The COVID Project
The record
- Jurisdiction
- Alabama
- Level
- State
- Authority
- Code of Alabama 1975, § 22-20-5
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOperating condition
- Addressees
- specified businesses (food service and retail food establishments; hotels, inns, motels and other transient lodging); owners or persons in control of such premises
- Character
- sanitary code duty
- Collection
- Standing duties: Alabama DUT-AL
Operative words
It shall, therefore, be unlawful to operate... any establishment which is governed by said regulations unless the operator of such establishment possesses a valid permit from the health officer for its operation; and further, the health officer is hereby authorized and empowered to suspend or revoke... the permit... for the flagrant or continuous violation of any provisions of said regulations.
Penalty
permit suspension or revocation; injunction of the operation; operation without a permit unlawful
What it required
Every restaurant, bar, food store, hotel, motel and other food or lodging establishment operates only under a health-officer permit, on condition of compliance with the State Committee of Public Health's regulations for 'construction, maintenance and operation'; the permit is suspended or revoked for flagrant or continuous violation, and the health officer 'is hereby authorized and empowered to institute proceedings in the circuit court to enjoin the operation of any establishment' (§ 22-20-5(d)); county boards and municipalities keep power to adopt 'more stringent, emergency regulations or ordinances' (§ 22-20-5(b)).
Retrieval noteThis is the statutory vehicle of the food-establishment sanitation rules (Ex. DUT-AL-008) and of the restaurant, bar and retail-food paragraphs of the Safer at Home orders (Exs. AL-020, AL-032), whose party-size, spacing, sanitation and employee-hygiene conditions were enforced by the same county health officers who hold the permit power. The ABC Board added a parallel license-suspension channel for licensed premises on September 30, 2020 (Ex. AL-035).