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Ex. DUT-WV-028 Standing duty Primary source read

Executive Order 8-21, § 2 para. c (cross-reference to Ex. WV-060; not re-saved)

Restaurants and bars up to 100 percent of seating, but occupancy 'must be limited to the extent necessary to allow for proper social distance between common groups'

Governor Jim Justice · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Exec. Order 8-21 § 2(c) (W. Va. Mar. 5, 2021) (Ex. WV-060)
Issued
2021-03-05 Mar. 5, 2021
Effective
2021-03-06 12:01 a.m. (read as 2021-03-06)
End
Formally terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21 para. 1) (read as 2021-04-20)
In force
Mar. 6, 2021 to Apr. 20, 2021
Quarters
2021 Q12021 Q2
Limitation types
Operating conditionOther
Addressees
  • specified businesses: restaurants, bars and other food-and-drink facilities
Character
order operating condition
Collection
Standing duties: West Virginia DUT-WV

Operative words

provided, that the occupancy of persons that may be indoors at such restaurant, bar, or other facility must be limited to the extent necessary to allow for proper social distance between common groups at such facility, up to 100% of such facility's seating capacity to the extent that square footage and the number of seats and tables, and the spacing of seats and tables, permits.

Penalty

EO 9-20 para. 7 enforcement

What it required

Even at the last stage of reopening, indoor occupancy remained conditioned on distancing between common groups; the lifting of the numerical cap did not lift the condition. The verb is 'must be limited.'

Retrieval note

Shows the conditional form persisting through the first quarter of 2021 and into the second.