The Emergency Adoption of Rule 4301:1-13 of the Ohio Administrative Code by the Liquor Control Commission
WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person. The virus is spread between individuals who are in close contact with each other (within about six feet) through respiratory droplets produced when an infected person coughs or sneezes. It may be possible that individuals can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose or eyes; and
WHEREAS, on January 31, 2020, Health and Human Services Secretary, Alex M. Azar II, declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19; and
WHEREAS, on March 9, 2020, testing by the Department of Health confirmed that three (3) patients were positive for COVID-19 in the State of Ohio. This confirmed the presence of a potentially dangerous condition which may affect the health, safety and welfare of citizens of Ohio; and
WHEREAS, on March 9, 2020, I declared a State of Emergency in Executive Order 2020-01D; and
WHEREAS, on March 15, 2020, the Ohio Department of Health Director signed a Public Health Order limiting the sale of food and beverages, liquor, beer, and wine to carry-out and delivery only; and
WHEREAS, Section 4301.03 of the Ohio Revised Code authorizes the Liquor Control Commission to promulgate rules and orders providing in detail for the conduct of any retail business authorized under permits issued pursuant to Chapters 4301 and 4303 of the Ohio Revised Code; and
WHEREAS, Section 119.03 (G) of the Ohio Revised Code authorizes the Governor, on the request of a State agency, to suspend the normal rule making procedures with respect to specific rules when an emergency exists necessitating the immediate adoption, amendment or rescission of such rules. When such a determination is made, the agency may immediately adopt, amend or rescind such rules, but the rules are only valid for one hundred and twenty (120) days; and
WHEREAS, the Liquor Control Commission has requested a determination whether an emergency exists that requires the adoption of rule 4301:1-1-13 on an emergency basis and that would therefore permit the Liquor Control Commission, pursuant to Section 4301.03 of the Ohio Revised Code, to make an immediate and necessary adoption of the rule.
NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, have determined, upon the request of the Liquor Control Commission, that an emergency exists requiring the immediate adoption of rule 4301:1-1-13 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 by filing it electronically with the Secretary of State, the Director of the Legislative Service Commission, and the Joint Committee on Agency Rule Review (“JCARR”).
Furthermore, I hereby order that this Executive Order be filed in electronic form with the Liquor Control Commission, the Secretary of State, the Director of the Legislative Service Commission, and JCARR.
I signed this Executive Order on April 7, 2020, in Columbus, Ohio, and it will expire one hundred twenty (120) days from the effective date of the emergency rule, or upon the adoption of the rule through the normal JCARR process, whichever is sooner.
Mike DeWine, Governor
Frank LaRose, Secretary of State