This is a rapidly evolving public health event, and the SC Department of Health and
Environmental Control takes every new infectious disease seriously.
Municipal Association of SC Resources
Order 2020-10: Restaurant Closures During COVID-19
On March 17, the Governor issued Executive Order 2020-10, which suspends on-premises restaurant service during the COVID-19 crisis. Municipalities should consider the following provisions of State law in enforcing the Order:
- The order incorporates a broad definition that
includes, among other things, restaurants, delicatessens, snack bars, ice
cream parlors, and mobile food establishments (e.g., food trucks). On the
other hand, the order specifically permits take-out and off-premises
sales. Therefore, restaurants and food trucks may continue to sell
prepared foods provided that they are not consumed on-premises.
- The South Carolina Department
of Health and Environmental Control has made clear that it interprets the
order to apply to both indoor and outdoor dining.
- State law authorizes the
Governor to direct law enforcement officers of political subdivisions of
the state to enforce the order (SC Code Section 1-3-440). The order cites
this provision in directing local enforcement.
- Violation of the order is a
misdemeanor subject to a fine of not more than one hundred dollars or
imprisonment for not more than thirty days (SC
Code Section 16-7-10).
- Local law enforcement officers
may treat repeat or continued violations of the Order as separate
- In addition, the order directs
and authorizes local law enforcement to enforce the suspension in the
courts of the state by injunction, mandamus, or other appropriate legal
- For business owners who refuse
to comply, local law enforcement officers may also consider performing a
custodial arrest as they would in responding to defiance of any other law
enforcement directive supported by state or local law.
establishments with a liquor license or beer and wine permit, the South
Carolina Law Enforcement Division has indicated that continued violation of the
order would subject the licensed premises to immediate revocation or suspension
of the holder's permit (SC Code Section
61-4-580). SLED recommends that local law enforcement officers immediately
notify SLED of continued violations so that appropriate administrative action
can be taken.
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