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Ex. DUT-MT-031 Standing duty Primary source read

DPHHS legal memorandum: Application of March 26, 2020 Directive to craft and hobby stores (cross-reference to Ex. MT-029)

Application of March 26, 2020, Directive to craft and hobby stores

Montana Department of Public Health and Human Services, Office of Legal Affairs · Montana (State)

The COVID Project

The record

Jurisdiction
Montana
Level
State
Authority
Construing the Stay at Home Directive (Ex. MT-009) issued under Mont. Code Ann. 10-3-104 and Title 50, ch. 1
Issued
2020-04-07 Apr. 7, 2020
Effective
2020-04-07
End
2020-04-26 (Phase One) (read as 2020-04-26)
In force
Apr. 7, 2020 to Apr. 26, 2020
Quarters
2020 Q2
Limitation types
Business closure
Addressees
  • specified businesses (craft and hobby stores; by Ex. MT-030, vape and tobacco shops); all non-essential retail
Character
guidance incorporated
Collection
Standing duties: Montana DUT-MT

Operative words

The Directive requires businesses to cease all activities unless the business is an essential business or the business activity meets the definition of Minimum Basic Operations... [and] requires craft and hobby stores to cease brick and mortar retail activity and close to the public.

Penalty

As for the Stay at Home Directive (50-1-103(2))

What it required

The State's health department, as the agency whose Title 50 authority the Directive invoked, construed the Directive as a binding command ('requires... to cease') to a category of retailers, and did the same for vaping and tobacco businesses on April 9, 2020 (Ex. MT-030); the agency's own reading of its order as mandatory is a governmental statement of the duty.