{"id":"OH-091","kind":"order","level":"court","jurisdiction":"Ohio","state":"OH","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Ohio","authority":"Ohio Const. art. IV","instrument":"Highland Tavern, L.L.C. v. DeWine, 173 Ohio St.3d 59, 2023-Ohio-2577 (decided Aug. 1, 2023)","title":"Highland Tavern, L.L.C. v. DeWine","dateIssued":"2023-08-01","effective":"n/a","end":"n/a","startDate":"2023-08-01","endDate":"","quarters":[],"types":["ALC"],"addressees":["n/a (judicial opinion reciting Rule 80\u0027s adoption, terms, enforcement and expiration)"],"clause":"{para. 3} Within the first few months of the pandemic, appellee Ohio Liquor Control Commission adopted an emergency rule restricting these statutorily permitted hours of sale and on-site consumption of alcoholic beverages. This rule was codified as Ohio Adm.Code 4301:1-1-80, known at the time as \u0027Rule 80.\u0027 Rule 80 applied to all liquor-permit holders who were authorized to sell alcoholic beverages for on-premises consumption. The rule limited the permitted times for the sale and on-premises consumption of alcoholic beverages, requiring that sales cease at 10:00 p.m. and that on-premises consumption cease at 11:00 p.m.... {para. 4}... the rule took effect immediately upon the filing of the final rule on July 31, 2020.... By operation of law pursuant to R.C. 119.03(G)(1), Rule 80 could remain in effect for only 120 days, causing its automatic expiration on November 29, 2020.","enforcement":"Recites the Commission\u0027s revocation of Highland Tavern\u0027s permits for three Rule 80 violations","functions":["BA bar hours (evidence of Rule 80\u0027s terms and dates)"],"notes":"Post-period judicial record used to verify the text and dates of Rule 80 (Ex. OH-031).","sourceUrl":"https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2023/2023-Ohio-2577.pdf","snapshot":"","fileExists":true,"fileBytes":240663,"grade":"primary","character":"","description":"","collection":"OH","url":"/library/OH-091","exhibitUrl":"/exhibit/OH-091","citation":"Supreme Court of Ohio, Highland Tavern, L.L.C. v. DeWine, 173 Ohio St.3d 59, 2023-Ohio-2577 (decided Aug. 1, 2023) (Ex. OH-091)","stateName":"Ohio","related":["OH-031"]}