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Ex. UT-058 Order Primary source read

Executive Order 2020-21

Suspending Enforcement of Utah Code 32B-5-309 Regarding Ceasing Operation of Certain Retail Licensees

Governor Gary R. Herbert · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Utah Code 53-2a-209(4); 53-2a-204(1)(b)
Issued
2020-05-08 May 8, 2020
Effective
2020-05-08 (immediately); retroactive to licensees that closed on or after Mar. 15, 2020 (read as 2020-05-08)
End
Until the emergency declared in EO 2020-1 terminated (Aug. 20, 2020); reauthorized by EO 2020-54 (Aug. 20) and 2020-66 (Sept. 19, 2020) (read as 2020-08-20)
In force
May 8, 2020 to Aug. 20, 2020
Quarters
2020 Q22020 Q3
Limitation types
Alcohol and barsOther
Addressees
  • DABC retail licensees (bars, restaurants and other on-premise licensees)
  • Department of Alcoholic Beverage Control
Functions reached
  • BA bars and licensed restaurants (closures recognized; licenses preserved)
  • ALC regulator's recital that health orders restricted licensees' operation
Collection
Utah UT

Operative words

WHEREAS, Utah Code 32B-5-309 prohibits certain retail licensees that serve alcoholic beverages from closing or ceasing operation for a period longer than 240 hours without notifying and receiving approval from the Department of Alcoholic Beverage Control (DABC); WHEREAS, to mitigate the spread of COVID-19, state and local health authorities have issued health orders restricting the operation of businesses and restaurants, including retail licensees governed by Utah Code 32B-5-309; WHEREAS, the economic impact of COVID-19 and related health orders has caused and is expected to cause some retail licensees... to close or cease operation for a period longer than 240 hours;... NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement of Utah Code 32B-5-309. The suspension of enforcement of Utah Code 32B-5-309 applies retroactively to any retail licensee that closed or ceased operation on or after March 15, 2020.

Enforcement

Suspension of a licensing statute under 53-2a-209(4)

Notes

The Governor's own finding that 'health orders restricting the operation of businesses and restaurants' caused licensees to cease operation from Mar. 15, 2020; EO 2020-4 (Apr. 1, 2020) suspended DABC rule R82-2-201 on liquor returns for closed licensees (read, not saved).