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By in Latest News Comments Off on Harrisburg Check-in – Getting to know Sen. Mike Regan

Harrisburg Check-in – Getting to know Sen. Mike Regan

Sen. Mike Regan

The Pennsylvania Licensed Beverage and Tavern Association recently sat down with Sen. Mike Regan to learn more about his perspective on the liquor industry and the current political landscape. Sen. Regan is chair of the Senate Law & Justice Committee, which oversees the state’s liquor laws, and is a key committee for the tavern industry. He serves the 31st District including parts of York and Cumberland counties.

PLBTA: Thinking back to your first elected position, what motivated you to run for public office?
MR: I’ve spent my entire career working to protect our families and helping make our community better. For 23 years I was in the United States Marshals Service, served as the Task Force Commander and then as the U.S. Marshal for the Middle District of Pennsylvania, then I became a member of the Pennsylvania House of Representatives. Now I am committed to being a strong leader in the Senate, and addressing the challenges and opportunities facing our families. I am passionate about protecting the taxpayers and our communities, and it’s something I have spent my life doing.

PLBTA: What made you particularly interested in chairing the Senate Law & Justice Committee?
MR: The Senate Law & Justice Committee has oversight over Pennsylvania’s liquor laws and there are aspects and issues that are important to me. My past service as a U.S. Marshal provides me with a unique insight into issues facing law enforcement, so I also look forward to exploring the oversight the committee has on the Pennsylvania State Police as well as municipal police issues.

PLBTA: Do you have an agenda for the Law & Justice Committee this legislative session? Are there issues that you see as needing addressed?
MR: I believe Pennsylvania has come a long way in modernizing our liquor laws as well as the LCB, but I believe there is still more work to be done. Consumer convenience is an important issue for me, and I think the committee will try to work to expand the current convenience and product choice.

PLBTA: Perhaps no other industry has suffered more or longer from Covid-19 mitigation orders than the small bars, taverns and restaurants who feel they have been unfairly targeted. All four caucuses said they want to help these mom and pop operations, but nothing was done last fall. Do you see the General Assembly and Governor working together to help save this industry early in 2021?
MR: I agree the industry has suffered greatly and small businesses were treated unfairly throughout the COVID-19 pandemic. I do think that as a body, the legislature needs to come together to aid these struggling businesses who have been unfairly penalized this past year.

PLBTA: Do you see any of the Covid-19 changes (drinks to go, extended outdoor seating) being extended or becoming permanent options?
MR: There have been precedents set in states like Ohio, where drinks to go have become permanent. I think the issue will be further vetted and debated throughout this legislative session. I look forward to working with my colleagues in both the Senate and the House to bring consensus to these issues.

PLBTA: In recent years, you’ve taken the lead on legislation related to cannabis-infused drinks. Please tell us your interest in this category of alcohol.
MR: Unfortunately, on many issues Pennsylvania finds itself playing a game of catch-up and the goal here is to take a pre-emptive measure for/if recreational marijuana is legalized. Recreational marijuana has been legalized in states across the country and these drinks already exist. Similar pre-emptive measures were taken for sports betting to ensure PGCB oversight.

PLBTA: What can tavern owners do to help convince legislators to support them and get the changes they need from the PLCB and state government?
MR: I encourage tavern owners to call and meet with their legislators and inform them of the issues they are facing. As elected officials we want to hear from the people on the ground so we can better understand their needs and how to help them.

PLBTA: As you know, our Members are mostly Mom-and-Pop operations. When they look around their hometowns, they see that the local hardware store has closed, the independent doctor was bought out by a hospital chain, and the neighborhood grocery store is no more. They worry that their industry is next. Do you ever worry about the loss of small businesses in our communities?
MR: I have been a long-time supporter of Mom-and-Pop operations and small businesses. It’s always said that small business is the backbone of our economy, and I believe that is especially true for the neighborhood bar and restaurant that supports the local charities, little leagues and is always there to lend a hand. I think these local establishments are invaluable to the communities they serve – I plan to do what I can to make sure these multi-generational family businesses are on a level playing field.

