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By in Latest News Comments Off on Statement: State Senate Passes $145 Million Hospitality Industry Grant Bill

Statement: State Senate Passes $145 Million Hospitality Industry Grant Bill

The following is a statement from Chuck Moran, Executive Director of the Pennsylvania Licensed Beverage and Tavern Association, concerning today’s vote in the Pennsylvania Senate on SB 109, which would provide grants for small business restaurants and taverns.

 

Today, the Pennsylvania Senate passed SB 109, sponsored by Sen. Joe Pittman, with a bi-partisan vote of 48-0. The bill, which now heads to the State House, includes guidelines on how to use $145 million to provide grants to small business taverns and licensed restaurants by establishing the Hospitality Industry Recovery Program.

The Pennsylvania Licensed Beverage and Tavern Association has been advocating for special grants to help small business, family-owned establishments that have been hard hit by COVID-19 mitigation orders. Financially, these establishments and their employees have suffered tremendously. For example, our average Member has 16 employees, 13 of whom have been laid off at one point during the past 10 months. And, our average Member relies most heavily on revenue from alcohol as nearly two-thirds of their sales come from such products. Those sales have been hampered by mitigation orders requiring an earlier-than-normal last call, reduced occupancy limits, and no bar top seating.

Our members need this critical funding now, and we thank the Senate for acting to help those in the industry who have been most impacted by prevention and mitigation orders during the pandemic.  But hopefully, this is just the start of the General Assembly helping the many mom and pop hospitality establishments that make up the backbone of every Pennsylvania town across the Commonwealth.  We now urge the State House to quickly move SB 109, so that this desperately needed funding can be made available before more of these businesses are forced to close permanently.

And, as distribution of vaccines increases, we also urge Governor Wolf to begin easing off mitigation orders that have restricted business at these establishments, particularly rules related to the use of bar tops to seat patrons. Like waiting in line at a big box store, this can be done safely using social distancing or barriers, and would help the smallest establishments that often have very few tables and no outdoor seating.

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About the Pennsylvania Licensed Beverage and Tavern Association

The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

 

By in Latest News Comments Off on Statement: Temporary Indoor Dining Ban Being Lifted Soon But Not The Lingering Financial Crisis

Statement: Temporary Indoor Dining Ban Being Lifted Soon But Not The Lingering Financial Crisis

Chuck Moran, Executive Director

The following is a statement from Chuck Moran, Executive Director of the Pennsylvania Licensed Beverage and Tavern Association, concerning today’s announcement from the Governor’s Office to not extend the temporary order banning indoor dining service during the holiday season.

Today, Governor Tom Wolf announced he will not extend the current temporary order that has banned indoor seating at taverns and restaurants through the holiday season until January 4.

While this is positive news for establishments across the state, unfortunately the lingering impact on both businesses and employees will be felt as we move into 2021. Businesses lost a key time of the year, while many bartenders and servers missed out on usually very generous tips during the holiday season.

The Pennsylvania Licensed Beverage and Tavern Association urges the legislature to help fix the financial problems small business taverns and licensed restaurants face as a result of this current order. When the legislature returns in January, we ask our state senators and representatives to move legislation to provide industry-specific grants.

Furthermore, to help the industry recover, we urge Governor Wolf to lift the order that prevents taverns and licensed restaurants from using bar top seating if establishments follow proper social distancing or barriers in those locations. Many corner bars throughout Pennsylvania have extraordinarily little, if any, table seating. This would help the smallest locations survive.

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About the Pennsylvania Licensed Beverage and Tavern Association
The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

By in Latest News Comments Off on PLBTA Statement: Industry Targeted Again With No Help Again; PLBTA Calls For Special Session

PLBTA Statement: Industry Targeted Again With No Help Again; PLBTA Calls For Special Session

Chuck Moran, Executive Director

The following is a statement from Chuck Moran, executive director of the Pennsylvania Licensed Beverage and Tavern Association, regarding Governor Wolf’s announcement today to eliminate indoor dining at taverns and restaurants as part of his COVID-19 mitigation efforts.

(Harrisburg, Pa. – December 10, 2020) The long rumored “shutdown” has now been made official by Governor Tom Wolf, in part targeting taverns and licensed restaurants by eliminating indoor dining over the holidays.

Once again, small business taverns and licensed restaurants are bearing the brunt of the mitigation order with no financial or legislative help on the horizon.

