{"id":"DUT-OR-016","kind":"duty","level":"court","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court","authority":"ORS 401.165-401.236, 401.192(1); ORS 433.441(3)-(4); Executive Order 20-66 and its incorporated OHA guidance (Ex. OR-035); OAR 845-006-0345(15); ORS 471.333(3); Or. Const. art. I, sec. 21, art. III, sec. 1, art. IV, sec. 1","instrument":"Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue\u0027s liquor license for three violations of EO 20-66 (indoor dining while prohibited)","title":"Along Came Trudy LLC, dba Along Came Trudy, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent","dateIssued":"2024-01-24","effective":"2024-01-24 (decision); the conduct adjudicated occurred under EO 20-66 in Lane County at Extreme Risk","end":"final (review denied July 18, 2024)","startDate":"2024-01-24","endDate":"2024-07-18","quarters":["2020Q4","2021Q1"],"types":["CLOSE","CAP","MASK","OTHER"],"addressees":["specified businesses: OLCC licensees (eating and drinking establishments); by its reasoning, every business addressed by a gubernatorial order and its incorporated guidance"],"clause":"It is undisputed that EO 20-66 was issued by the Governor under the authority of ORS 401.165 to 401.236. It therefore had the \u0022full force and effect of law.\u0022 EO 20-66 encompassed the Governor\u0027s directive to the OHA to provide guidance that, with the Governor\u0027s approval, would be incorporated into the executive order. Any procedural hurdle... cannot deprive the executive order of the full force","enforcement":"Cancellation of the liquor license affirmed (OAR 845-006-0345(15)); the court\u0027s holding confirms the ORS 431A.010 and 401.990 exposure recited in EO 20-66 para. 10.","functions":[],"notes":"Held that EO 20-66 \u0027had the \u0022full force and effect of law\u0022\u0027 under ORS 401.192(1), that the OHA sector guidance the order incorporated was valid and enforceable although not set out in the order\u0027s text, not filed with the Secretary of State and not adopted as an administrative rule, that ORS 401.192 does not unconstitutionally delegate legislative power, and that OLCC lawfully cancelled the licensee\u0027s liquor license under OAR 845-006-0345(15) for permitting indoor dining in violation of the Governor\u0027s order; the court also quoted EO 20-66 para. 2(a) delegating to OHA \u0027binding guidance for the public, for employers, and for particular sectors of the economy.\u0027 Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://ojd.contentdm.oclc.org/digital/api/collection/p17027coll5/id/37927/download","snapshot":"","fileExists":true,"fileBytes":205155,"grade":"primary","character":"adjudication","description":"","collection":"DUT-OR","url":"/library/DUT-OR-016","exhibitUrl":"/exhibit/DUT-OR-016","citation":"Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue\u0027s liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016)","stateName":"Oregon","related":["DUT-OR-018","DUT-OR-001","DUT-OR-004","DUT-OR-007"]}