(A) No bar shall employ a person as a bouncer who has been convicted of a crime relating to either (1) the sale, manufacture, distribution, or possession of controlled substances as made unlawful by the provisions of G.S. 90-95, or (2) criminal street gang activity as made unlawful by the provisions of the North Carolina Street Gang Suppression Act as provided in G.S. Chapter 14, Art. 13A, or (3) prostitution or assignation as made unlawful by the provisions of G.S. 14-204 or (4) homicide, assault, affray, communicating threats, unlawful possession of dangerous or deadly firearms, or discharge of a dangerous or deadly firearm as made unlawful by the provisions of G.S. Chapter 14.
(B) Notwithstanding the provisions of subsection (a), a bar is not prohibited from employing a person as a bouncer as a result of the conviction of an offense listed in subsection (a) when the following time period has elapsed:
(1) More than two years has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense;
(2) More than five years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is for a felony offense; or
(3) More than five years has elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(C) A bar shall submit to the chief of police or designee on a quarterly basis no later than the fifteenth day after the close of the quarter a list of all persons employed as a bouncer at the bar that quarter. The list shall indicate the date of initial employment of each person as a bouncer and shall be on a form provided by the police department. The bar shall submit to the chief of police or designee no later than 30 days after the date of initial employment of a person as a bouncer and, annually thereafter, a criminal record check for each person employed as a bouncer by the bar. The criminal record check submitted shall be conducted by a method acceptable to the chief of police but shall not be required to be a criminal record check based upon fingerprints from the North Carolina State Bureau of Investigation.
(Ord. No. 09-98, § 1, passed 12-10-2009; Ord. No. 13-021, § 1, passed 5-9-2013)