Regular Session 2019-2020 House Bill 2832 P.N. 4397

PRIOR PRINTER'S NO. 4311

PRINTER'S NO. 4397

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2832

Session of

2020

INTRODUCED BY DOWLING, KAUFFMAN, RYAN, ECKER, PYLE, KULIK, ROWE,

TOPPER, SNYDER, BERNSTINE, WARNER, SCHMITT, CAUSER, COX,

REESE, DUNBAR, MIHALEK, PUSKARIC, O'NEAL, COOK, GAYDOS,

STRUZZI, MIZGORSKI, MILLARD, HICKERNELL, MULLERY, HERSHEY,

SAYLOR, GLEIM, KORTZ, MUSTELLO, HEFFLEY, POLINCHOCK,

MACKENZIE, JOZWIAK AND M. K. KELLER, AUGUST 31, 2020

AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 17, 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 event venue indoor space

operation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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-B

EVENT VENUE INDOOR SPACE FACILITY OPERATION

Section 101-B. Definitions.

The following words and phrases when used in this article

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.

"Establishment." As follows:

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

designated county:

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

food and beverages.

(ii) A brewpub, brewery, winery or distillery.

(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 when located in a

designated county.

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

venue.

"PERFORMANCE VENUE." AS FOLLOWS:

(1) THE TERM INCLUDES ANY LOCATION AT WHICH CONCERTS,

MUSICAL PERFORMANCES OR DRAMAS TAKE PLACE BEFORE A PUBLIC

AUDIENCE.

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

FESTIVAL VENUE.

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"SPORTS FACILITY." A SPORTING VENUE AT WHICH SPORTS TEAMS

THAT ARE NOT AFFILIATED WITH A SCHOOL TRAIN OR COMPETE BEFORE A

PUBLIC AUDIENCE.

Section 102-B. Operation.

An event venue (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER

SUBSECTION (B), A SPORTS FACILITY OR PERFORMANCE VENUE 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 event

venue. SPORTS FACILITY OR PERFORMANCE VENUE.

(B) EXCEPTION.--A SCHOOL DISTRICT WHICH OPERATES A SPORTS

FACILITY SHALL APPROVE ITS OPERATION UNDER SUBSECTION (A) PRIOR

TO USE OF THE SPORTS FACILITY'S INSIDE SEATING PORTION.

Section 103-B. Requirements.

(a) Applicability.--This section shall apply to event venues

SPORTS FACILITIES AND PERFORMANCE VENUES operating under section

102-B.

(b) Guidelines.--The following shall apply:

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

venue SPORTS FACILITIES AND PERFORMANCE VENUES shall follow

guidelines issued by the Centers for Disease Control and

Prevention and the Commonwealth regarding business and

building operations.

(2) An event venue A SPORTS FACILITY OR PERFORMANCE

VENUE 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.

OR PERFORMANCE VENUE shall, to the extent possible, follow

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applicable practices of the:

(1) The World Health Organization's mass gathering

guidance, titled "Key planning recommendations for mass

gatherings in the context of COVID-19," published May 29,

2020.

(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. THE WORLD

HEALTH ORGANIZATION'S MASS GATHERING GUIDANCE, TITLED "KEY

PLANNING RECOMMENDATIONS FOR MASS GATHERINGS IN THE CONTEXT

OF COVID-19," PUBLISHED MAY 29, 2020.

(d) Limitation.-- An event venue A SPORTS FACILITY OR

PERFORMANCE VENUE may not use more than 50% of the event venue's

SPORTS FACILITY'S OR PERFORMANCE VENUE'S seating capacity during

operation.

Section 104-B. Expiration.

This article 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).

Section 2. This act shall take effect immediately.

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