{"id":"DUT-OR-017","kind":"duty","level":"court","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Court of Appeals","authority":"ORS 401.165, 401.168(1); ORS 433.441(3); Elkhorn Baptist Church v. Brown, 366 Or 506, 524-27 (2020) (Ex. SEC-16-031); Executive Order 20-66 paras. 2, 10(c) (Ex. OR-035); OAR 845-006-0345(15)-(16); ORS 471.333(3); ORS 183.417(4)","instrument":"JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon\u0027s liquor license for 38 days for violating EO 20-66 and OHA guidance \u0027that qualified as public health laws\u0027 during Extreme Risk (Jan. 4-Feb. 20, 2021)","title":"JGB Enterprises, LLC, dba Twisted River Saloon, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent","dateIssued":"2023-04-19","effective":"2023-04-19 (decision); the conduct adjudicated occurred Jan. 4-Feb. 20, 2021","end":"final","startDate":"2023-04-19","endDate":"","quarters":["2021Q1"],"types":["CLOSE","MASK","CAP","OTHER"],"addressees":["specified businesses: OLCC licensees (eating and drinking establishments); the Governor\u0027s powers described reach every facility and premises"],"clause":"And the Governor may implement any action authorized by ORS 433.441 to 433.452.... That includes closing facilities, regulating goods and services, and controlling or limiting \u0022entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency,\u0022 as reasonably necessary to respond to the emergency. ORS 433.441(3).","enforcement":"38-day license suspension by default order affirmed; immediate suspension for \u0027a serious danger to public health and safety\u0027 (ORS 471.315; OAR 845-006-0345(15)-(16)).","functions":[],"notes":"Recited that in the COVID-19 emergency the Governor held \u0027all police powers vested in the state by the Oregon Constitution\u0027 (ORS 401.168(1)), the \u0027power to enact reasonable regulations for the protection of \u0022the public health and the public safety\u0022\u0027 (quoting Elkhorn Baptist Church and Jacobson v. Massachusetts) and every action authorized by ORS 433.441-433.452, that EO 20-66 \u0027ordered OHA to issue binding guidance on safety measures, operational limitations, and capacity limits for eating and drinking establishments... which became part of EO 20-66\u0027 and directed OLCC and other agencies to enforce it \u0027under existing civil and administrative authorities,\u0027 and affirmed OLCC\u0027s suspension of a licensee that had allowed indoor on-premises consumption, had not enforced mask requirements or six-foot distancing and had not placed plexiglass shields, after an immediate suspension issued \u0027because continued operation of your premises represents a serious danger to public health and safety.\u0027 Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://ojd.contentdm.oclc.org/digital/api/collection/p17027coll5/id/35265/download","snapshot":"","fileExists":true,"fileBytes":326359,"grade":"primary","character":"adjudication","description":"","collection":"DUT-OR","url":"/library/DUT-OR-017","exhibitUrl":"/exhibit/DUT-OR-017","citation":"Oregon Court of Appeals, JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon\u0027s liquor license for 38 days for violating EO 20-66 and OHA guidance \u0027that qualified as public health laws\u0027 during Extreme Risk (Jan. 4-Feb. 20, 2021) (Ex. DUT-OR-017)","stateName":"Oregon","related":["DUT-OR-001"]}