Skip to content
The COVID Project
  1. Library
  2. Ohio
  3. OH-031

Ex. OH-031 Order Primary source read

Executive Order 2020-30D and Ohio Adm. Code 4301:1-1-80 (emergency rule)

The Rescission of Executive Order 2020-10D and Emergency Adoption of Rule 4301:1-1-80 of the Ohio Administrative Code by the Liquor Control Commission

Governor Mike DeWine (Executive Order 2020-30D) authorizing the Ohio Liquor Control Commission's emergency adoption of Ohio Adm. Code 4301:1-1-80 ('Rule 80') · Ohio (Sector regulator)

The COVID Project

The record

Jurisdiction
Ohio
Level
Sector regulator
Authority
R.C. 119.03(G); R.C. 4301.03
Issued
2020-07-31 July 31, 2020
Effective
2020-07-31 (rule effective upon filing) (read as 2020-07-31)
End
2020-11-29 (automatic expiration of the 120-day emergency rule, R.C. 119.03(G)(1); Highland Tavern, L.L.C. v. DeWine, 2023-Ohio-2577, para. 4, Ex. OH-091) (read as 2020-11-29)
In force
July 31, 2020 to Nov. 29, 2020
Quarters
2020 Q32020 Q4
Limitation types
Curfew and hoursAlcohol and bars
Addressees
  • all liquor permit holders authorized to sell alcoholic beverages for on-premises consumption
Functions reached
  • BA bar and alcohol service (hours cut)
  • DR late dining
  • PE live entertainment venues with permits
  • CB
Collection
Ohio OH

Operative words

[EO 2020-30D] I have determined, upon the request of the Liquor Control Commission, that an emergency exists requiring the immediate adoption of rule 4301:1-1-80 of the Ohio Administrative Code. I hereby order that the procedures prescribed by Section 119.03 of the Ohio Revised Code with respect to the adoption of the specified rule be suspended and that the Liquor Control Commission be permitted to adopt the rule immediately... I signed this Executive Order on July 31, 2020... and it will expire one hundred twenty (120) days from the effective date of the emergency rule... [Rule 80 as recited by the Supreme Court of Ohio, Ex. OH-091 para. 3] The rule limited the permitted times for the sale and on-premises consumption of alcoholic beverages, requiring that sales cease at 10:00 p.m. and that on-premises consumption cease at 11:00 p.m. See former Ohio Adm.Code 4301:1-1-80(A)(1) and (2), 2020-2021 Ohio Monthly Record 2-61, effective July 31, 2020.

Enforcement

Liquor Control Commission citation and permit revocation (Highland Tavern's permits were revoked for three Rule 80 violations, Ex. OH-091 paras. 5-8)

Notes

Cutoff ran to February 2021 is corrected: Rule 80 expired Nov. 29, 2020; from Nov. 19, 2020 to Feb. 11, 2021 the Stay at Home Tonight curfew governed nighttime hours (Ex. OH-039 to OH-042).

Retrieval note

Scanned EO; both pages read visually. The rule's text is verified from the Supreme Court's recital (Ex. OH-091).