A-1c Permit Holders are Essential Businesses Under Ohio's Stay at Home Order
On March 22, 2020, Dr. Amy Acton, Director of Health for the Ohio Department of Health (ODH) executed a “Stay at Home Order” (Order) that all persons stay at home unless engaged in “Essential Work or Activity.” The Order is effective 11:59 pm on March 23, 2020 and remains in full force an effect until 11:59 pm on April 6, 2020.
Based upon our interpretation of the Order, Ohio’s craft breweries (those holding A-1c permits) are considered “Essential Businesses” and are permitted to continue making beer, sell food and beer for off premises consumption via carryout, and sell food and beer for off premise consumption via home delivery.
The Order defines “Essential Businesses and Operations” to include the following:
12(c). Food, beverage, and licensed marijuana production and agriculture. Food and beverage manufacturing, production, processing, . . .
12(l). Mail, post, shipping, logistics, delivery, and pick-up services. . . . business that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods, vehicles or services to end users or through commercial channels.
12(o). Restaurants for consumption off-premises. Restaurants and other facilities that prepare and serve food, but only for consumption off-premises, through such means as in-house delivery, third-party delivery, drive through, curbside-pick-up, and carry-out. . . This Order is consistent with and does not amend or supersede prior Orders regarding the closure of restaurants.
Any travel related to the provision of Essential Businesses and Operations is considered “Essential Travel” under the Order (#14).
All Essential Businesses and Operations must take proactive measures to ensure compliance with Social Distancing Requirements (#15) at all times (including during Essential Travel), including where possible:
Maintaining at least 6-foot distancing from other individuals, and designating with signage, tape, or by other means six-foot spacing for employees and customers in line.
Washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer.
Having hand sanitizer and sanitizing products readily available for employees and customers.
Implementing separate operating hours for elderly and vulnerable customers.
Covering coughs or sneezes (into sleeve or elbow, not hands).
Regularly cleaning high touch surfaces.
Not shaking hands.
Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.
We will continue to post updates as they are available. Please feel free to reach out to Kevin (kevin@ohiobeercounsel.com or kconnell@bcvalaw.com) or Adam (adam@ohiobeercounsel.com or aarmstrong@bcvalaw.com) with questions.
Cheers and stay safe!