The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- Exec. Order 40-20 § 2(c) (W. Va. May 22, 2020) (Ex. WV-034)
- Issued
- 2020-05-22 May 22, 2020
- Effective
- 2020-05-26 12:01 a.m. (read as 2020-05-26)
- End
- Superseded by later amendments; framework terminated Apr. 20, 2021 (EO 12-21) (read as 2021-04-20)
- In force
- May 26, 2020 to Apr. 20, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Alcohol and barsWorkplace rulesOperating conditionOther
- Addressees
- specified businesses: restaurants, bars and other food-and-drink facilities
- Character
- order operating condition
- Collection
- Standing duties: West Virginia DUT-WV
Operative words
but only for limited on-premises consumption... in accordance with the applicable guidelines for restaurants, A Guide to Safely Opening our Restaurants Through Takeaway Service & Outdoor Dining and A Guide to Safely Opening Restaurants and Bars, both available at governor.wv.gov, including a limitation on indoor seating occupancy of 50%
Penalty
Suspension of the license to operate or the ABCA license (Ex. DUT-WV-018); EO 9-20 para. 7
What it required
On-premises food and drink service conditioned on operating 'in accordance with' the Governor's two restaurant guides (the incorporation clause for Ex. DUT-WV-018) and the 50 percent indoor seating cap. The verb is the conditional 'but only... in accordance with.'
Retrieval noteThe clearest incorporation-by-reference clause in the West Virginia series: the guide's items became the terms on which a restaurant or bar could serve on premises.