We get that the virus is contagious. We get that the number of confirmed cases and hospitalizations are increasing.

What we don’t get is why our state government has asked the industry to sacrifice so much, but continues to sacrifice the industry.

Earlier in the year, the industry heard promises from all four caucuses of grant money coming from the Pa CARES Fund. That money was instead used to balance the state budget. Unlike several bills to help the industry that he vetoed, Governor Wolf signed the budget and thus eliminated any possibility of those funds bringing relief to our struggling industry and employees.

Frustration within the industry is significant with everything that has played out, particularly when state contact tracing statistics show that less than two percent of those testing positive had been in a bar in the 14 days prior to the onset of their COVID symptoms. Statistically, these actions directed at taverns and restaurants likely cannot play any significant role in helping the Governor reduce the COVID crisis that continues, particularly while other retail establishments are not limited nearly as much and while PLCB liquor and beer sales continue to set records as house parties and holiday gatherings increase.

As our family-based industry members comply with the latest order, play their role for the good of public health, and struggle financially over the Holidays, it is time for the Governor to call a special session of the General Assembly to address the crisis within the crisis … the state’s financial abandonment of thousands of Pennsylvania’s small businesses, taverns and restaurants.

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About the Pennsylvania Licensed Beverage and Tavern Association
The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

By in Latest News Comments Off on PLBTA Statement: No On-premise Alcohol Sales For On-Site Consumption After 5 pm November 25 Only; And, No Industry Help Coming

PLBTA Statement: No On-premise Alcohol Sales For On-Site Consumption After 5 pm November 25 Only; And, No Industry Help Coming

Chuck Moran, Executive Director

The following is a statement from Chuck Moran, executive director of the Pennsylvania Licensed Beverage and Tavern Association, regarding Governor Wolf’s announcement today to have no on-premise alcohol sales for on-site consumption at taverns and licensed restaurants for one evening.

 

(Harrisburg, Pa. – November 23, 2020) Today’s announcement from Governor Wolf and Secretary Levine really comes as no surprise to anyone in the tavern and restaurant industry. In fact, announcements like this the Pennsylvania Licensed Beverage and Tavern Association has been preparing our Members to expect until wide distribution of vaccines.

We understand that the COVID case numbers are increasing, and once again, our industry understands that it is being asked to sacrifice in order to play a role in saving lives of Pennsylvanians. Specifically, taverns and licensed restaurants will need to cut off patron requests for on-premise sales of alcohol for onsite consumption on only November 25 starting at 5 p.m.

With that bad news for the industry, the Governor did deliver some good news related to business liability for those enforcing mask rules. We are thankful for that liability protection.

We get the importance of the keeping patrons safe, and our industry works hard to do so every day.

But what we don’t get is why there has been no significant financial help to assist our small business taverns and licensed restaurants survive. As this crisis continues, more small businesses are closing while their employees lose jobs.

Help is needed now, not later. Many small businesses cannot sustain continued targeted mitigation without help from either the federal or state government.

This industry has sacrificed so much for the good of public health. Now small business taverns and licensed restaurants are the ones being sacrificed by a lack of financial action in both Harrisburg and Washington, DC.

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About the Pennsylvania Licensed Beverage and Tavern Association
The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

By in Latest News Comments Off on PLBTA President Speaks At Industry Rally

PLBTA President Speaks At Industry Rally

Tom Tyler, 2021-22 President of PLBTA and owner of McStew’s Irish Sports Pub

The following speech was given by PLBTA President Tom Tyler, owner of McStew’s Irish Sports Pub in Levittown, Pa.  His speech was given at an industry rally on the steps of the Pennsylvania State Capitol on November 18, 2020. The rally was held to support taverns and restaurants suffering from the state’s COVID-19 mitigation orders.

 

Good afternoon. It is great to see all of you have come out to have your voices heard! My name is Tom Tyler, president of the Pennsylvania Licensed Beverage and Tavern Association and owner of McStew’s Irish Sports Pub in Levittown Bucks County. It’s an honor to speak on the steps of our Capitol today as our industry comes together as one single loud voice to fight for its survival.

Since day one of this crisis, taverns, restaurants, clubs, and brew pubs have been the tip of the spear in the fight against COVID-19. In March we were asked to do our part to slow the spread of COVID-19, And we agreed to do our part. What started out as two weeks to slow the spread has turned into endless mitigation efforts destroying our industry. In the beginning we were asked to sacrifice, now we are being sacrificed!

