the bulletin · 2020. 9. 21. · the bulletin the official publication of the pennsylvania...

The Bulletin The official publication of the Pennsylvania Federation of

Fraternal and Social Organizations

Protection Through

Legislation Through

Education

Bob Brzezicki

President

Ted Mowatt

Executive Director

908 North Second Street

Harrisburg, PA 17102

Summer 2020

Summer 2020

We’re Back!

If it seems like a while since the last Bulletin, well, it has been. Due to the COVID-19 pandemic, just as most PFFSO member clubs have been shut down, the PFFSO Bulletin production process also has been thrown off. We have tried to communicate as much as possible with members through email updates and through your Board of Directors. We apologize for the lack of information coming in this format. We ap-preciate your continued membership in the organization, and look forward to every-thing getting back to “normal” in the next few months.

We’ve packed a lot in this Bulletin, as you will see as throughout this issue. Your Board and staff have been busy keeping up with all of the updated advisories, re-strictions and legislative activity this spring, mostly related to the pandemic re-sponse. There have been a number of bills passed into law affecting clubs, and a few bills that have made it part way through the legislative process, but need another push to get done in the Senate before the session ends in November.

2020 Convention Meeting Canceled Due to COVID-19, Erie Unit Agrees to Host in 2021; Board Elects Bob Brzezicki New President

One of the many casualties of the COVID-19 pandemic was the PFFSO convention, which had been scheduled for June. In an abundance of caution, and in consultation with the facility, the Board determined that it would be in the best interests of all to cancel the annual gathering at an online meeting on April 26. After exploring the possibility of a virtual business meeting, the Board elected to simply cancel the meeting, due to logistical and security concerns.

The Board held a series of Zoom meetings over the spring and summer, and on July 19, elected a new slate of officers. In the absence of a convention in 2020, the By-laws provision which allows for the Board to elect new officers was invoked. The following were elected:

President – Bob Brzezicki, Erie County

First Vice President – Mike Snyder, Blair County

2nd Vice President – Rick Olvitt, York County

Secretary/Treasurer – Patti Shafer, Beaver County

The new officers were sworn in by Atty. Jim Snell. The Board also reap-pointed Jim Snell Solicitor, and Ted Mowatt, Executive Director, for one year terms. Congratulations and best of luck to all the new officers, and directors.

The Board also approved Erie County Unit to host the 2021 convention, to be held June 4-6, 2021, at the Holiday Inn. Mark your calendars now. More details to follow!

Pennsylvania Liquor Control Board Appoints New Executive Director

The Pennsylvania Liquor Control Board (PLCB) has announced the appointment of Michael Demko as PLCB Executive Director, effective Aug. 8, follow-ing the retirement of Charlie Mooney after more than 39 years of service to the PLCB.

“On behalf of the PLCB, we sincerely thank Charlie for his tireless dedication and commitment to the agency for four decades, including his key leadership during one of the most transformative periods in our agency’s history following the passage of Act 39 of 2016,” said Chairman of the Board Tim Holden. “Charlie’s unparalleled experience with our business and the respect he’s earned over his career from col-leagues throughout the beverage alcohol industry will certainly be missed. We wish Charlie the best in re-tirement and look forward to the new leadership Mi-chael will provide.”

Mr. Demko currently serves as Chief Operating Of-ficer of the PLCB, overseeing the day-to-day opera-tions of the agency and directing core business func-tions related to finance, procurement, wholesale and retail operations, marketing and merchandising, and supply chain. In his new role, Mr. Demko will be re-sponsible for directing the administrative and busi-ness operations of the agency and managing the exec-utive team. He will provide leadership, strategic plan-ning, and recommendations for agency initiatives to the Board.

Prior to his appointment as PLCB Chief Operating Officer in December 2019, Mr. Demko served as Di-rector of Finance for the PLCB. Mr. Demko brings more than 30 years of professional retail, licensing and wholesale experience in accounting, finance, and operations to the PLCB. Before joining the agency in October 2018, he served as vice president/controller of Nine West Holdings, Inc. (formerly the Jones Group), an American designer, marketer, and whole-saler of women’s wear. Prior to that, he worked as a manager and controller in the restaurant industry. He brings with him a solid background focused on finan-cial controllership, strategic planning, forecasting, budgeting, and financial analysis. Mr. Demko’s pri-mary goal is to implement initiatives that streamline overall operations for the agency.

Mr. Demko holds a Bachelor of Science degree in accounting from King’s College and an associate de-gree in Hotel and Restaurant Management from Lu-zerne County Community College. Currently, he serves as an appointed trustee for Unity College in Unity, Maine, as well as a trustee for his local church. Mr. Demko lives in Mountaintop, Luzerne County, with his wife, Jacqueline. They have two adult daughters.

While earning a Bachelor of Science degree in ac-counting from The University of Scranton, Mr. Mooney worked as a part-time liquor store clerk from 1979 to 1984. Upon graduation, he became manager of a PLCB store in Susquehanna County, then grew through store operations positions of increasing re-sponsibility and breadth until joining the PLCB Exec-utive Team as Director of Retail Operations in 2014. Mr. Mooney has served as PLCB Executive Director since November 2016. Over his nearly 40-year career with the PLCB, Mr. Mooney led significant changes and improvements to store operations, including in-troducing in-store tastings and wine specialists to en-hance the customer experience, and rebranding hun-dreds of Fine Wine & Good Spirits stores to make them warm and inviting places to shop. He also pro-vided instrumental leadership following the passage of Act 39 of 2016, which provided for the most com-prehensive reform to Pennsylvania’s beverage alco-hol landscape since Prohibition.

A Linglestown resident and native of Pennsylvania, Mr. Mooney has coached basketball in the Central Dauphin School District and serves on various volun-teer boards associated with youth sports. He and his wife, Mary Ann, have two adult children.

“We’re grateful to Charlie for his distinguished ser-vice to the PLCB, and we thank him for his passion, advocacy, and friendship over the years,” said Hold-en. “While Charlie leaves big shoes to fill, Michael brings tremendous experience and business acumen to his new role, and we believe his outside perspec-tive, integrity, and leadership will be key to the next chapter of PLCB growth and transformation.”

House Republican Policy Committee Holds Hear-ing on COVID-19 mitigation Restrictions in Bars, Restaurants and Clubs

The committee held a public hearing July 28 on how COVID-19 mitigation efforts are impacting restau-rants, bars and clubs across Pennsylvania. Chairman Martin Causer (R-McKean) repor ted that law-makers are hearing from people all over the common-

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wealth about the governor's executive orders, which he described as "unilateral" and "come down to a sit-uation where one-size-fits-all orders are affecting res-taurants, bars and taverns across the commonwealth." He commented, "Quite frankly, we know what works in Philadelphia may not be appropriate for Potter County and vice versa." Chairman Causer said, "To have one-size-fits-all orders is certainly not in the best interests of the commonwealth's residents." He also said that the most current unemployment num-bers in Pennsylvania are 3.5 million unemployed and many are in the restaurant and tavern category. He pointed out that between 2016 and 2019 the total number of people who filed for unemployment was 3.3 million.

Chairman Causer explained the committee would hear from panelists from the Pennsylvania Restaurant and Lodging Association (PRLA), panelists from the Pennsylvania Licensed Beverage and Tavern As-sociation (PLBTA) and finally panelists from the Pennsylvania Federation of Fraternal and Social Organizations (PFFSO). Chairman Causer point-ed out the committee invited Health Secretary Dr. Rachel Levine, but she declined to attend the hearing. He noted she submitted written testimony less than one hour prior to the hearing. Chairman Causer com-mented that it was unfortunate that Sec. Levine re-fused to participate. He also commented that it would have been nice to discuss the governor's order with her and the scientific data that they are basing their decisions on. Chairman Causer noted the committee also invited the Pennsylvania State Police and the Pennsylvania Liquor Control Board (PLCB) but both declined to participate or submit testimony.

John Longstreet, president and CEO, PRLA, be-gan his testimony by pointing out that at the begin-ning of the COVID-19 crisis, PRLA suspended the collection of all dues from hotels, restaurants and all members because the association recognized mem-bers needed cash flow to survive. He said they will continue that protocol until everyone is back up and running. Regarding the governor's order that restau-rants reduce indoor dining capacity from 50 percent to 25 percent, Longstreet commented, "The arbitrary number of 25 percent has no basis in science that we can ascertain." He asserted, "The only significance of the 25 percent number is that it will put restaurants out of business and employees on the streets."

