{"id":"DUT-AR-006","kind":"duty","level":"state","jurisdiction":"Arkansas","state":"AR","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of Arkansas, 93rd General Assembly (SB 254, Sen. K. Hammer)","authority":"Legislative power; amends Ark. Code Ann. 20-7-101(a) and 20-7-109(c)","instrument":"Act 401 of 2021 (SB 254)","title":"An Act to Ensure that Businesses Are Not Penalized by the Department of Health for the Behavior of Patrons or Customers During the Coronavirus 2019 (COVID-19) Public Health Emergency; to Declare an Emergency; and for Other Purposes","dateIssued":"2021-03-18","effective":"2021-03-18","end":"standing (the COVID-19 carve-outs speak to the duration of the COVID-19 public health emergency)","startDate":"2021-03-18","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["DUTY","OTHER"],"addressees":["every firm, person or corporation subject to Department of Health orders, rules and directives; specified: permit holders inspected by the Alcoholic Beverage Control Division"],"clause":"(3) During the coronavirus 2019 (COVID-19) public health emergency, a firm, person, or corporation is not liable under subdivision (a)(1) of this section if the violation... results from the behavior of a patron or customer of the firm, person, or corporation.... (5) Enforcement of order, rules, or directives is the expressed responsibility of the issuing agency.","enforcement":"Preserves the 20-7-101(a)(1) misdemeanor ($100-$500 or one month, each day a separate offense) except for violations resulting from patron or customer behavior","functions":[],"notes":"Left the 20-7-101(a)(1) misdemeanor in force against businesses for every violation of the COVID-19 orders, rules and directives other than one resulting from patron or customer behavior, barred the Department of Health and inspecting agencies (including the Alcoholic Beverage Control Division) from penalizing businesses for patron behavior, and found in its emergency clause that \u0027businesses have been unfairly penalized for the behavior of their patrons and customers\u0027 and that such penalization \u0027prompts closure of businesses in this state\u0027.","sourceUrl":"https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2FACT401.pdf","snapshot":"","fileExists":true,"fileBytes":318573,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-AR","url":"/library/DUT-AR-006","exhibitUrl":"/exhibit/DUT-AR-006","citation":"General Assembly of Arkansas, 93rd General Assembly (SB 254, Sen. K. Hammer), Act 401 of 2021 (SB 254) (standing) (Ex. DUT-AR-006)","stateName":"Arkansas","related":["DUT-AR-002","DUT-AR-003"]}