We have played a key role in this fight. Again, we have done our part. But our industry continues to be targeted unlike any other. And not because the science says we should as the state’s own contact tracing numbers continue to show transmission of the virus in bars and restaurants is very low!

Over the last 8 months we’ve watched our businesses go into a downward spiral with little help from Commonwealth of Pennsylvania. Yes, I’m grateful the state has waived my licensing fees for 2021. Yes, I’m grateful that taverns and licensed restaurants can sell mixed drinks to go. But…it’s not nearly enough to save small business taverns and licensed restaurants from going out of business.

There has been a lot of talk of a vaccine in the news recently. That is promising for the future. But until then, many more establishments will hang “for sale” signs out as they watch their businesses close under the financial pressures being caused by mitigation orders.

We have heard repeatedly the governor and our legislators acknowledge the sacrifice our industry has made. But their words won’t pay our bills and the time for words is over, it’s time for action!

The state legislature needs to provide an industry bailout and other meaningful measures to provide much needed funds and lifelines to help our struggling establishments pay their rent…. Pay their mortgages….. pay their utilites…..and most importantly, to keep and pay their employees! The state is still sitting on 1.3 billion dollars in Federal cares money. We want our share of those federal dollars. We deserve our share of those dollars!

On behalf of all small business taverns and licensed restaurants across the Commonwealth of Pennsylvania, the Pennsylvania Licensed Beverage and Tavern Association calls upon our state legislature to act now! Don’t wait any longer! We are out of time! We need help now!

Let me finish by saying that the Pennsylvania Licensed Beverage and Tavern Association stands proudly, here today, with our industry partners including clubs, restaurants, and brew pubs. We’re all in this together!

Thank you!

By in Latest News Comments Off on PLBTA Tip: Mask Confusion

PLBTA Tip: Mask Confusion

Christine Nentwig of CGA Law Firm

The requirement that customers and employees wear facemasks in restaurants and retail food establishments was initially set forth in Pennsylvania’s May 2020 restaurant industry guidance, and is consistent with CDC guidance stating that wearing masks in public places will help reduce the spread of COVID-19.

While there is substantial support for masks as a tool for combating the spread of the COVID-19, such support is not universal. Many individuals and businesses are opposed to masks, citing individual rights, medical restrictions, and a variety of other reasons for their refusal to wear masks.

This resistance places business owners in a difficult position, as they struggle to balance their legal and licensing obligations with customer resistance, complaints, and boycotts.

These efforts are complicated by conflicting and often inaccurate information on social media, which has created significant confusion and given rise to many questions regarding how businesses should respond to mask complaints and refusals, including:

Q: Can I as a business owner require customers and employees to wear masks in my restaurant or food establishment?
A: Yes, all businesses in the retail food services industry are required to adhere to state guidance. Those who do not comply risk penalties, including suspension or revocation of licenses.

Q: What if a customer tells me that he/she cannot be forced to wear a mask because it violates his/her constitutional rights?
A: Requiring patrons and employees to wear a mask is a public safety measure that does not infringe on any individual’s constitutional rights and does not violate any of the civil rights and liberties guaranteed by the Bill of Rights.

Q: I have been told that I cannot ask any patron or employee who is not wearing a mask if they have a medical condition that prevents them from doing so because it will violate HIPAA.
A: The Health Insurance Portability and Accountability Act (HIPAA) applies to protected health information in the possession of a healthcare provider and other very limited circumstances. HIPAA does not apply to business owners in this context.

Q: Doesn’t the ADA prevent me from requiring customers or employees to wear a mask?
A: The Americans with Disabilities Act (ADA) applies to most businesses, and may be implicated in some instances. There is substantial confusion, however, about the extent to which the ADA allows customers and/or employees to simply refuse to wear masks.

Title III of the ADA prohibits discrimination on the basis of disability in places of public accommodation, such as restaurants and other food service establishments. Title I prohibits discrimination on the basis of disability in the employment context.

In both cases, businesses must consider requests for reasonable accommodation, and are legally permitted to request medical information to support such requests. For customers, businesses may make a verbal inquiry regarding the reason the person cannot wear a mask – but generally should not require written medical documentation. For employees, employers may (and in most cases should) require written medical certification supporting the need for accommodation.

