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  3. DUT-MS-015

Ex. DUT-MS-015 Standing duty Primary source read

Miss. Code Ann. § 45-17-7

Local civil emergencies: officer's powers after proclamation (closing of retail liquor stores; discontinuance of sales; 'such other orders as are necessary for the protection of life and property')

Legislature of Mississippi (Mississippi Code of 1972, Title 45, ch. 17, Local Civil Emergencies); the chief administrative officer of every municipality as the officer empowered · Mississippi (State)

The COVID Project

The record

Jurisdiction
Mississippi
Level
State
Authority
Miss. Code Ann. § 45-17-7
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
Limitation types
Business closureCurfew and hoursAlcohol and barsStanding dutyOther
Addressees
  • persons generally; specified businesses (retail liquor stores; sellers of intoxicating liquor and beer); all businesses reached by orders under paragraph (e)
Character
statutory authority
Collection
Standing duties: Mississippi DUT-MS

Operative words

After proclamation of a civil emergency, the chief administrative officer may at his discretion, in the interest of public safety and welfare: (a) Order the closing of all retail liquor stores. (b) Order the discontinuance of the sale of intoxicating liquor and/or beer.... (e) Issue such other orders as are necessary for the protection of life and property.

Penalty

Miss. Code Ann. § 45-17-9 (Ex. DUT-MS-016): misdemeanor by ordinance, fine up to $300 or six months' imprisonment, or both

What it required

The statutory basis of the municipal COVID-19 orders of Jackson, Tupelo, Biloxi and Starkville (Exs. MS-060 to MS-073): closures, curfews, face-covering and business-protocol orders issued 'for the protection of life and property' during a proclaimed civil emergency, and enforced under § 45-17-9 (Ex. DUT-MS-016). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

2 pages. Jackson's orders recite 'Miss. Code Ann. § 45-17-1 et seq.' and § 21-19-3 as authority (Ex. MS-060); the Governor's general orders preserved local authority to adopt stricter measures 'including face covering requirements' (Ex. MS-039 ¶ II(o)).