Longstreet told lawmakers, "While we understand the need and urgency in taking steps to mitigate the spread of COVID-19, we are disappointed and frus-trated by the course of action taken by Gov. Tom

Wolf and Sec. Levine in focusing on the restaurant industry, an industry first closed and hardest hit by the pandemic." He stated, "Reduction to 25 percent capacity is essentially the same as eliminating indoor dining entirely and there is no scenario where restau-rants can survive at that level of occupancy." Long-street suggested, "The solution should be enforce-ment and shutting down bars and restaurants not complying with the guidelines rather than punishing those who have been doing it right all along."

Longstreet commented, "It is disappointing and dis-turbing that the governor, despite his commitment to work with PRLA in crafting operating standards, elected not to do so in this crucial decision." He re-ported PRLA worked with the governor's team, which led to the addition of outdoor dining in the yel-low phase and balanced reopening standards during the green phase. Longstreet observed, "Ironically, in one of the very first meetings with the Wolf team we were asked about capacities and pointed out then that 25 percent was unsustainable." He added, "How the number resurfaced two months later is baffling." Longstreet told the committee members, "If there was any real evidence that 25 percent versus 50 percent impacted safety when proper social distancing and face masking is enforced, that would be different." He said, "The only significance of the 25 percent number is that it will ensure that thousands of restau-rants will reclose and hundreds of thousands of res-taurant employees will once again be unemployed."

Longstreet cited a recent national Yelp survey indi-cating that 60 percent of restaurants that shut down temporarily during the pandemic are closed for good. He reported, "In Pennsylvania we estimate, based on the number of temporary closures during the shut-down, that at 25 percent occupancy capacity, 50 per-cent of the restaurants will be forced to close tempo-rarily, and according to last week's Yelp survey, that means that in Pennsylvania 7,500 restaurants will close permanently. The real tragedy is that will lead to 175,000 dedicated restaurant workers losing their jobs forever.

Longstreet argued, "Clearly, the unfair targeting of one industry is egregious, and the decision to choose the capricious number of 25 percent capacity for res-taurants is unfounded and irresponsible. He told com-mittee members, "On behalf of the 25,000 restaurants and food service operations and half a million em-ployees in Pennsylvania, we urge Gov. Wolf to swift-ly return the restaurant limit to 50 percent before any more irreparable damage is done to the real people who work in this great industry." Longstreet ex-

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pressed support for the following legislation: House Bill 2615, House Bill 2513, Senate Bill 1194, Senate Bill 1116, and House Bill 2671.

Arnold Ivey, executive sous chef, IronRock Tap House, discussed his exper ience dealing with a staff person who tested positive for COVID-19 six weeks ago. He noted there were clear guidelines on how to reopen the restaurant but there were no guide-lines for when they had a positive case for COVID-19. Ivey said that when talking to the Department of Health (DOH), the Department of Agriculture (PDA), and the contact tracers it was very difficult and frus-trating because everyone had different information, even within their own agencies. He reported after tak-ing weeks and hours to talk to everyone, they found out they did not have to go as extreme as many res-taurants had. Ivey said they decided to shut down for two weeks because they wanted to make sure every-one was tested and safe. He also said they were able to reopen at 50 percent capacity during that time.

Ivey commented that after having to close for that timeframe, even with people testing negative or asymptomatic, contact tracers were supposed to in-form employers on what options were available. Ac-cording to Ivey, they were basically told they had no options so people could not work for 14 days, wheth-er they were sick or not. He commented that the way the contact tracers acquired their information seems to be in disarray as well. According to Ivey, there were people who did not want to be part of the con-tact tracing who received letters that threatened them that if they did not quarantine, they would be forced to quarantine. He told lawmakers the letter scared a lot of people with its threats of incarceration. Ivey said they are still waiting for a one-page standard op-erating procedure on what restaurants are supposed to do now. He pointed out many restaurants are "flying blind" with no direction. Ivey commented, "Hopefully at some point in time, sooner rather than later, we can have something standard we can fol-low." He said restaurants need to know who they are supposed to contact.

Greg Cammerata, owner of the IronRock Tap House, commented that as an owner his hands were tied when he received the letter from the contact tracer. He reported the letter scared all of his employ-ees into quarantining. According to Cammerata, when the letter went out the attitude of everybody on the staff was "we better be safe than sorry because we don't want to be incarcerated." He commented that as the owner he suddenly had zero employees. Cammer-

ata spoke of the impact closing had on his business.

Mick Owens, owner, Mick's All American Pub and Maize Mexican Cantina, explained that each of his restaurants has a unique location and unique facilities and each has been affected in slightly differ-ent ways. He reported, "Locations next to a movie theater or sports complex have been devastated and locations with outside patios have had more success." Owens stated, "The most important takeaway from these numbers is that my best-case scenario in any of the above is being down 20 percent. In an industry that has average margins of five to seven percent, be-ing down 20 percent for an extended time without assistance spells disaster." He noted he and his wife have had no income since the COVID-19 shutdown began. Owens commented, "Considering the finan-cial situation my wife and I find ourselves in, we feel fortunate to have been able to maintain our original 165 employees, but that will not continue for much longer." He explained that his restaurants operated at 25 percent labor cost. Owens stated, "The amount of payroll injected into our communities will drop by 80 percent if we do not get to meaningful indoor capaci-ty." He explained that for his restaurant group it means a wage difference of $265,000 per month to $53,000 including gratuities.

Owens said he has "accepted Paycheck Protection Program (PPP) funds and paid my landlord, my utili-ties and my employees." He asked, "But, to what end?" Owens argued, "Without thoughtful new man-dates that reflect science and reality, it will all have been a useless, temporary solution that simply slowed the inevitable bankruptcy of our industry." He told committee members, "My industry, and I, need sci-ence-based decisions from our leaders. We need pre-dictable timetables based on concrete benchmarks. We need an administration that penalizes bad actors in our industry harshly without making blanket poli-cies that crush the entirety of the industry." Regard-ing the steps taken by the governor, Owens said, "His measures could have been wielded like a scalpel, but he chose to swing a machete through my industry."

Rui Lucas, owner, na'Brasa Brazilian Steakhouse & Iron Abbey, commented that many in the in-dustry feel they have not been heard or spoken to and feel ignored as an industry. He expressed his disap-pointment that PLCB and Sec. Levine chose not to attend the hearing. Lucas reported he is not only ap-pearing on his own behalf, but also for the over 200 restaurant owners who have formed the Pennsylvania Restaurant and Bar COVID Response Alliance. He

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https://www.ctbpls.com/htbin/web_index.com?Bill_Number=HB02615&Session=19Rhttps://www.ctbpls.com/htbin/web_index.com?Bill_Number=HB02615&Session=19Rhttps://www.ctbpls.com/htbin/web_index.com?Bill_Number=HB02513&Session=19Rhttps://www.ctbpls.com/htbin/web_index.com?Bill_Number=SB01194&Session=19Rhttps://www.ctbpls.com/htbin/web_index.com?Bill_Number=SB01116&Session=19Rhttps://www.ctbpls.com/htbin/web_index.com?Bill_Number=SB01116&Session=19Rhttps://www.ctbpls.com/htbin/web_index.com?Bill_Number=HB02671&Session=19R

explained he and other owners felt it was necessary to start the alliance because of Pennsylvania giving reg-ulations they cannot comply with. Lucas said that in March of this year the primary concern was the health and safety of employees and the communities they serve. He argued mitigation could be done more effectively at the local level. Lucas asserted, "We are a safe industry." He told lawmakers restaurants have gone "above and beyond" when it comes to masks, social distancing and handwashing. Commenting it is easy to point fingers at the industry, Lucas stated, "We are safer than most industries." He also said the governor needs to know restaurants cannot go from 50 percent capacity to 25 percent capacity in 8.5 hours. Lucas argued there cannot be a blanket ap-proach for Pennsylvania. He pointed out the incon-sistency in the orders coming from Harrisburg. Lucas also argued for financial assistance for the restaurant industry.

