CHARLOTTE, N.C. — Bars that use food warmers and serve hot food will need to comply with the same regulations as restaurants in 2024. House Bill 125 reverses language from a previous bill, House Bill 768, that made bars exempt from health inspections.

What You Need To Know

  • House Bill 768, passed two years ago, grouped bars in a category that was exempt from inspections
  • House Bill 125 becomes law this year, requiring bars serving hot food to be inspected 
  • Bars have until March 27 to comply with the new law

The North Carolina Department of Health and Human Services says its understanding is the authority to inspect bars was accidentally removed because of the previous bill's language. 

CityCade in Gastonia is an arcade and bar that opened in July 2020. Owner Byron Smith said the arcade served small bites like hot dogs, pizza and nachos to customers from its kitchen. He was able to do so without a permit.

"[If] you can offer food, it slows down the metabolism of the alcohol, and they're not as affected by it, and that was one of the reasons we always wanted to offer food," Smith said. 

Smith removed an air fryer, griddle and hot dog roller from his kitchen before the first of the year. He is turning away from hot food, which is about 20% of his business. 

Smith says it would take $8,000 to $10,000 to bring the kitchen in compliance with the health department standards. 

"I just don't see the ROI on that investment at this time," Smith said. 

Instead, he is turning his kitchen into a convenience store with prepackaged snacks and pain killers hanging from the wall next to the bar. Smith says on busy weekends he will have a food truck parked outside to ensure customers are taken care of without having to leave his business.

The NCDHHS says bars that serve temperature control for safety (TCS) food will have to obtain a permit by March 27.

Bars that serve drinks with non-TCS food, bars that use food as a garnish and bars that are considered private clubs do not require a permit, according to the health department.