Essential Business Employee Notice Form - 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. Under 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 grants enforcement to State and local law enforcement, to the extent set forth in Ohio law, as well as local health departments. We’ve received many inquires regarding whether there is a requirement that employees of “Essential Businesses” be required to carry some type of authorization their travel is permitted by the Order. Our understanding of the Order is that such authorization is NOT required to travel as permitted by the Order.

However, we developed an Essential Business Employee Notice Form for certain Essential Businesses that either 1) hold an A-1c permit issued by the Ohio Division of Liquor Control, 2) deliver food and alcoholic beverages to consumers, and/or 3) are restaurants or other facilities that prepare and serve food for off-premises consumption through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up, and carry-out. Hopefully, this will answer any questions from enforcement agencies should your employees be questioned regarding their travel. The form can be downloaded here.

As always, 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.