Regular Session 2019-2020 House Bill 2513 P.N. 4340

SENATE AMENDED

PRIOR PRINTER'S NOS. 3750, 3778

PRINTER'S NO. 4340

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2513

Session of

2020

INTRODUCED BY EVERETT, IRVIN, TOPPER, SCHLEGEL CULVER, TOBASH,

BERNSTINE, PICKETT, DRISCOLL, WHEELAND, RYAN, MIHALEK,

KAUFFMAN, CAUSER, HAHN, STRUZZI, BARRAR, SCHMITT, JAMES,

GROVE, MASSER, FEE, MOUL, ZIMMERMAN, KEEFER, JOZWIAK, GAYDOS,

MILLARD, SAYLOR, DeLUCA, NELSON, RIGBY, NEILSON, STAATS,

FARRY, ROAE, THOMAS, MURT, DOWLING, ECKER, QUINN, HICKERNELL

AND GLEIM, MAY 13, 2020

SENATOR STEFANO, LAW AND JUSTICE, IN SENATE, AS AMENDED,

SEPTEMBER 8, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," providing for establishment indoor space

operation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE I-A

ESTABLISHMENT INDOOR SPACE OPERATION

ESTABLISHMENT OPERATION

(A) ESTABLISHMENT INDOOR SPACE OPERATION

Section 101-A. Definitions.

The following words and phrases when used in this article

SUBARTICLE shall have the meanings given to them in this section

unless the context clearly indicates otherwise:

"Designated county." A county designated by executive order

in the yellow or green phase of reopening.

"COVID-19 DISASTER EMERGENCY." THE PROCLAMATION OF DISASTER

EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT

50 PA.B. 1644 (MARCH 21, 2020), AND ANY RENEWAL OF THE STATE OF

DISASTER EMERGENCY.

"Establishment." As follows:

(1) The term includes the following when located in a

designated county :

(i) A restaurant, bar , HOTEL or private club which

serves food and beverages.

(ii) Brewpubs, breweries, wineries and distilleries.

(II) A BREWPUB, BREWERY, WINERY OR DISTILLERY.

(III) AN EVENT VENUE.

(2) The term shall not include a night club, music or

entertainment venue.

"EVENT VENUE." AS FOLLOWS:

(1) THE TERM INCLUDES A BANQUET HALL, PRIVATE CLUB OR

ESTABLISHMENT WHICH REGULARLY HOLDS EVENTS.

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(2) THE TERM SHALL NOT INCLUDE A NIGHT CLUB OR MUSIC

VENUE.

Section 102-A. Operation.

An establishment with inside seating in existence on the

effective date of this section may, beginning on the effective

date of this section, begin operation on the inside seating

portion of the establishment.

Section 103-A. Requirements.

(a) Applicability.--This section shall apply to an

establishment operating under section 102-A.

(b) Guidelines.--

(1) Except as provided under paragraph (2), an

establishment shall follow guidelines issued by the Centers

for Disease Control and Prevention and the Commonwealth

regarding business and building operations.

(2) An establishment may, consistent with guidelines

issued by the Centers for Disease Control and Prevention and

the Commonwealth regarding business and building operations,

use suitable barriers in addition to social distancing

requirements.

extent possible, follow applicable practices of the:

(1) National Restaurant Association's Guide for the

Restaurant Industry, titled "COVID-19 Reopening Guidance,"

published April 22, 2020 ; and

(2) United States Food and Drug Administration's Best

Practices for Retail Food Stores, Restaurants, and Food Pick-

Up/Delivery Services During the COVID-19 Pandemic.

(d) Limitation.--An establishment may not use more than 50%

of the establishment's seating capacity during operation.

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(B) GUIDELINES.--THE FOLLOWING SHALL APPLY:

(1) AN ESTABLISHMENT SHALL BE PERMITTED TO OPERATE AT A

MINIMUM OF 50% CAPACITY FOR INDOOR DINING WITH SOCIAL

DISTANCING CONSISTENT WITH GUIDELINES ISSUED BY THE CENTERS

FOR DISEASE CONTROL AND PREVENTION AND THE COMMONWEALTH OR

MAINTAIN PHYSICAL BARRIERS.

