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Ex. DUT-VA-012 Standing duty Primary source read

Va. Code Title 35.1, Chapter 1 (sections 35.1-1 to 35.1-10), including section 35.1-7 (Penalties, injunctions, civil penalties and charges for violations) and section 35.1-10 (Measures to prevent transmission of disease)

Code of Virginia, Title 35.1, Chapter 1, General Provisions (full chapter text)

General Assembly of Virginia (Code of Virginia, Title 35.1, Hotels, Restaurants, Summer Camps, and Campgrounds, Chapter 1, General Provisions) · Virginia (State)

The COVID Project

The record

Jurisdiction
Virginia
Level
State
Authority
Va. Code Ann. sections 35.1-7, 35.1-10
Effective
standing throughout 2020 Q2 to 2021 Q3
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 closureWorkplace rulesStanding dutyOther
Addressees
  • specified businesses: hotels, restaurants (including dining establishments, food courts, breweries, wineries and tasting rooms as regulated under Title 35.1), summer camps, campgrounds; their employees
Character
sanitary code duty
Collection
Standing duties: Virginia DUT-VA

Operative words

Nothing in this title applicable to restaurants shall prevent the Commissioner from taking whatever action he deems necessary to control the spread of preventable diseases as set forth in Title 32.1, including but not limited to the exclusion of employees, the medical examination of any employee, the immediate closing of a hotel, restaurant, summer camp, or campground

Penalty

Section 35.1-7: willful violation of any Board or Commissioner regulation or order a Class 3 misdemeanor, 'Each day of violation shall constitute a separate offense'; injunction or mandamus; civil penalty not to exceed $10,000 for each violation of an injunction, each day a separate offense; civil charges by consent

What it required

Every hotel, restaurant, summer camp and campground to submit to the Commissioner's disease-control measures, including exclusion and medical examination of employees and immediate closure; every Order of Public Health Emergency governing restaurants and campgrounds recited this section as authority (Exs. VA-002, VA-010, VA-012, VA-013, VA-014, VA-016).

Retrieval note

Section 35.1-7(A): 'Any person willfully violating, or refusing, failing, or neglecting to comply with any regulation or order of the Board or Commissioner, or any provision of this title, shall be guilty of a Class 3 misdemeanor unless a different penalty is specified. Each day of violation shall constitute a separate offense.' Because the Orders of Public Health Emergency were also issued under sections 32.1-13 and 32.1-20, the Class 1 misdemeanor of section 32.1-27 was the penalty they recited.