It is important to note, however, that while a business must consider a valid request, it is not required to grant the specific accommodation requested where a viable alternative exists.

Given the risks posed by noncompliance with mask mandates, businesses may wish to consider offering alternatives to customers who cannot wear a mask for medical reasons, including offering delivery, curbside pickup, or face shields. For employees, an employer may offer accommodations such as face shields, remote work, or other workplace modifications that separate them from others.

While business owners anxiously await a return to relative normalcy and a day when mask requirements are a thing of the past, those facing “mask confusion” should be sure to separate fact from fiction and evaluate each request based on facts and the appropriate applicable law.

This article was written by Christine Nentwig of CGA Law Firm, a preferred vendor of the Pennsylvania Licensed Beverage and Tavern Association. CGA Law Firm has an experienced team of PLCB attorneys available to licensees throughout Pennsylvania to answer questions regarding the new requirements and license suspension process, discuss the steps necessary to ensure compliance, and provide representation and counsel in resolving PLCB suspensions and citations. To reach CGA Law Firm, call (717) 848-4900.

*Any opinion expressed in the article is not to be construed as legal advice to any individual or entity.

The above story appears in the December 2020 edition of our magazine, Pennsylvania Beverage Media.

 

 

By in Latest News Comments Off on State Tavern Association Elects Board Officers

State Tavern Association Elects Board Officers

Tom Tyler, owner of McStew’s Irish Sports Pub in Levittown

At its quarterly board meeting on November 6, members of the board of directors at the Pennsylvania Licensed Beverage and Tavern Association elected new board officers. All positions are effective immediately.

Tom Tyler, owner of McStew’s Irish Sports Pub in Levittown, was selected to become president. Mr. Tyler has been a member of the association more than a decade. He will serve a two-year term.

Jim DeLisio, owner of the Race Horse Tavern in Thomasville, won a two-year term to serve as the association’s vice president. Mr. DeLisio is a 19-year member of the PLBTA. In addition, he is the president of the York County Tavern Association.

Michelle Ritter, owner of the Willow Street Pub in Coplay, will serve a one-year term as secretary. Ms. Ritter has been a 19-year member of the association.

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About the Pennsylvania Licensed Beverage and Tavern Association
The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

By in Latest News Comments Off on Statement: PLBTA On Liquor Licensing Fees Waived for 2021

Statement: PLBTA On Liquor Licensing Fees Waived for 2021

Chuck Moran, Executive Director

The following is a statement from Chuck Moran, Executive Director of the Pennsylvania Licensed Beverage and Tavern Association, concerning today’s action by the Pennsylvania Liquor Control Board to waive certain licensing fees for 2021.

Today, the Pennsylvania Liquor Control Board announced they will be waiving some liquor licensing fees in 2021, something that the Pennsylvania Licensed Beverage and Tavern Association has been requesting as part of a larger industry survival and recovery package.

While waiving certain licensing fees won’t bring that much financial relief, it is a matter of principle to help those who are able to survive until then, and as we have said in the past, it is one piece of the puzzle.

We would have liked to have also seen 2020 fees waived or returned to licensees, something that apparently the PLCB could have done.

Clearly, more needs to be done to help small business taverns and licensed restaurants that have sacrificed the most of any industry during this pandemic. They have been the tip of the spear in this battle since day one, and have played an important role to first flatten the curve and later getting school children back in class.

Once our legislature returns to Harrisburg in November, we call upon them to take necessary steps to legislate additional forms of relief and assistance.

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About the Pennsylvania Licensed Beverage and Tavern Association
The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

 

Members of the media interested in this topic can call the PLBTA Media Relations Department at (717) 232-8671.

By in Latest News Comments Off on Statement: Governor’s Fee-Waiving-Industry-Help Needs To Go Further

Statement: Governor’s Fee-Waiving-Industry-Help Needs To Go Further

Chuck Moran, Executive Director

The following is a statement from Chuck Moran, Executive Director of the Pennsylvania Licensed Beverage and Tavern Association, concerning today’s announcement from Governor Wolf in support of waiving standard licensing fees.

 

Today, Governor Tom Wolf announced his support to waive “standard” 2021 licensing fees for taverns and licensed restaurants.