Riki Tanaka, owner, Corner Bistro & Pizza Com-pany, told lawmakers he is at the hear ing to repre-sent rural Pennsylvania, especially areas north of I-80. According to Tanaka, McKean County, with a population of around 40,000, has only had 21 cases of COVID-19. He argued the Wolf administration is making decisions that are not scientifically based. Tanaka invited the governor to come to one of his restaurants and "he would see a completely different picture from what he is being told." He described 25 percent capacity as "the most arbitrary number" and argued that Walmart could not operate at 25 percent capacity.

Rep. Jerry Knowles (R-Schuylkill) asked about PRLA's access to the administration. Longstreet re-sponded that early on in the process, the association reached out to the governor's office to talk about out-door dining and asked for the opportunity to work with the administration on reopening standards when the green phase was reached. He said the association agreed with face masks and social distancing along with the 50 percent capacity during the green phase. According to Longstreet, when the decision was made to go to 25 percent, the administration contact-ed the association at 10:00 a.m. and they were essen-tially told the order was coming out that day. Rep. Knowles commented that the legislature shares the panel's frustration with the administration not listen-ing. He noted legislators' district offices have reo-pened but not the offices under the governor's juris-diction. Rep. Knowles argued the governor needs to put a plan in place to bring state employees back to work.

Rep. Kurt Masser (R-Northumberland) noted he

and his family have been in the restaurant business for 40 years. He asked the panel if anyone has been presented evidence that bars and restaurants are the cause for the spikes in COVID-19 cases. The panel-ists said no. Rep. Masser asked the panel if anyone would be opposed to legislation that would "beef up" penalties on bad actors in return for 50 percent occu-pancy. Longstreet responded that this was one of first things PRLA asked for when they were told there were bad actors. He commented that about 95 percent of the restaurants are "trying to do the right thing." Owens said he would support increasing the penal-ties, but he would also like to see a set of "hard and fast" rules for bars to follow. Rep. Masser comment-ed that he shares the panelists' frustration with the lack of communication from the administration.

Rep. Cris Dush (R-Jefferson) wanted to know what happened with employees and restaurants' food inventory with the reduction in capacity. Tanaka ex-plained that he leases space to a PLCB store next to his restaurant and noted "they're open and I'm not." He commented, "The governor does not have a clue how restaurants operate." Tanaka explained he had to sell some food at cost to avoid throwing it out. He reported he has had to furlough 79 employees and he gave some of the food to them.

Rep. Eric Nelson (R-Westmoreland), read the let-ter the employees of IronRock Tap House received from DOH regarding quarantining. He asked if the department explained IronRock's options. Ivey re-sponded that no information was shared regarding options and they received no clear direction.

Rep. Sheryl Delozier (R-Cumberland) asked how many customers can be in a restaurant at 25 percent capacity. Lucas explained that most restaurants have two to three cooks and two to three servers. He said most would have a minimum of eight to 10 staff on duty. Lucas added that an establishment with a capac-ity of 100 would have only 13 or 14 customers at one time.

Rep. Marcia Hahn (R-Northampton) asked if the industry is working with insurance companies. Long-street explained most restaurants have business inter-ruption clauses in their policies but they do not cover this type of interruption. He said the industry is work-ing at both the federal and state level to address the issue. Rep. Hahn wanted to know who else is impact-ed when restaurants are closed. Owens indicated he spoke with a local food distributor who told him their sales are down 20 percent and they have had to fur-lough several sales representatives.

Rep. Rosemary Brown (R-Monroe) asked if any-

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one has heard of representatives from DOH and PDA jointly inspecting a facility. Longstreet responded that PRLA has not heard of any case of DOH visiting a restaurant. Rep. Brown then asked about local con-trol. Longstreet commented that local control works better.

Rep. Matthew Dowling (R-Fayette) wanted to know what has been the most crippling restriction. Lucas responded that restaurants need to be able to operate at 50 percent capacity or more and again em-phasized the need for immediate financial assistance. He warned 50 percent to 70 percent of restaurants could permanently close by January or February if the capacity is not increased or no financial assis-tance is provided. Tanaka commented that if restau-rants don't go back to 50 percent capacity by Septem-ber, there will be restaurants closing in October or November. Owens spoke of the need to eliminate percentages and look at barriers and spacing within facilities.

Rep. David Rowe (R-Snyder) asked how many other industries are impacted by restaurants closing. Lucas responded that the food chain is enormous and it impacts a wide range of industries. He added, "It is endless." According to Owens, ancillary businesses are losing $3.2 billion.

Rep. Todd Stephens (R-Montgomery) wanted to know how much has been spent on mitigation. Long-street said he did not have any numbers but "it has been significant."

Rep. Jim Cox (R-Berks) pointed out the mandates aren't coming from legislation or regulation but from executive orders, guidelines and dictates and they are ever-changing. He asked the panelists if they would prefer using the legislative process, which involves hearings and debates. Owen expressed his preference for the legislative process. He spoke of how the gov-ernor has "weaponized our licenses" to force the in-dustry to enforce his orders and guidelines.

Chairman Causer emphasized that the panel's voices are being heard. "We know we are in the middle of a global pandemic and we all understand the public health issue, but at the same time you need to be able to operate businesses and do it safely. We need to give you the opportunity to put these safety practices in place as we move forward and continue to operate and let people work and let people put food on the table for their children and their families, and we here are committed to doing that," he stated. "The legisla-ture has been ignored by the executive. We need to get back to a point where we're working together and not have everything come down from on high from

an executive order."

Chuck Moran, executive director, PLBTA, ex-plained that the average PLBTA member makes a living primarily from alcohol sales. "Based on our membership studies, about 63 percent of their busi-ness is alcohol sales and 37 percent of sales are from food...Our average member employs about 16 indi-viduals, including the owner and family members. They serve less than 4,000 customers every month. If you count the chairs and barstools...you'll find less than 100," he stated. "For the sake of overall industry data, looking at the state list of active R and H licens-es, there are about 9,400 licensees that are not gro-cery stores, convenience stores or large chains. These are primarily small businesses. Knowing that my av-erage member employs about 16 individuals, Penn-sylvania's small business R and H licensees create around 150,000 jobs. And, assuming national indus-try data is correct, you can anticipate more than half are women, many of whom are single mothers. Based on one national study from earlier in the crisis, 81 percent of these employees have been laid off or fur-loughed early in the crisis. We worry that with the latest state orders, many of those who returned to jobs are now almost assuredly facing another layoff."

Moran said that since the governor's shutdown order that was issued in March, these small business estab-lishments along with their employees have been on a downward spiral. "I've spent many hours on the phone talking some off the edge. For the owner, their business is their retirement package. For their em-ployees, the job they have is extremely important to keep up with their bills. They are all scared and I can hear the panic in their voices when they call. To give you an example of how serious the situation has be-come, I have one member that I was so worried about that I gave her the phone number for the Suicide Pre-vention Hotline. I get daily calls and emails telling me that members are being forced to close their doors permanently. My job has suddenly become that of a counselor and I literally spend hours every day listen-ing to or responding to emails from members who are desperate," he stated. "In March and April, those who remained open were just barely keeping their heads above water when allowed to only offer take-out ser-vice. Some didn't even open because there was no way to not lose money operating on sales of less than 10 percent of normal. That's 10 percent of normal, with 100 percent operational costs in an industry where the profit margin is well below five percent. Let that sink in."

Moran also took issue with Gov. Wolf's "targeted re-sponse" in the July 15 order. "The impact of the gov-

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ernor's so-called targeted response has been negative, especially so in areas of the state with low COVID-19 statistics. The broad brush stroke, at a time when state enforcement data shows a low number of warn-ings and no citations, is quite questionable. It's a shotgun approach that has had collateral damage. Simply put, it's hitting the wrong targets," he stated. "The revised order cast a large net, but only caught the good apples, letting the bad apples continue to operate as if nothing is wrong. Our industry is at a tipping point. Our local taverns and licensed restau-rants need help if they are going to make it through this crisis and save jobs."

