarding Alcoholic Beverage Sales for Onsite
Consumption

For the reasons and pursuant to the authority as set forth above:
A. To control the spread of COVID-19 and protect lives during the State of Emergency, this
Section lists restrictions upon the sale, purchase, and service of alcoholic beverages, along
with restrictions on business establishments and other places to or from which people may
travel or at which they may congregate. Restaurants, breweries, wineries, distilleries, and
any other businesses or organizations that ( 1) are not currently required to close under
existing Executive Orders issued to address this State of Emergency and that (2) sell or serve
alcoholic beverages for onsite consumption are prohibited from operating unless they follow
the restrictions stated in this Section.
B. Restaurants, breweries, wineries, distilleries, and any other businesses or organizations that
( 1) are not currently required to close under existing Executive Orders issued to address this
State of Emergency and that (2) sell or serve alcoholic beverages for onsite consumption
shall cease the sale and service of alcoholic beverages for onsite consumption between 11 :00
pm and 7:00 am. The agents or employees of establishments that are permitted to sell or
serve alcoholic beverages for onsite consumption shall likewise not sell or serve alcoholic
beverages for onsite consumption between 11 :00 pm and 7:00 am.
C. Restaurants, breweries, wineries, distilleries, and any other businesses or organizations may
not provide off-site table service, catering service or bartending service for the sale and
consumption of alcoholic beverages between 11 :00 pm and 7:00 am for the purposes of
consumption at the premises where the alcoholic beverage is being served.
D. Restaurants, breweries, wineries, distilleries, and any other businesses or organizations
otherwise authorized to remain open after 11 :00 pm under existing law may continue to do
so under this Executive Order so long as there is no sale or service of alcohol for onsite
consumption.

 E. Nothing in this Executive Order shall be interpreted to change the laws regarding the hours
of sales for alcoholic beverages for off-premises consumption or authorize sale, service,
possession, transportation, or consumption of alcoholic beverages at times or places where
not previously allowed before this Executive Order was issued. Nothing in this Executive
Order shall be interpreted to impact the operations of bars, which remain closed.
F. Restaurants, breweries, wineries, distilleries, and any other businesses or organizations that
serve food and beverages remain subject to all requirements and guidance set forth in
Executive Order Nos. 141, 147, and 151, including but not limited to the requirements to
ensure social distancing and ensure sanitation in Executive Order No. 141 Section 6(C).

Section 3. No Private Right of Action.

This Executive Order is not intended to create, and does not create, any individual right, privilege,
or benefit, whether substantive or procedural, enforceable at law or in equity by any party against
the State of North Carolina, its agencies, departments, political subdivisions, or other entities, or
any officers, employees, or agents thereof, or any emergency management worker (as defined in
N.C. Gen. Stat. § 166A-19.60) or any other person.
Section 4. Effect on local emergency management orders.

A. The restrictions imposed in this Executive Order are minimum requirements, and local
governments can impose greater restrictions. The undersigned recognizes that although
COVID-19 has had a heavy impact upon all parts of North Carolina, the impact of COVID-19
has been and will likely continue to be different in different parts of North Carolina. There will
also be differences in different parts of North Carolina in the number and nature of restaurants
and how restaurants may serve alcohol, the subject-matter of this Executive Order. As such,
the undersigned acknowledges that counties and cities may deem it necessary to adopt
ordinances and issue state of emergency declarations which impose restrictions or prohibitions
on the sale of alcoholic beverages to a greater degree than in this Executive Order, to the extent
authorized under North Carolina law. To that end, nothing herein, except where specifically
stated below in Subsections B of this Section, is intended to limit or prohibit counties and cities
in North Carolina from enacting ordinances and issuing state of emergency declarations which
impose greater restrictions or prohibitions on the sale or consumption of alcoholic beverages
to the extent authorized under North Carolina law.
B. Local governments cannot set more permissive policies concerning the sale of alcoholic
beverages for onsite consumption during the hours specified herein. Notwithstanding
Subsection A above, the undersigned amends all local prohibitions and restrictions imposed
under any local state of emergency declarations to remove any language that permits the sale
of alcoholic beverages for onsite consumption after 11 :00 pm or before 7:00 am or otherwise
directly conflicts with this Executive Order. The undersigned also hereby prohibits during the
pendency of this Executive Order the adoption of any prohibitions and restrictions under any
local state of emergency declarations that permit the sale of alcoholic beverages for onsite
consumption after 11 :00 pm or before 7:00 am or otherwise directly conflicts with this
Executive Order.
Section 5. Savings Clause.
If any provision of this Executive Order or its application to any person or circumstances is held
invalid by any court of competent jurisdiction, this invalidity does not affect any other provision
or application of this Executive Order, which can be given effect without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order are declared to be
severable.

 Section 6. Distribution.
I hereby order that this Executive Order be: (1) distributed to the news media and other
organizations calculated to bring its contents to the attention of the general public; (2) promptly
filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State,
and the superior court clerks in the counties to which it applies, unless the circumstances of the
State of Emergency would prevent or impede such filing; and (3) distributed to others as necessary
to ensure proper implementation of this Executive Order.

Section 7. Enforcement.
A. Pursuant to N.C. Gen. Stat.§ 166A-l 9.30(a)(2), the provisions of this Executive Order shall be
enforced by state and local law enforcement officers.
B. A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat.
§ 166A-19.30(d), and is punishable as a Class 2 misdemeanor in accordance with N.C. Gen.
Stat. § 14-288.20A.
C. In addition to being enforced by state and local law enforcement officers, this Executive Order
is enforceable by the Division of Alcohol Law Enforcement of the North Carolina Department
of Public Safety as set forth under N.C. Gen. Stat. § 1SB-500. Pursuant to N.C. Gen. Stat. §
18B-S00(b 1) and for the reasons set forth above, the undersigned detennines that enforcement
of this Executive Order is needed to protect people because of the disaster and State of
Emergency from the spread of COVID-19, and the undersigned directs the Division of Alcohol
Law Enforcement to take enforcement action as necessary against entities acting in violation
of this Executive Order.
D. Establishments under the jurisdiction of the Alcoholic Beverage Control Commission that are
determined to have violated this Executive Order may be subject to sanction pursuant to N.C.
Gen. Stat.§ 18B-203(a)(12).

Section 8. Effective Date.
This Executive Order is effective at 11 :00 pm on July 31 , 2020. This Executive Order shall
remain in effect through 11 :00 pm on August 31, 2020 unless repealed, replaced, or rescinded by
another applicable Executive Order. An Executive Order rescinding the Declaration of the State
of Emergency will automatically rescind this Executive Order.

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal
of the State of North Carolina at the Capitol in the City of Raleigh, this 28 th day of July in the year
of our Lord two thousand and twenty.

Governor

ATTEST:

Secretary of State