PRINTER'S NO. 4355
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2860
Session of
2020
INTRODUCED BY OWLETT, CAUSER, SAYLOR, OBERLANDER, SAINATO, COX,
BROOKS, MILLARD, RYAN, ROTHMAN, BARRAR, BERNSTINE, COOK,
ROWE, HERSHEY, KAUFFMAN, TOOHIL, TOEPEL, THOMAS, DAVANZO,
SCHEMEL, GREGORY, KORTZ, HEFFLEY, RADER, GABLER, MENTZER,
KLUNK, NELSON, RIGBY, GLEIM, EVERETT AND ROZZI,
SEPTEMBER 14, 2020
REFERRED TO COMMITTEE ON COMMERCE, SEPTEMBER 14, 2020
AN ACT
Providing for the the restoration of indoor capacity for
restaurants, bars and similar places of public accommodation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hospitality
Industry Restoration Act.
Section 2. Purpose.
The purpose of this act is to provide clear standards for the
restoration of indoor service at restaurants, bars and similar
places of public accommodation during the COVID-19 disaster
emergency.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"COVID-19." The coronavirus disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
"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.
"Department." The Department of Health of the Commonwealth.
"Fire code maximum occupancy." The greatest number of
individuals permitted to be present in an indoor space at a time
as determined by a municipal building code official, a certified
third party in municipalities without a building code official
or the Bureau of Occupational and Industrial Safety within the
Department of Labor and Industry.
"Occupancy." The total number of individuals present at one
time within a restaurant, bar or similar place of public
accommodation, including employees and volunteers providing
accommodations to patrons and guests.
"Similar place of public accommodation." An indoor location
at which the consumption of food or beverages for remuneration
is the primary purpose.
Section 4. Restoration of indoor capacity.
(a) Restoration requirements.--A restaurant, bar or similar
place of public accommodation may offer hospitality to patrons
indoors at the following indoor occupancy capacities:
(1) The occupancy may be at 100% of the stated fire code
maximum occupancy for indoor dining if there have been no
incidents of community transmission in the county in the
preceding 14 days.
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(2) The occupancy may be at 75% of the stated fire code
maximum occupancy for indoor dining if the incidence rate for
community transmission over the most recent seven-day period
in the county is less than 10 per 100,000 residents and the
percent of positivity among those tested in the county is
less than 5% over the most recent seven-day period.
(3) The occupancy may be at 50% of the stated fire code
maximum occupancy for indoor dining if the incidence rate for
community transmission over the most recent seven-day period
in the county is between 10 and 99 per 100,000 residents or
if the percent of positivity among those tested in the county
is between 5% and 9% over the most recent seven-day period.
(4) The occupancy may be at 25% of the stated fire code
maximum occupancy for indoor dining if the incidence rate for
community transmission over the most recent seven-day period
in the county is 100 or more per 100,000 residents or if the
percent of positivity among those tested in the county is
greater than or equal to 10% over the most recent seven-day
period.
(b) Required testing method.--The following apply:
(1) The test used to determine the rate of community
transmission and the percentage of positivity among those
tested must be a laboratory test in which it is determined if
an individual patient has an active COVID-19 virus in bodily
fluids or secretions, including a polymerase chain reaction
(PCR) analysis.
(2) Serology tests for which antibodies are determined
to be present to show a prior infection may not be included
in the calculation to determine the rate of transmission or
the percentage of positivity among individuals tested.
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(c) Duty of department.--The department shall publish the
following information on the department's publicly accessible
Internet website on a daily basis:
(1) The incidence rate of COVID-19 transmission per
100,000 residents in each county of the Commonwealth over the
most recent seven-day period.
(2) The percent of positivity among individuals tested
in each county of the Commonwealth over the most recent
seven-day period.
Section 5. Effective date.
This act shall take effect immediately.
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