Jim DeLisio, president of York County Tavern Association and owner of the Racehorse Tavern, said bars are spending thousands of dollars on food to meet the new guidelines. "They are buying it to satis-fy the regulation and then it sits there. We can't even donate to a food bank because it sat out too long. Not only do we have spoilage in the food we can't sell, we have food that's prepared that we can't give to any-body because people are just ordering it to satisfy a mandate so they can come in and have a beer after work or socialize with somebody," he stated. "My employees spend more time educating and fighting with customers than we do conducting business. That shouldn't be our job. We have 15-year-olds, 18-year-olds arguing with adults over why they should or shouldn't be wearing a mask...What's happening is their silent protest is the nail in the coffin that's clos-ing these mom and pop restaurants because they are staying away because they don't want to wear a mask, they don't want to socially distance. They don't feel the numbers are justifying this. Their protest keeps them from coming to our restaurants, to our bars."

DeLisio took issue with big-box stores being open and that many people are ignoring social distancing guidelines. "America was founded in bars and restau-rants and now we're going to take it away. I don't un-derstand. I agree with strict penalties for the bad ap-ples, but it can't be subjective. We need to have black and white guidelines that we can follow. We have followed them for years and we will continue to fol-low them," he stated.

Steve Ertle, owner, the Lounge at Baymont Inn, discussed his family's business background and the Pocono Promise, which was developed by the Po-cono Mountains Visitors Bureau. "I believe this is a model for other counties," he stated. He encouraged Sec. Levine to visit the area and see what is working. He added, "We had over 251 local businesses sign onto this to protect our guests and our staff. 27.9 mil-lion tourists come through the Poconos every year.

We create $3.3 billion in revenue. 24.9 percent of all jobs are supported by the tourism industry. $282 mil-lion in state and local taxes are generated by tourism. $737 million is what is spent on food and beverage in the Poconos and that is being drastically cut as we speak. These are real numbers."

Ertle emphasized that DOH has no real scientific evi-dence to justify closing down businesses that are op-erating safely. He said he spoke to the CEO of St. Luke's Hospital in Stroudsburg and he was told the hospital had "single digit cases and no sign of a spike." Ertle continued, "These are the frontline peo-ple we should be listening to. I asked him why the government wasn't utilizing you guys and he said he had offered their infectious disease doctors to Sec. Levine but they have still not used them."

Ertle said the Wolf administration promised to in-crease capacity when businesses entered the green phase and now bars and restaurants are being penal-ized. "In 1843, Wolf Distributors was created. Think about his family business and what he had to do in 2010 when his own business almost went bankrupt and he had to come back to save his business," he asserted. Ertle indicated that the region experiences a wide range of guests and said the Pocono Promise gives tools to employees to keep everyone safe. "They want to work with us and the proof is in the pudding. Our numbers are low, the numbers don't add up," he stated. "Where is the Pennsylvania Promise to keep businesses open?"

Moran shared his experience of when he traveled to Elk County to go hiking and when he stopped at a convenience store that was overcrowded. He re-marked he wants Gov. Wolf to think about whether he would have been governor if he was put through this situation. "The answer would be no. You needed money and funds to get to your position," he stated. "We are all family businesses, whether you're corpo-rate, large, or small, and we are dying. The time is not coming up, the time has passed. We are already seeing businesses closed. This is a bipartisan issue."

Rep. Doyle Heffley (R-Carbon) remarked on how compliant visitors are and described how after hiking he went to Straub Brewery, where everything was clean, people were socially distancing and employees were wearing masks. "If by chance I got diagnosed with COVID-19 I would have had to say I was at that bar, but chances are I would have never gotten it there because they were doing everything right, but other businesses with R licenses may not be doing things right and there's probably a lot more people that walk through there and make more people vul-nerable," he stated.

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Ertle added that as more bars and restaurants shut down, more people are having parties in their back-yards. "There is no social distancing in a backyard. We all know that. There's no masks being worn, no one is washing their hands like they should be. We run off the threat that PLCB can come through the door and we better have our act together," he stated.

Rep. Dush emphasized the importance of sharing sto-ries, such as the PLBTA member being referred to a suicide hotline. Moran said many business owners and employees are under a tremendous amount of pressure right now. He added that many students are returning to college and opined that the numbers will spike as a result of students not socially distancing and partying. "We have a serious wave coming at us and unfortunately our industry is being blamed for it," he stated.

Ertle took issue with a previous testifier's suggestion to shut everything down for two weeks. "Unfortunately you can't turn businesses on and off like a spigot. You can't keep opening up and closing down," he stated.

DeLisio said suicides and overdoses have increased as a result of the mitigation efforts. "This overload is creating all these other problems, (but) if we can get back to work in a sustainable way we can help some of these people see the light at the end of the tunnel. Right now it's just shut down and they are fearful about how they are going to continue their lives," he stated.

Ted Mowatt, executive director, PFFSO, empha-sized that nearly all clubs have been closed since the outset of the governor's initial COVID-19 disaster declaration due to "unfair and outdated laws" regard-ing how clubs are allowed to sell liquor and malt bev-erages. "Unlike our fellow licensees in the restaurant and beer distributor industries, clubs were not afford-ed the opportunity to sell six packs or mixed drinks to go, even on a temporary basis, to give them some reason to keep their doors open and further their so-cial mission," he stated. "We have heard...from clubs who were already struggling to stay above water, now with no means of doing so. The new restrictions for many, particularly smaller clubs, may be a death knell."

Mowatt said clubs have watched for years now as bills have been passed that broaden the scope of vari-ous other licensees' ability to sell beer, wine and spir-its to their customers. "We appreciate that the House has recently passed a number of bills to help clubs, for example, the House-passed bill sponsored by Rep.

Tim O'Neal (R-Washington) to allow clubs to sell six packs of beer to members, which still awaits consid-eration in the Senate, and Rep. Knowles's bill to re-lieve veterans clubs and fire companies of the $700 license surcharge that other licensees pay, though we would have liked to see all clubs be excluded from the surcharge since the clubs don't have the ability to apply for expanded licenses that might allow them to make that money up, while all of their fellow local licensees expand their businesses. We believe that passing legislation, even on a temporary basis, to al-low clubs to sell beer to-go would be a small step to-ward fairness and survival for these essential mem-bers of our communities," he stated. "Similarly, the House has recently passed legislation to allow clubs, for a limited time, to use a larger portion of its small games of chance proceeds for its own purposes, to replenish coffers depleted during the closures, paying rent, mortgages, cleaning crews, utilities and other fixed costs that continue while the doors remain closed. We do expect some action in the Senate on this legislation as well, but in the meantime, things get more dire each and every day."

Mike Wagner, Mechanicsburg Social Club, said the club did not receive any grants or loans because the club is organized as a 501(c)(7) and had to take out lines of credit in order to keep the employees whole and adjust to requirements from DOH. "We're in the same boat as many other establishments and we have lost four months' worth of revenue. It contin-ues with the governor's new order. 50 percent was a burden, 25 percent is almost undoable," he stated.

Wagner emphasized the negative impact the loss of small games of chance revenue has on the local com-munity. "We give out over $300,000 a year. We do-nate to Little Leagues, we support fire and local po-lice, we support the Scouts, we give to Meals on Wheels, the local Lions Club, we donate to THON, we give to school foundations for scholarships," he stated. "We lost almost four months' worth of small gaming, four months of revenue, four months of membership. I'm sure smaller clubs are struggling even worse or may not even be open...Our members want us open."

Kit Watson, adjutant, American Legion, Cumber-land County, said legions have struggled to stay afloat due to mitigation efforts. "We strongly ques-tion why our clubs are among the businesses that are being singled out as the culprit for the spread of COVID-19. We have received numerous calls asking why the whole state is in this latest mandate when we have counties that have not experienced any signifi-cant rise in infections or deaths," he stated. "Local,

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state, and national donations coming from our clubs have not only taken a hard hit, they've dried up. With no business income throughout these shutdowns, these donations will assuredly be at the bottom of the list as our clubs that do survive get back into busi-ness."

Rep. Delozier questioned why clubs organized as 501(c)(7) could not receive grants. Mowatt said the deci-sion to exclude businesses organized as 501(c) (7) was made at the federal level.

Rep. Masser took issue with the administration refer-ring to bars without kitchens as "dive bars" and indi-cated that many clubs do not have kitchens. "This must be a very smart virus. It doesn't go into conven-ience stores, big-box stores; it doesn't exist at protests or riots. It's mostly in bars, restaurants, and clubs. You're safe at a table but only if you have a burger. It's really infectious around the bar area, even a burg-er can't save you there," he stated. "Thank goodness (shutting down) a restaurant doing everything right in McKean County is going to save us from spikes in Philadelphia County. It just all makes perfect sense."

