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Ex. OH-091 Order Primary source read

Highland Tavern, L.L.C. v. DeWine, 173 Ohio St.3d 59, 2023-Ohio-2577 (decided Aug. 1, 2023)

Highland Tavern, L.L.C. v. DeWine

Supreme Court of Ohio · Ohio (Court)

The COVID Project

The record

Jurisdiction
Ohio
Level
Court
Authority
Ohio Const. art. IV
Issued
2023-08-01 Aug. 1, 2023
Effective
n/a (read as 2023-08-01)
End
n/a
In force
Aug. 1, 2023 (no end date recorded; counted as in force for 120 days)
Limitation types
Alcohol and bars
Addressees
  • n/a (judicial opinion reciting Rule 80's adoption, terms, enforcement and expiration)
Functions reached
  • BA bar hours (evidence of Rule 80's terms and dates)
Collection
Ohio OH

Operative words

{para. 3} Within the first few months of the pandemic, appellee Ohio Liquor Control Commission adopted an emergency rule restricting these statutorily permitted hours of sale and on-site consumption of alcoholic beverages. This rule was codified as Ohio Adm.Code 4301:1-1-80, known at the time as 'Rule 80.' Rule 80 applied to all liquor-permit holders who were authorized to sell alcoholic beverages for on-premises consumption. 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.... {para. 4}... the rule took effect immediately upon the filing of the final rule on July 31, 2020.... By operation of law pursuant to R.C. 119.03(G)(1), Rule 80 could remain in effect for only 120 days, causing its automatic expiration on November 29, 2020.

Enforcement

Recites the Commission's revocation of Highland Tavern's permits for three Rule 80 violations

Notes

Post-period judicial record used to verify the text and dates of Rule 80 (Ex. OH-031).