(2) AN ESTABLISHMENT MAY BE PERMITTED TO OPERATE ABOVE

50% CAPACITY FOR INDOOR DINING IF ALLOWED BY THE GUIDELINES

ISSUED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND

THE COMMONWEALTH OR MAINTAIN PHYSICAL BARRIERS.

SECTION 104-A. PROHIBITION ON MEAL REQUIREMENT TO PURCHASE

ALCOHOLIC BEVERAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,

AN ESTABLISHMENT SHALL NOT BE SUBJECT TO AN EXECUTIVE ORDER

DURING THE COVID-19 DISASTER EMERGENCY WHICH:

(1) REQUIRES THE PURCHASE OF A MEAL TO BUY ALCOHOLIC

BEVERAGES.

(2) PROHIBITS BAR SERVICE FOR FOOD AND BEVERAGES.

Section 104-A 105-A . Expiration.

This article SUBARTICLE shall expire upon termination or

expiration of the declaration of disaster emergency issued by

the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March

21, 2020) COVID-19 DISASTER EMERGENCY .

(B) OUTDOOR SPACE OPERATION

SECTION 110-A. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BOARD." AS DEFINED UNDER SECTION 102 OF THE LIQUOR CODE.

"LIQUOR CODE." THE ACT OF APRIL 12, 1951 (P.L.90, NO.51),

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KNOWN AS THE LIQUOR CODE.

SECTION 111-A. OUTDOOR SPACE OPERATION.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO

THE AUTHORITY SPECIFIED IN SECTION 462 OF THE LIQUOR CODE,

DURING THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE

GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21,

2020), AND ANY RENEWAL OF THE STATE OF DISASTER EMERGENCY, THE

FOLLOWING SHALL APPLY:

(1) UPON RECEIPT OF A REQUEST FROM A CLUB, CATERING

CLUB, RESTAURANT, RETAIL DISPENSER, HOTEL, LIMITED

DISTILLERY, DISTILLERY, BREWERY OR LIMITED WINERY LICENSED

UNDER THE LIQUOR CODE, THE BOARD MAY TEMPORARILY EXTEND THE

LICENSED PREMISES OF THE APPLICANT TO INCLUDE ANY OUTSIDE

SERVING AREA THAT IS:

(I) IMMEDIATELY ADJACENT TO THE EXISTING LICENSED

AREAS; OR

(II) NONCONTINUOUS AND WITHIN 250 FEET OF THE MAIN

LICENSED BUILDING.

(2) THE BOARD SHALL GRANT IMMEDIATE OPERATING AUTHORITY

TO THE APPLICANT TO USE THE OUTSIDE SERVING AREA SUBJECT TO

THE REQUEST WHILE THE BOARD PROCESSES THE REQUEST.

(3) THE OPERATING AUTHORITY SHALL EXPIRE AT THE EARLIEST

OF ANY OF THE FOLLOWING:

(I) A VALID PROTEST IS RECEIVED.

(II) THE BOARD DETERMINES THAT THE PROPOSED AREA

DOES NOT MEET THE REQUIREMENTS OF THIS ACT AND BOARD

REGULATIONS FOR THE LICENSING OF THE AREA IN QUESTION.

(III) THE STATE OF DISASTER EMERGENCY IS TERMINATED

OR EXPIRES UNDER 35 PA.C.S. § 7301(C) (RELATING TO

GENERAL AUTHORITY OF GOVERNOR).

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(4) NO FILING FEE SHALL BE REQUIRED FROM THE APPLICANT.

(5) THE BOARD MAY REQUIRE THE APPLICANT TO PROVIDE ANY

INFORMATION THAT THE BOARD DEEMS RELEVANT.

(6) AN OUTDOOR SERVING AREA APPROVED UNDER THIS

SUBSECTION MAY ONLY BE UTILIZED FOR PURPOSES OF OUTDOOR

DINING AND MAY NOT INCLUDE A KITCHEN OR A BAR.

Section 2. This act shall take effect immediately.

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