Rep. Nelson inquired about the impact of food re-quirement on clubs. Watson said the food mandate has state, and national donations coming from our clubs have not only taken a hard hit, they've dried up. With no business income throughout these shut-downs, these donations will assuredly be at the bot-tom of the list as our clubs that do survive get back into business."

Rep. Delozier questioned why clubs organized as 501(c)(7) could not receive grants. Mowatt said the deci-sion to exclude businesses organized as 501(c) (7) was made at the federal level.

Rep. Masser took issue with the administration refer-ring to bars without kitchens as "dive bars" and indi-cated that many clubs do not have kitchens. "This must be a very smart virus. It doesn't go into conven-ience stores, big-box stores; it doesn't exist at protests or riots. It's mostly in bars, restaurants, and clubs. You're safe at a table but only if you have a burger. It's really infectious around the bar area, even a burg-er can't save you there," he stated. "Thank goodness (shutting down) a restaurant doing everything right in McKean County is going to save us from spikes in Philadelphia County. It just all makes perfect sense."

Rep. Nelson inquired about the impact of food re-quirement on clubs. Watson said the food mandate has created ed more questions for social clubs. "We need a defined set of rules and we'll go by them. My big thing with PLCB is its long history of giving dif-

ferent answers from different agents at different times of the week. It's hard to run a business like that. Give us the rules and we'll follow the rules," he stated.

Rep. Dush asked for figures related to donations from social clubs. Wagner provided a breakdown of the $300,000 the club donates to local organizations each year. Watson said in addition to donations to local teams and organizations, the Legion provides 20 edu-cational scholarships worth $500 in a normal year, and this year the Legion is only able to provide four scholarships. Mowatt added that fire companies have been hit particularly hard by mitigation efforts and explained that they have not been able to do normal fundraising activities.

Rep. Dush noted that Pennsylvania still has more deaths from COVID-19 than Texas and Florida de-spite mitigation efforts ordered by Gov. Wolf and Sec. Levine. "When you have just two people making a determination of how things go, when things go bad they go very bad, such as the governor ordering COVID-19-positive patients into Pennsylvania nurs-ing homes where we have 68 percent of Pennsylva-nia's deaths," he stated.

Rep. Dan Moul (R-Adams) emphasized that "elections have consequences" and argued that Gov. Wolf has mishandled the pandemic. "After looking at the situation, after listening to my constituents, I don't think there's anything I could say our governor has done correctly. I would say he would get a zero on his test and the reason why that would be is because he hasn't worked with us. He forgot he's only one-third of our government system," he stated. Rep. Moul said a couple in his district, who are both veter-ans and work in the food industry, did not receive any unemployment benefits until June after they filed in March. "That's disgusting when you run an admin-istration that poorly," he stated. Moul argued that the Wolf administration's decisions are politically moti-vated. "This is 100 percent a political issue. The gov-ernor doesn't care about you, he doesn't care about us. He doesn't give a damn. If he did he'd have someone there to answer questions. Granted, Sec. Levine is probably pretty busy, I'm sure visitation hours over at Hershey Lodge are busy at this time," he stated. "Today, out of 35,000 hospital beds in Pennsylvania, there are currently 704 COVID-19 patients...That is .0005 percent." He remarked on the low possibility of landing in a hospital bed from COVID-19 and questioned why the entire economy has been shut down for this reason.

Chairman Causer thanked all the testifiers for taking time to appear before the committee. "We clearly hear you and we clearly will continue to work with

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and for you," he concluded.

Written testimony was also offered by the Depart-ment of Health.

House Elects New Leadership

Rep. Bryan Cutler (R-Lancaster) was elected speaker of the House for the remainder of the 2019-20 legislative session on June 22. Cutler was first sworn in to represent the 100th District in Lan-caster County in 2007, making his 13 years of service before election to the speaker’s chair the shortest ten-ure since 1967. He replaces recently retired Speaker Mike Turzai of Allegheny County. Cutler previously served as House majority leader and majority whip. With Cutler vacating his position of majority leader, members of the House Republican Caucus voted to make additional changes to their leadership team. Rep. Kerry Benninghoff (R-Centre/Mifflin) was selected to serve as the next majority leader; Rep. Donna Oberlander (R-Clarion/Armstrong/Forest) was selected to serve as majority whip; and Rep. Martin Causer (R-Cameron/McKean/Potter) was selected as majority Policy Committee chairman. The remaining members of the leadership team stay the same. Appropriations Committee Chairman Stan Saylor (R-York) retains his position, as does Caucus Chair Marcy Toepel (R-Montgomery), Caucus Secre-tary Mike Reese (R-Westmoreland/Somerset) and Caucus Administrator Kurt Masser (R-Northumberland/Columbia/Montour).

Legislative Activity

The following bills of interest to clubs have been acted upon by the General Assembly since the last Bulletin.

HB 327 RE: Local Option (by Rep. Perry Warren, et al)

Amends the Liquor Code, in preliminary provisions, providing a valid restaurant or hotel liquor license that lost more than 25 percent of average monthly total sales because of restrictions imposed during the COVID-19 disaster emergency may sell pre-pared beverages and mixed drinks for off- premis-es consumption. Provides exceptions and prohibits certain licensees from selling prepared beverages and mixed drinks for off-premise consumption. Provides a licensee selling prepared beverages and mixed drinks for off-premises consumption may only do so during the COVID-19 disaster emergency and during the mitigation period after the termination of the dis-

aster emergency in which a licensee is operating at less than 60 percent capacity. Provides precautions for preventing underage consumption and driving under the influence. Provides a licensee may sell liq-uor to another licensee qualified to sell prepared bev-erages and mixed drinks and shall notify the Liquor Control Board in writing, advising it of the name of the licensee and identifying any product sold to that licensee. Also reenacts section 472 relating to local option, with respect to a question to be placed on the ballot in a primary election, and nomination papers, with respect to a question to be placed on the ballot in a municipal or general election, to ask the voters to allow the sale of liquor in the municipality. Effective immediately.

Reported as committed from Senate Law and Jus-tice Committee, and read first time, 5/11/2020

Read second time, rereferred to Senate Appropri-ations Committee, and rereported as committed from Senate Appropriations Committee, 5/12/2020 Read third time, and passed House, 5/13/2020 (48-0) Approved by the Governor, 5/21/2020 (Act No. 21 of 2020)

HB 763 RE: Six Packs Sales (by Rep. Tim O’Neal, et al)

Amends the Liquor Code to allow club licensees to sell malt or brewed beverages to their members for off-premises consumption in quantities of not more than 192 fluid ounces in a single sale to one person. Provides the club licensees may not sell liquor or malt or brewed beverages for off-premises consump-tion between 2:00 a.m. and 7:00 a.m.

PFFSO Position: Strongly Support

Passed over in Senate Law and Justice Commit-tee, 9/8/2020

HB 777 RE: Temporary Use of Proceeds (by Rep. Kate Klunk, et al)

Amends the Local Option Small Games of Chance Act, in club licensees, providing for itemizations if a club licensee used the proceeds for operating expens-es. Provides for use of the proceeds for disaster emer-gencies up to one year after the declaration of a disas-ter emergency.

PFFSO Position: Strongly Support

Passed House, 5/28/2020 (202-0)

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Received in the Senate and referred to Senate Community, Economic & Recreational Develop-ment Committee, 6/4/2020

Reported as amended from Senate Community, Economic & Recreational Development Commit-tee, and read first time, 9/9/2020

HB 1048 RE: Licensing Surcharge (by Rep. Jerry Knowles, et al)

Amends the Liquor Code, in licenses and regulations for liquor, alcohol and malt and brewed beverages, providing temporary provisions for renewal of licens-es in armed service. Provides a restaurant, club or catering club license held by a volunteer fire compa-ny, incorporated unit of a national veterans' organiza-tion or an affiliated organization of an incorporated unit of a national veterans' organization, affiliated organization of an incorporated unit of a national vet-erans' organization or affiliated organization of a na-tional veterans' association shall not be subject to the application surcharge. Provides the sale of malt or brewed beverages must occur on the licensed premis-es. Provides further conditions for the sale of malt or brewed beverages by liquor licensees. Provides pro-visions related to the sale of wine through a wine ex-panded permit. Provides further conditions for retail dispensers' restrictions on purchases and sales.

