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Ex. DUT-AR-006 Standing duty Primary source read

Act 401 of 2021 (SB 254)

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

General Assembly of Arkansas, 93rd General Assembly (SB 254, Sen. K. Hammer) · Arkansas (State)

The COVID Project

The record

Jurisdiction
Arkansas
Level
State
Authority
Legislative power; amends Ark. Code Ann. 20-7-101(a) and 20-7-109(c)
Issued
2021-03-18 Mar. 18, 2021
Effective
2021-03-18
End
standing (the COVID-19 carve-outs speak to the duration of the COVID-19 public health emergency) (read as 2021-09-30)
In force
Standing since Mar. 18, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
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
Character
order penalty
Collection
Standing duties: Arkansas DUT-AR

Operative words

(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.

Penalty

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

What it required

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 'businesses have been unfairly penalized for the behavior of their patrons and customers' and that such penalization 'prompts closure of businesses in this state'.

Retrieval note

Section 1 reprints 20-7-101(a) with the 2020 text struck and the new text underlined; Section 2 adds 20-7-109(c)(2) (the Board shall not require a business 'to regulate the behavior of patrons or customers'). The Act is legislative evidence that businesses were being penalized under the directives in 2020-2021.