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Ex. DUT-WV-018 Standing duty Primary source read

A Guide to Safely Opening Restaurants and Bars (issued May 19, 2020)

A Guide to Safely Opening Restaurants and Bars: 50 percent indoor seating; six-foot spacing; bar service; screening; face coverings; cleaning; licensing consequence of non-adherence

Office of Governor Jim Justice ('West Virginia Strong -- The Comeback') · West Virginia (State)

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The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Office of the Governor, West Virginia Strong -- The Comeback, A Guide to Safely Opening Restaurants and Bars (May 19, 2020)
Issued
2020-05-19 May 19, 2020
Effective
2020-05-21 (restaurants) and 2020-05-26 (bars): 'these guidelines will replace all previously issued state guidance' (read as 2020-05-21)
End
Seating caps raised to 75 percent Feb. 20, 2021 (EO 6-21; Ex. WV-058) and to 100 percent subject to distancing Mar. 6, 2021 (EO 8-21; Ex. WV-060); framework terminated Apr. 20, 2021 (EO 12-21; Ex. WV-063) (read as 2021-02-20)
In force
May 21, 2020 to Feb. 20, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Gathering capWorkplace rulesOperating conditionOther
Addressees
  • specified businesses: restaurants, bars and 'other facilities that prepare and serve food and/or drinks' reopened under EO 39-20 and EO 40-20
Character
guidance incorporated
Collection
Standing duties: West Virginia DUT-WV

Operative words

Failure to adhere to these guidelines may result in suspension of a restaurant's or bar's license to operate or its ABCA license... Limit indoor occupancy to 50% of seating capacity.... Clear paths must be designed... without breaking the six (6) feet social-distancing barriers.... No live music, and all... playgrounds shall remain closed.

Penalty

Suspension of the establishment's license to operate or its ABCA license 'and/or other appropriate enforcement measures'; EO 9-20 para. 7 enforcement

What it required

Recorded verb by verb: mandatory ('Limit indoor occupancy to 50% of seating capacity'; service from the bar 'is prohibited' until May 26; 'Clear paths must be designed'; 'Enforce social distancing for those not residing together'; 'playgrounds shall remain closed'; face 'coverings shall be cleaned or replaced daily'; cleaning protocols 'shall include EPA-approved disinfectants'; 'silverware must be pre-rolled'; 'restaurants must place' trash bins); recommended ('bar seating should be spaced'; disposable menus 'strongly encouraged'; employees 'are encouraged to take their temperature'; 'Drinks should be served in cans or bottles'); daily symptom screening of all employees with five specified questions; and the consequence clause that non-adherence 'may result in suspension of a restaurant's or bar's license to operate or its ABCA license, as applicable, and/or other appropriate enforcement measures.' Businesses 'are allowed and encouraged to implement more stringent protocols.'

Retrieval note

The incorporation clause is in EO 40-20 para. c (Ex. WV-034), which conditioned on-premises service on operating 'in accordance with the applicable guidelines for restaurants... including a limitation on indoor seating occupancy of 50%.' The guide states that its guidelines apply 'in addition to the guidelines established by the Centers for Disease Control (CDC).'.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.