PFFSO Position: SUPPORT, with amendment to include Social clubs

Reported as amended from Senate Law and Jus-tice Committee, and read first time, 5/11/2020

Read second time, re-referred to Senate Appropri-ations Committee, and re-reported as committed from Senate Appropriations Committee, 5/12/2020

Amended on Senate floor, read third time, and passed Senate, 5/27/2020 (50-0) Received as amended in House and rereferred House Rules Committee, 5/27/2020 Re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 5/28/2020 (202-0) Signed in the House and Senate, 5/28/2020

Approved by the Governor, 6/5/2020 (Act No. 29 of 2020)

HB 1083 RE: Fiscal Code Amendments (by Rep.

Tommy Sankey, et al)

(PN 3865) Amends the Fiscal Code, in bonus and tax reports and returns and reports and records relating to tax collections, repealing provisions relating to capi-tal stock and franchise tax reports and payment of tax; in financially distressed municipalities, providing for emergency plan extension; in oil and gas wells, further providing for Oil and Gas Lease Fund; in transportation network companies, motor carrier companies and parking authority of a city of the first class, further providing for transportation network company extension; providing for assessments; in additional special funds and restricted accounts, fur-ther providing for establishment of special fund and account, for use of fund and for distributions from Pennsylvania Race Horse Development Fund; in gen-eral budget implementation, further providing for re-ports to General Assembly, for Pennsylvania Gaming Control Board, for Department of Health, for State Employees' Retirement System, for surcharges, for Multimodal Transportation Fund and for Liquor Code term; providing for 2020-2021 budget imple-mentation and for 2020-2021 restrictions on appro-priations for funds and accounts; and making related repeals. Provides a timeline for repeals. Effective July1, 2020, or immediately, whichever is later. The bill outlines how various funds will be used to im-plement the “partial” budget passed in HB 2387. A description of the bill can be found here: https://www.legis.state.pa.us/WU01/LI/BI/FN/2019/0/HB1083P3865.pdf

PFFSO Position: Neutral

Reported as amended from Senate Appropria-tions Committee, read third time, and passed Sen-ate, 5/28/2020 (37-13) Received as amended in House and rereferred House Rules, re-reported on concurrence as com-mitted from House Rules Committee, and House concurred in Senate amendments, 5/28/2020 (196-6) Signed in the House and in the Senate, 5/28/2020


HB 1189 RE: Employer Tax Credits for First Re-sponders (by Rep. Jerry Knowles, et al)

Amends Titles 35 (Health and Safety) and 75

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(Vehicles) adding new chapters to Title 35 providing for COVID-19 health care professionals reporting; establishing the COVID-19 volunteer emergency re-sponders employer tax credit program; and providing for COVID-19 enforcement officer disability bene-fits. Adds a new chapter to Title 75 providing the ex-piration of a person with disability parking placards and the expiration of driver's licenses are extended for 60 days after the declaration of disaster emergen-cy is terminated. The new chapter establishing the tax credit applies to taxable years beginning after De-cember 31, 2019, and the remainder of the legislation shall take effect immediately.

PFFSO Position: SUPPORT

Reported as amended from House Appropriations Committee, read third time, and passed House, 4/14/2020 (202-0)

Received in the Senate and referred to Senate Vet-erans Affairs & Emergency Preparedness Com-mittee, 4/20/2020

HB 1279 RE: Expanding Wine Sales (by Rep. Natalie Mihalek, et al)

Amends the Liquor Code, in licenses and regulations, liquor, alcohol and malt and brewed beverages, fur-ther increasing the sale of wine for off-premise con-sumption to 6,000 milliliters of wine.


Removed from the table, 4/20/2020 Read second time, and rereferred to House Ap-propriations Committee, 4/21/2020 Reported as committed from House Appropria-tions Committee, 4/27/2020

HB 1459 RE: Emergency Responder Mental Well-ness and Stress Management Program (by Rep. Mike Schlossberg, et al)

Amends Title 35 (Health and Safety) adding a chap-ter providing for emergency responder mental well-ness and stress management; in general provisions relating to emergency management services, reestab-lishing the definition of person; establishing the Statewide Critical Incident Stress Management Pro-gram; providing for duties of the secretary of health and the Department of Health; in miscellaneous pro-visions, providing civil liability immunity for any commonwealth agency and providing deployment protections for any person who is temporarily de-

ployed by the commonwealth or who provides equip-ment for the purposes of emergency services activi-ties; and, in emergency medical services system, providing 25 percent of money in the Emergency Medical Services Operating Fund to be allocated for victims of trauma and to carry out provisions related to emergency responder mental wellness and stress management. Provides a new definition for post-traumatic stress injury.

PFFSO Position: Support

Passed Senate, 7/14/2020 (49-0) Received as amended in House and rereferred to House Rules Committee, re-reported on concur-rence as committed from House Rules Committee, and House concurred in Senate amendments, 7/14/2020 (201-0)


HB 1522 RE: Reducing Barriers for Junior Firefight-ers (by Rep. Torren Ecker, et al)

Amends the Child Labor Act removing the require-ment that a minor must successfully complete De-partment of Conservation and Natural Resources training before engaging in any firefighting activities.


Passed Senate, 5/13/2020 (48-0) Approved by the Governor, 5/21/2020 (Act No. 22 of 2020)

HB 1822 RE: Local Government Capital Project Loan Fund (by Rep. Mark Keller, et al)

Amends the Fiscal Code adding a new article provid-ing an individual's employer may not terminate, de-prive, threaten or otherwise coerce the individual with respect to the employment, a seniority position or the benefits of the individual as a result of an indi-vidual's compliance with an order of isolation or quarantine. Makes changes to the Local Government Capital Project Loan Fund including increasing the population size of a municipality that can apply for the loan from $12,000 to $15,000, increasing the amount of a loan made for purchasing equipment from $50,000 to $150,000, increasing the amount of a loan made for facility updates from $100,000 to $250,000, changing the interest rate for the 10-year

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U.S. Treasury rate, and extending the maximum term of a loan from 10 years to 15 years. As amended, the bill also adds language placing a temporary re-striction on departments, commissions, agencies, offices or authorities requiring the expenditure of money from certain specified special funds. Pro-vides the restriction shall expire on the day after ei-ther of the following are terminated by executive or-der, proclamation or operation of law, whichever is later: the proclamation of disaster emergency issued by the governor on March 6, 2020, or a declaration of disaster emergency related to the novel coronavirus known as "COVID-19" that is issued after March 6, 2020.


Reported as amended from House Appropriations Committee, 4/20/2020

Read third time, and passed House, 4/21/2020 (Party line: 105-97)

Received in the Senate and referred to Senate Ap-propriations Committee, 6/17/2020

HB 2369 RE: Rapid Relief Loans (by Rep. Valerie Gaydos, et al)

Amends the Job Enhancement Act, in the Communi-ty Development Bank Grant and Loan program, providing for rapid relief loans not to exceed $75,000 and resilient recovery loans not to exceed $250,000 and establishes criteria for receiving loans. This leg-islation also establishes appropriations for loan amounts of $7.5 million for rapid relief loans and $2.5 million for resilient recovery loans.


Reported as amended from House Commerce Committee, read first time, and laid on the table, 4/21/2020

Removed from the table, 4/27/2020 Cutler motion to rerefer HB 2369 to the House Finance Committee passed, and so rereferred, 4/28/2020

HB 2374 RE: COVID-19 Crisis Fire Company and Emergency Medical Services Grant (by Rep. Pam Snyder, et al)

Amends Title 35 (Health & Safety), in grants to fire

companies and emergency medical services compa-nies, providing for the COVID-19 Crisis Fire Compa-ny and Emergency Medical Services Grant. This leg-islation provides criteria for awarding of grants and for the transfer of $30 million from the Volunteer Companies Loan Fund for making grants under the COVID-19 Crisis Fire Company and Emergency Medical Services Grant program.

