{"id":"UT-058","kind":"order","level":"state","jurisdiction":"Utah","state":"UT","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Gary R. Herbert","authority":"Utah Code 53-2a-209(4); 53-2a-204(1)(b)","instrument":"Executive Order 2020-21","title":"Suspending Enforcement of Utah Code 32B-5-309 Regarding Ceasing Operation of Certain Retail Licensees","dateIssued":"2020-05-08","effective":"2020-05-08 (immediately); retroactive to licensees that closed on or after Mar. 15, 2020","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)","startDate":"2020-05-08","endDate":"2020-08-20","quarters":["2020Q2","2020Q3"],"types":["ALC","OTHER"],"addressees":["DABC retail licensees (bars, restaurants and other on-premise licensees)","Department of Alcoholic Beverage Control"],"clause":"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)","functions":["BA bars and licensed restaurants (closures recognized; licenses preserved)","ALC regulator\u0027s recital that health orders restricted licensees\u0027 operation"],"notes":"The Governor\u0027s own finding that \u0027health orders restricting the operation of businesses and restaurants\u0027 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).","sourceUrl":"https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-21.pdf","snapshot":"","fileExists":true,"fileBytes":97357,"grade":"primary","character":"","description":"","collection":"UT","url":"/library/UT-058","exhibitUrl":"/exhibit/UT-058","citation":"Governor Gary R. Herbert, Executive Order 2020-21 (May 8, 2020) (Ex. UT-058)","stateName":"Utah","related":["UT-012","UT-011","UT-015","UT-016","UT-007","UT-008","UT-009","UT-017","UT-006","UT-004","UT-059","UT-018"]}