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A00868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
977
Session of
2021
INTRODUCED BY MILLARD, STAMBAUGH, SILVIS, KAUFFMAN, RYAN,
CAUSER, KULIK, KNOWLES, PICKETT, ROTHMAN, LEWIS DELROSSO,
SMITH, POLINCHOCK, HERSHEY, PYLE, STAATS, COX, SAYLOR, MOUL,
KEEFER, HAMM, JONES, MENTZER, ZIMMERMAN, ROWE, WHEELAND AND
DAVANZO, MARCH 19, 2021
REFERRED TO COMMITTEE ON COMMERCE, MARCH 19, 2021
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in COVID-19 disaster emergency
Commonwealth Services, providing for certain restrictions
prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5702 7309 . Certain restrictions prohibited.
(a) General rule.--Notwithstanding the provisions of section
7301 (relating to general authority of Governor) this chapter or
any other law to the contrary, during the COVID-19 disaster
emergency, a declaration of disaster emergency under section
7301(c) (relating to general authority of Governor), neither the
Commonwealth nor any municipality may restrict or impose a
limitation through an executive order, proclamation, regulation,
resolution or ordinance or other official action on the number
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of individuals who may lawfully gather or assemble in a
restaurant or other eating place an establishment in this
Commonwealth or the time periods for the sale or service of
alcohol for a licensee licensed under the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code.
(b) Nonapplicability.--Subsection (a) shall not apply to
occupancy permits in this Commonwealth or liquor license
restrictions under the Liquor Code or other law issued prior to
March 6, 2020, a declaration of disaster emergency under section
7301(c), insofar as the occupancy permits place a maximum
limitation of the number of individuals permitted to occupy a
premises under subsection (a) or a license under the Liquor Code
imposes restrictions on the duration or time of sale of alcohol.
(c) Operations.--During a declaration of disaster emergency
under section 7301(c), an establishment:
(1) shall adhere to Federal and State guidelines to
protect the establishment's customers and employees;
(2) may maintain the establishment's employees as
necessary to support taking of orders through a publicly
accessible Internet website or application, via telephone or
by other means, when personal interaction is limited; and
(3) may prohibit cash payments for transactions if
necessary to provide safety to the establishment's customers.
(d) Definitions.--As used in this section, the term
"establishment" means any of the following:
(1) A restaurant, bar, hotel or private club which
serves food and beverages.
(2) A brewpub, brewery, winery or distillery.
(3) An event venue.
Section 2. This act shall take effect immediately.
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