PFFSO Position: SUPPORT

Introduced and referred to House Veterans Af-fairs & Emergency Preparedness Committee, 4/6/2020

HB 2384 RE: Protected Business Operations during Covid-19 (by Rep. Dawn Keefer, et al)

Amends Title 42 (Judiciary), in particular rights and immunities, providing a person is immune from civil and criminal liability and the imposition of an admin-istrative sanction for engaging in a protected business operation if they have not caused actual harm.


Introduced and referred to House Judiciary Com-mittee, 4/6/2020

HB 2386 RE: COVID-19 Disaster Emergency Busi-ness Interruption Grant Act (by Rep. Tom Mehaffie, et al)

Provides for COVID-19 disaster emergency business interruption grants. This legislation provides grant eligibility requirements, grant amounts, application procedures, conditions, and for rules and regulations to be established by the Department of Community and Economic Development. Effective immediately.

Introduced and referred to House Commerce Committee, 4/6/2020 Reported as amended from House Commerce Committee, read first time, and laid on the table, 4/21/2020

Removed from the table, 4/27/2020 Cutler motion to rerefer HB 2386 to the House Finance Committee passed, and so rereferred, 4/28/2020

HB 2406 RE: COVID-19 Safety Act for Alcohol Sales in Grocery Stores (by Rep. Jason Ortitay, et al)

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Amends the Liquor Code adding language providing sales of malt or brewed beverages shall occur on li-censed premises. Allows a licensee to use a register that is not located on the licensed portion of the premises but is located within the same building as the licensed premises for the sale of malt and brewed beverages for off-premises consumption. Provides a register used for the sale or malt or brewed beverages for off-premise consumption may be used for the sale of liquid fuels or oil. Also allows a wine expanded permit holder to use a register that is not located on the licensed portion of the premises but is located within the same building as the licensed premises so long as the sale otherwise conforms to the require-ments provided under the Liquor Code.


Introduced and referred to House Liquor Control Committee, 4/14/2020

HB 2408 RE: CARES Act Tax Exemption (by Rep. Brandon Markosek, et al)

Amends the Fiscal Code, in emergency finance and tax provisions, providing payment received from the United States under section 2201 through the Corona-virus Aid, Relief and Economic Security Act shall not be included in income, earned income or taxable income of the individual for the 2020 tax year for the purposes of the Local Tax Enabling Act, the Tax Re-form Code and the Taxpayer Relief Act. Effective immediately.

Introduced and referred to House Finance Com-mittee, 4/14/2020 Reported as amended from House Finance Com-mittee, read first time, and laid on the table, 4/20/2020

Removed from the table, 4/21/2020 Amended on House floor, read second time, and rereferred to House Appropriations Committee, 4/29/2020

HB 2413 RE: COVID-19 and Fire and EMS (by Rep. Cris Dush, et al)

Amends the Fiscal Code, in additional special funds and restricted accounts, providing for COVID-19 transfers of $10 million from special funds under the governor's jurisdiction to a restricted account to assist volunteer service organizations. Also provides that transfers need to be approved by the President Pro

Tempore of the Senate and the Speaker of the House. Removes that the secretary of the budget shall only be authorized to make transfers under subsection (a) to the extent that written approval for the transfer is received from the President Pro Tempore of the Sen-ate and the Speaker of the House of Representatives. Establishes procedures for the distribution of funds and reporting requirements.


Introduced and referred to House Finance Com-mittee, 4/17/2020 Reported as committed from House Finance Com-mittee, read first time, and laid on the table, 4/20/2020

Removed from the table, 4/21/2020

Amended on Senate floor, read second time, and rereferred to House Appropriations Committee, 4/27/2020 Reported as committed from House Appropria-tions Committee, read third time, and passed House, 4/28/2020 (202-0) Received in the Senate and referred to Senate Vet-erans Affairs & Emergency Preparedness, 6/4/2020

HB 2419 RE: COVID-19 Cost and Recovery Task Force (by Rep. Seth Grove, et al)

Amends the Administrative Code providing for COVID-19 Cost and Recovery Task Force; and mak-ing an appropriation. Provides for the composition of the task force, including executive advisors and advi-sory committees and for the procedures of the task force. Provides for the task force's powers and duties as it relates to the COVID-19 public health emergen-cy. The legislation expires six months after the disas-ter proclamation.


Introduced and referred to House State Govern-ment Committee, 4/17/2020 Reported as committed from House State Govern-ment Committee, read first time, and laid on the table, 4/20/2020 Removed from the table, 4/21/2020 Amended on House floor, read second time, and rereferred to House Appropriations Committee, 4/27/2020

Reported as committed from House Appropria-tions Committee, read third time, and passed

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House, 4/28/2020 (Party Line: 109-93)

HB 2440 RE: Hunting, Firearm and Ammunition Life-Sustaining Business Act (by Rep. Bill Kortz, et al)

Provides shooting ranges, sportsman clubs, hunting facilities, and firearm and ammunition product manu-facturers, retailer, importers and distributors, inclu-sive of their employees and agents, shall always be constituted as life-sustaining businesses in the com-monwealth. Further provides they shall never be shuttered or limited in their ability to produce, pro-vide, sell or otherwise offer firearms, ammunition, firearm accessories, component parts of firearms, am-munition and firearm accessories, and all services, training, safety and practice related to firearms and hunting.


Passed House, 5/20/2020 (124-78)

Received in the Senate and referred to Senate State Government Committee, 6/17/2020

Reported as committed from Senate State Gov-ernment Committee, and read first time, 9/9/2020

HB 2452 RE: Small Business Grant Program (by Rep. Joe Ciresi, et al)

Amends the Fiscal Code providing for small business grant program. Provides the Department of Commu-nity and Economic Development shall provide grants to regional networks for the purpose of administering and funding a regional small business grant program. Further provides the department shall develop the grant application form, implement public notice, award grants, and publish reports of grant recipients; and makes an appropriation of $50,000,000.


Introduced and referred to committee on House Commerce, 4/27/2020 Reported as amended from House Commerce Committee, read first time, and laid on the table, 5/19/2020

Removed from the table, 5/20/202020

HB 2506 RE: COVID-19 Reopening (by Rep. Garth Everett, et al)

Amends the Administrative Code adding a new arti-cle allowing a restaurant, bar, private club, brewpub, brewery, winery and distillery within a designated county to begin operation of the existing outside seat-ing portion of the establishment and operation of temporary outside seating on property adjacent to the establishment. Defines "designated county" as a county designated by executive order in the yellow or green phase of reopening. Requires the establishment to follow guidelines issued by the Centers for Disease Control and Prevention (CDC) and the common-wealth regarding business and building operation. Also requires an establishment, to the extent possible to follow the applicable practices of National Restau-rant Association's Guide for the Restaurant Industry, titled "COVID-19 Reopening Guidance" and the U.S. Food and Drug Administration's Best Practices for Retail Food Stores, Restaurants, and Food Pick-Up/ Delivery Services During the COVID-19 Pandemic. The article shall expire upon termination or expira-tion of the declaration of disaster emergency issued by the Governor on March 6, 2020.


Passed House, 5/19/2020 (133-69) Received in the Senate and referred to Senate Law and Justice Committee, 5/26/2020

HB 2513 RE: COVID-19 Reopening (by Rep. Garth Everett, et al)

Amends the Administrative Code adding a new arti-cle allowing a restaurant, bar, private club, brewpub, brewery, winery and distillery located in a designated county that already has indoor seating when the arti-cle becomes law to be eligible to reopen for in-person, indoor business operations. Requires the es-tablishment to follow guidelines issued by the Cen-ters for Disease Control and Prevention and the com-monwealth regarding business and building opera-tions. Also allows an establishment to use suitable barriers in addition to social distancing requirements. Provides for applicable practices and further provides an establishment may not use more than 50 percent of the establishment's seating capacity during operation. Also provides the new article shall expire upon termi-nation or expiration of the governor's March 9 decla-ration of disaster emergency. Effective immediately.


