The COVID Project
The record
- Jurisdiction
- Utah
- Level
- State
- Authority
- Utah Code 53-2a-209(4); 53-2a-204(1)(b)
- Issued
- 2020-05-08 May 8, 2020
- Effective
- 2020-05-08 (immediately); retroactive to licensees that closed on or after Mar. 15, 2020 (read as 2020-05-08)
- End
- Until the emergency declared in EO 2020-1 terminated (Aug. 20, 2020); reauthorized by EO 2020-54 (Aug. 20) and 2020-66 (Sept. 19, 2020) (read as 2020-08-20)
- In force
- May 8, 2020 to Aug. 20, 2020
- Quarters
- 2020 Q22020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Alcohol and barsOther
- Addressees
- DABC retail licensees (bars, restaurants and other on-premise licensees)
- Department of Alcoholic Beverage Control
- Functions reached
- BA bars and licensed restaurants (closures recognized; licenses preserved)
- ALC regulator's recital that health orders restricted licensees' operation
- Collection
- Utah UT
Operative words
WHEREAS, Utah Code 32B-5-309 prohibits certain retail licensees that serve alcoholic beverages from closing or ceasing operation for a period longer than 240 hours without notifying and receiving approval from the Department of Alcoholic Beverage Control (DABC); WHEREAS, to mitigate the spread of COVID-19, state and local health authorities have issued health orders restricting the operation of businesses and restaurants, including retail licensees governed by Utah Code 32B-5-309; WHEREAS, the economic impact of COVID-19 and related health orders has caused and is expected to cause some retail licensees... to close or cease operation for a period longer than 240 hours;... NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement of Utah Code 32B-5-309. The suspension of enforcement of Utah Code 32B-5-309 applies retroactively to any retail licensee that closed or ceased operation on or after March 15, 2020.
Enforcement
Suspension of a licensing statute under 53-2a-209(4)
Notes
The Governor's own finding that 'health orders restricting the operation of businesses and restaurants' caused licensees to cease operation from Mar. 15, 2020; EO 2020-4 (Apr. 1, 2020) suspended DABC rule R82-2-201 on liquor returns for closed licensees (read, not saved).