{"id":"DUT-OR-018","kind":"duty","level":"court","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O\u0027Connor, J.)","authority":"ORS 183.335(5); ORS 471.030, 471.040, 471.175, 471.730; Executive Orders 20-27 and 20-66 (Ex. OR-020, OR-035); OHA Statewide Mask, Face Shield, Face Covering Guidance of July 24, 2020 (Ex. OR-025); OAR 845-006-0345(15), (17)(a); Along Came Trudy LLC v. OLCC, 330 Or App 295 (2024)","instrument":"Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66)","title":"In the Matter of the Full-On Premises Sales License Held By Central Pastime, LLC, dba Central Pastime, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent","dateIssued":"2025-08-06","effective":"2025-08-06 (decision); the conduct adjudicated occurred Dec. 2, 2020 and Mar. 27, 2021","end":"final as of the exhibit date (no later history checked)","startDate":"2025-08-06","endDate":"","quarters":["2020Q4","2021Q1"],"types":["MASK","EMP","OTHER"],"addressees":["specified businesses: OLCC licensees (eating and drinking establishments) and their employees and agents (\u0027No employee or agent of a licensee may violate any provision of this rule\u0027)"],"clause":"The public health threat posed by the spread of COVID-19 provided the justification for requiring compliance with masking and physical distancing standards.... [quoting OLCC:] \u0022Through liquor license inspections, OLCC staff have observed some licensees willfully ignore and fail to enforce OHA guidance.... This creates a serious and immediate danger to public health and safety\u0022","enforcement":"72-day license suspension affirmed (OAR 845-006-0345(15), (17)(a)).","functions":[],"notes":"Upheld the validity of OLCC\u0027s temporary rule OAR 845-006-0345(17) (July 31, 2020), which made a licensee\u0027s failure to enforce the OHA face-covering and distancing guidance a license violation, and of OAR 845-006-0345(15) (violation of a gubernatorial order), applying Along Came Trudy on identical arguments, and affirmed a 72-day suspension of a licensee that on Dec. 2, 2020 \u0027failed to require employees and customers to wear masks or other face coverings as directed in the OHA July 24 guidance\u0027 and on Mar. 27, 2021 \u0027again failed to require employees and patrons to wear masks at all times when not eating or drinking, contrary to the Governor\u0027s Executive Order (EO) 20-66\u0027; the court recited OLCC\u0027s finding that licensees\u0027 failure to enforce the OHA guidance \u0027creates a serious and immediate danger to public health and safety\u0027 and that EO 20-27 authorized agencies \u0027to issue guidance 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/39748/download","snapshot":"","fileExists":true,"fileBytes":123082,"grade":"primary","character":"adjudication","description":"","collection":"DUT-OR","url":"/library/DUT-OR-018","exhibitUrl":"/exhibit/DUT-OR-018","citation":"Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O\u0027Connor, J.), Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66) (Ex. DUT-OR-018)","stateName":"Oregon","related":["DUT-OR-007","DUT-OR-016"]}