Passed House, 5/19/2020 (117-85) Received in the Senate and referred to Senate Law and Justice Committee, 5/26/2020

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Reported as amended from Senate Law and Jus-tice Committee, and read first time, 9/8/2020

Read second time, rereferred to Senate Appropri-ations Committee, and re-reported as committed from Senate Appropriations Committee, 9/9/2020

HB 2541 RE: Countywide Reopening Plan for Busi-nesses (by Rep. Frank Farry, et al)

Amends Title 35 (Health and Safety) providing for countywide reopening plan for businesses. Provides that the governing body of a county, in consultation with the county emergency management agency, county health department, county health officer or any other appropriate health or emergency manage-ment official, may develop and implement a county-wide reopening plan for businesses subject to closure by the governor due to the spread of a communicable disease during a public health emergency.


Passed House, 7/14/2020 (114-87)

Received in the Senate and referred to Senate Vet-erans Affairs & Emergency Preparedness Com-mittee, 8/10/2020

HB 2615 RE: the Community Cornerstone Grant Program (by Rep. Todd Stephens, et al)

Act providing for community assistance grants for restaurants; establishing the Community Cornerstone Grant Program; providing for fines; and making an appropriation. Establishes that the Department of Community and Economic Development may not award a grant that exceeds $50,000 to an eligible res-taurant and provides that $250 million shall be appro-priated from money received by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

PFFSO Position: Support, IF clubs are included

Introduced and referred to committee on House Commerce, 6/23/2020

HB 2671 RE: Discounts (by Rep. Mary Isaacson, et al)

Amends the Liquor Code providing that sales to li-censees, except for special liquor orders, shall be made at a discounted price of 15 percent of the retail

price for a period of one year beginning on January 1, 2021.


Introduced and referred to committee on House Liquor Control, 7/8/2020 Discussed during public hearing of House Repub-lican Policy Committee, 7/28/2020

HB 2750 RE: Penalties for Violations of Social Dis-tancing and Public Health Measures (by Rep. Kurt Masser, et al)

Amends Title 35 (Health and Safety), in COVID-19 disaster emergency, providing for social distancing and public health measures. Provides a social distanc-ing guideline or seating capacity limitation during the COVID-19 disaster emergency imposed by law or official action and applicable to a liquor license be-low 50 percent of seating capacity shall be void and unenforceable.



HB 2751 RE: Community Cornerstone Assistance Act (by Rep. Kurt Masser, et al)

Provides for community assistance grants for restau-rants; establishes the Community Cornerstone Grant Program; provides for fines; and makes an appropria-tion. Appropriates $150,000,000 from money re-ceived by the commonwealth under the Coronavirus Aid, Relief, and Economic Security Act.


Introduced and referred to House Commerce Committee, 8/6/2020

HB 2752 RE: Relief For Eating/Drinking Establish-ments For Extension Of Time (by Rep. Kurt Masser, et al)

Amends the Tax Reform Code of 1971, in sales and use tax, further providing for definitions, for exten-sion of time for filing returns and for tax held in trust for the commonwealth. Provides that for a sale at re-tail by a public eating or drinking place during the period beginning July 1, 2020, and ending December

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31, 2020, an extension of 30 days shall be granted to the public eating or drinking place to make a return required under section 217 without an addition of in-terest or penalty.


Introduced and referred to House Finance Com-mittee, 8/6/2020

HB 2753 RE: Provide Relief For Eating/Drinking Es-tablishments For Extension Of Time (by Rep. Kurt Masser, et al) Amends the Tax Reform Code of 1971, in sales and use tax, further providing for definitions, for extension of time for filing returns and for tax held in trust for the commonwealth. Provides that for a sale at retail by a public eating or drinking place during the period beginning July 1, 2020, and ending December 31, 2020, an extension until December 31, 2020, shall be granted to the public eating or drinking place to make a return required under section 217 without an addition of interest or penalty.


Introduced and referred to House Finance Com-mittee, 8/6/2020

HB 2759 RE: Business Interruption Insurance Act (by Rep. Frank Dermody, et al)

provides an insurance policy that insures against loss or damage to property, which includes the loss of use and occupancy and business interruption, in force on the date of a proclamation of disaster emergency shall be construed to include among the covered per-ils under the insurance polity coverage for business interruption all losses as a result of the proclamation, including due to a global virus transmission or pan-demic. Further provides the coverage shall be afford-ed not subject to any exclusions, including one for virus or pandemic, as long as the loss is the result of a natural disaster causing the proclamation to be is-sued. Requires the coverage to indemnify the insured of an insurance policy, subject to the broadest or greatest limit and lowest deductible afforded to busi-ness interruption coverage under the insurance poli-cy, for any loss of business or business interruption for the duration of the declaration. This shall apply to an insurance policy that is issued to an insured of an insurance policy if the insured has fewer than 100 eligible employees in the commonwealth and is in force on the date of the proclamation. Also provides for relief and reimbursement and special purpose ap-

portionments.


Introduced and referred to House Insurance Committee, 8/7/2020

HB 2764 RE: Virtual Small Games of Chance During COVID-19 Pandemic (by Rep. Mike Reese, et al)

Amends the Local Option Small Games of Chance Act, in miscellaneous provisions, providing for games of chance operations during COVID-19 disas-ter emergency.


Introduced and referred to House Gaming Over-sight Committee, 8/7/2020

HB 2765 RE: COVID 19 Relief on Safekeeping Fees (by Rep. Anita Kulik, et al)

Amends the Liquor Code, in licenses and regulations, liquor, alcohol and malt and brewed beverages, providing for safekeeping during 2020 disaster emer-gency.



HB 2770 RE: Ban Smoking in Casinos (by Rep. An-thony DeLuca, et al)

Amends the Clean Indoor Air Act, further providing for prohibition.


Introduced and referred to House Health Com-mittee, 8/7/2020

HB 2774 RE: Expand Flexibility of Off-Premise Ca-tering Permits for Restaurant (by Rep. Steve McCarter, et al)

Amends the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for licensed places may be closed during period of emergency.

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HB 2775 RE: Outdoor Dining (by Rep. Dan Deasy, et al)

Amends the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for licensed places may be closed during period of emergency.



HB 2789 RE: Restaurant Pandemic Sales Tax Sus-pension (by Rep. Gary Day, et al)

Amends the Tax Reform Code adding language al-lowing restaurants to continue collecting sales tax for the sale of food and beverages within their establish-ments but not require remittance of the amount until the COVID-19 public eating or drinking place re-striction order is removed and the restaurants are able to operate at 100 percent capacity. Requires a restau-rant to submit an application to the Department of Revenue and, if approved, convert the amount of sales tax collected into a grant.

PFFSO Position: Support, IF it includes clubs al-so.

Introduced and referred to committee on House Finance, 8/13/2020

HB 2818 RE: Indoor Space Operation (by Rep. Mike Jones, et al)

Amends the Administrative Code providing for es-tablishment indoor space operation. Provides that the establishment shall follow guidelines from the Cen-ters for Disease Control and Prevention and follow applicable practices of the National Restaurant Asso-ciation. Provides that the establishment shall follow the U.S. Food and Drug Administration's best prac-tices and limit seating capacity to 50 percent. Estab-lishes that the article will expire upon the termination of the declaration of disaster emergency.



HB 2832 RE: Event Center Capacity Legislation (by Rep. Matthew Dowling, et al)

Amends the Administrative Code adding an article providing an event venue with inside seating may, beginning on the effective date of the legislation, begin operation on the inside seating portion of the event venue. Requires the event venue to follow guidelines issued by the Centers for Disease Control and Prevention (CDC) and the commonwealth re-garding business and building operations. Allows the event venue, consistent with CDC and common-wealth guidelines regarding business and building operations, use suitable barriers in addition to social distancing requirements. Further provides for appli-cable practices. Also provides an event venue may not use more than 50 percent of the event venue's seating capacity during operation. The new article shall expire upon termination or expiration of the governor's March 6, 2020, proclamation. This bill does apply to clubs.



HB 2844 RE: Mixed Drinks for Off-Premise Con-sumption Permanent (by Rep. Kurt Masser, et al)

Amends the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, providing for off-premises consumption and estab-lishing that a licensee may sell liquor to another li-censee qualified to sell prepared beverages and mixed drinks.

PFFSO Position: Support, IF amended to include clubs


HB 2845 RE: 20% Discount (by Rep. Kurt Masser, et al)

Amends the Liquor Code, in Pennsylvania liquor stores, providing that beginning on January 1, 2021, Pennsylvania liquor stores' sales to licensees, except for special liquor orders, shall be made at a price that

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