Earlier this year, the Pennsylvania Licensed Beverage and Tavern Association stated that a comprehensive package would be needed to bail out the industry and save jobs – including ALL licensing fees. We certainly hope that the Governor means ALL fees liquor license holders pay in his definition of “standard” including but not limited to off-premise catering, Sunday permits, and small games of chance.

While licensing fee help is part of the solution, much more needs to be done, particularly considering the size of the industry and its role in the Pennsylvania economy.

We would have liked to have seen a comprehensive package promoted by the governor.

Using the Governor’s own COVID-19 statistics for October 4 through 10, out of 2,820 contact tracing reports only 69 indicated they were at a bar during the 14 days prior to the onset of symptoms. That’s around 2 percent. His data shows that 484 individuals had visited any type of business including bars and restaurants, salons, and fitness centers. That’s about 17 percent, meaning 83 percent did not visit any type of business. That 83 percent is where the Governor should be looking to address if the Commonwealth really wants to contain a fall surge.

It is counter-productive to set up a system to protect people from COVID-19 if the system being built drives people to unsafe locations. Because of current orders, Pennsylvanians are flocking to private parties with a false sense of safety because they are amongst people they know. But no CDC guidelines are followed at those locations and those attending face increased risk.

None-the-less, since our industry will continue to be targeted causing businesses to close and jobs lost, the Pennsylvania Licensed Beverage and Tavern Association would encourage the Governor to piece together a more thorough package to include the following in addition to only waiving 2021 licensing fees:

  1. Eliminate all licensing fees for taverns and restaurants for two years including 2020 in addition to 2021
  2. Industry-specific grants, not loans
  3. Provide a higher industry discount when purchasing liquor
  4. Provide industry-specific tax relief
  5. Allow bar tops to be used for customer seating providing appropriate COVID-19 safety measures are taken.
  6. Allow taverns and restaurants to continue serving alcohol until midnight to accommodate shift workers
  7. Allow non-continuous outdoor seating following COVID-19 safety measures
  8. Eliminate the requirement that food must be purchased with any adult beverage

 

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About the Pennsylvania Licensed Beverage and Tavern Association

The Pennsylvania Licensed Beverage and Tavern Association is a statewide association based in Harrisburg, representing small business taverns and licensed restaurants in the Commonwealth of Pennsylvania. The Association formed in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons.

 

Members of the working media interested in this story may contact PLBTA Media Relations at (717) 232-8671

By in Latest News Comments Off on An Open Letter To The Pennsylvania House Of Representatives On HB 2513

An Open Letter To The Pennsylvania House Of Representatives On HB 2513

Chuck Moran, Executive Director

The following is a letter to the Pennsylvania House of Representatives, sent on Monday, October 19, from the Pennsylvania Licensed Beverage and Tavern Association Executive Director Chuck Moran. The letter covers Governor Wolf’s veto of HB 2513.

 

With COVID-19 fatigue increasing, we worry that Governor Wolf’s veto of HB 2513 last Friday promotes underground gatherings and house parties, which will feed the current spike of COVID-19 cases our Commonwealth is facing. Pennsylvanians are already flocking to parties with a false sense of safety because they are amongst people they know. But no CDC guidelines are followed at those locations and those attending face increased risk. Please consider voting to override this veto – to help the state’s taverns and restaurants, and to help reduce this threat.

If Governor Wolf had signed HB 2513, those Pennsylvanians would have had safer options to enjoy a night out.

Consider what he vetoed:

  • Additional outdoor seating in unused locations within the property of taverns and licensed restaurants that are required to follow social distancing guidance (a previous amendment from Senate Democrats)
  • Use of barstools at bar countertops in both indoor and outdoor settings at licensed establishments following social distancing guidance
  • 50 percent occupancy at licensed establishments following social distancing guidance enforced for all other businesses

In the past two months, Governor Wolf allowed schools to open and increased attendance into the thousands of people at gatherings. We all know that there is no shortage of kegs, cases, and liquor bottles – and of course house parties – in college towns and elsewhere.

Our struggling neighborhood bars, taverns, and pubs are not the reason for the current spike. Through contact tracing, we know that just two percent of COVID-19 positive patients reported having been in a bar within the 14 days before testing!

The eyes of the industry are looking upon you for help. Small business taverns, their employees, and their patrons ask for your support, and a vote to override the Governor’s veto of HB 2513.