Bill relaxing restrictions on restaurants and bars passes Pa. Senate

Wolf increases restaurant capacities from 25% to 50%

Restrictions on capacity limits and alcoholic beverage sales at Pennsylvania restaurants and bars would relax under a bill that passed the state Senate on Tuesday. Shown here, Sydney and Adam Dean, of Green Spring, WV., dine at Dockside Willies in Wormleysburg. Sept. 8, 2020. Mark Pynes | mpynes@pennlive.com

Legislation won state Senate approval on Tuesday that would relax some of the restrictions imposed on Pennsylvania’s restaurants and bars that have forced some of these establishments to close for good.

House Bill 2513 would set minimum capacity for restaurants and taverns at a minimum of 50% and would allow them to go beyond that if their premises allows while complying with social distancing, masks and other safety precautions recommended by the Centers for Disease Control and Prevention and state Department of Health.

Further, it would remove Gov. Tom Wolf’s administration’s ban on bar services, allowing patrons to once again sit at the bar. It also would remove his requirement for meal purchases when buying an alcoholic beverage.

The bill, which passed the Senate by a bipartisan 43-6 vote, now must return to the House for concurrence on changes the Senate made. Its earlier version, sponsored by Rep. Garth Everett, R-Lycoming County, passed the House in May by a 117-85 vote, with limited Democratic support.

This action by the Senate comes a day after the governor’s administration raised the capacity limit on indoor dining from 25% to 50% if they fill out a self-certification document. His administration also extended the hours when alcohol can be purchased to 11 p.m., from 10 p.m., but customers must finish their last drink by midnight.

Sen. Pat Stefano, R-Fayette County, who chairs the Senate Law and Justice Committee, said this bill will provide assistance to the food service industry that has been hindered by what he called the Wolf Administration’s “arbitrary and burdensome regulations and restrictions” to control the spread of COVID-19.

"Over the past six months, I have spoken with hundreds of owners of restaurants and taverns, hotels, producers, and event venues. They have all echoed the same message; no business in this industry can sustain operations at the current capacity,” Stefano said in his remarks on the Senate floor.

He noted the state’s Independent Fiscal Office’s estimation that more than 134,000 food service workers lost their job this year.

He said this bill “will allow businesses to strike a balance between ensuring safety and ensuring survival.”

Sen. Kristen Phillips-Hill, R-York County, said in a statement, “These small businesses are critical employers and have been unfairly targeted by this governor while corporate owned big box stores operate with no restrictions, time limits or arbitrary metrics. The Senate sent a very loud and bipartisan voice to the governor that his unilateral mandates unfairly target these entities.”

Sen. Art Haywood, D-Philadelphia, was one of the six Democrats to oppose the bill. He said he recognizes the suffering the pandemic-related restrictions have had on restaurants and bars and that “alcohol sales make up a significant proportion of revenue for restaurants.” However, he also noted that how COVID-19 has contributed to the deaths of many of his neighbors.

He said none of the restaurant and bar workers he has spoken with asked for the expansion of the rules that this bill provides. Instead, Haywood said they have expressed fear that patrons will show up not wearing masks and “Then what are they to do? They’re not TSA officers. They don’t have any weapons or any other weapons to protect themselves.”

Haywood said state Health Secretary Dr. Rachel Levine has indicated she is willing to consider further accommodations to help restaurants and bars as the public health risk subsides.

For now, he said, “Further opening may only exacerbate the pandemic and put us in a position where we have more community spread."

Meanwhile, Chuck Moran, executive director of the Pennsylvania Licensed Beverage and Tavern Association, thanked the Senate for its passage of the bill He said the industry he represents continues to play its role in battling the coronavirus.

“It has been the tip of the spear since day one of the battle, and has sacrificed the most of any industry,” Moran said. “Industry casualties are mounting as more establishments close their doors and employees lose their jobs. The industry and its employees desperately need this type of help. HB 2513 is a safe step in the right direction."

The House is coming into session on Wednesday when it could consider a concurrence vote on the Senate-amended version of the bill.

Jan Murphy may be reached at jmurphy@pennlive.com. Follow her on Twitter at @JanMurphy.

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