 

The above Q&A appeared in the March 2021 edition of Pennsylvania Beverage Media, the official magazine of the Pennsylvania Licensed Beverage and Tavern Association. Members receive this monthly magazine as a benefit of membership.

By in Latest News Comments Off on Statement: Path Paved for $145 Million Hospitality Industry Grant Bill For Governor’s Signature

Statement: Path Paved for $145 Million Hospitality Industry Grant Bill For Governor’s Signature

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 votes in both the Pennsylvania House of Representatives and Senate on SB 109, which provide grants for small business restaurants and taverns.

Today, the Pennsylvania House of Representatives passed an amended SB 109 by a bi-partisan vote of 202-0. Later in the day, the Senate concurred, 48-0. The bill, sponsored by Sen. Joe Pittman, includes $145 million to provide grants to small business taverns and restaurants by establishing the Hospitality Industry Recovery Program.

As everyone knows by now, the pandemic and related mitigation orders have been particularly hard on the mom-and-pop taverns. Finding grants to help our Members keep their heads above the water longer has been a priority of the Pennsylvania Licensed Beverage and Tavern Association. We are pleased that SB 109 passed both chambers, and we thank members of the General Assembly for their actions today. We urge Governor Wolf to sign it quickly.

This bill is a good starting point, but with the pandemic’s orders soon approaching a full year, more needs to be done, particularly since $145 million will not go far in helping the industry.

We are still in the survival phase. Financially, locally-owned 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 since last March. 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, mandated food purchases, and the ban on bar top seating.

We urge the General Assembly to consider other possible financial measures it can take to keep the industry afloat such as steeper discounts when an establishment buys liquor from the state, allowing establishments to keep sales taxes collected, and making changes to tavern gaming rules to provide establishments a higher percentage of revenue.

Then, as distribution of vaccines increases and we begin moving into a recovery phase, mitigation orders should be lifted. We also urge Governor Wolf and his staff to work with the tavern industry to set timeframes 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.

#     #     #

 

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 Written Testimony For State House Commerce Committee On Pandemic Mitigation Orders Impact On PaTaverns

PLBTA Written Testimony For State House Commerce Committee On Pandemic Mitigation Orders Impact On PaTaverns

On February 3, 2021, the Pennsylvania Licensed Beverage and Tavern Association testified in front of the State House Commerce Committee concerning the negative impact COVID-19 mitigation orders are having on small business taverns and restaurants. Representing the PLBTA was Tom Tyler, president of the Association and owner of McStew’s Irish Sports Pub in Bucks County.

During the hearing, Tom shared with the committee members stories from our grassroots, which can be found by clicking here. In addition, the Association submitted formal testimony, which follows.

 

Testimony: Industry Survival
and Recovery Needs
to Preserve Businesses and Jobs

Presented to
Pennsylvania House
Commerce Committee

On
February 3, 2021

By
Thomas Tyler, President, PLBTA
McStew’s Irish Sports Pub, Owner

Chairman Roae, Chairman Galloway, members of the Committee, good morning. I’m Tom Tyler, president of the Pennsylvania Licensed Beverage and Tavern Association. I also own McStew’s Irish Sports Pub in Bucks County.

Let me begin by thanking you for inviting the Pennsylvania Licensed Beverage and Tavern Association to testify today about the struggles our industry faces as a result of the COVID-19 crisis and state orders. We appreciate being here to share the story of our Members and industry.

The Tavern Association represents more than 400 small business taverns, pubs, and licensed restaurants across the state. Most of our Members own “R” and “H” licenses while some may have an “E” or even a club license. For the most part, we are your local bars, taverns, pubs, and licensed restaurants. We do not actively recruit large chains, grocery stores, or convenience stores which also may have an R license.

In terms of business, our average Member makes a living primarily from alcohol sales. Based on our Membership studies, about 63 percent of their business is alcohol sales and 37% of sales are from food.

Our average member employs about 16 people, including the owner and family members. They serve less than 4,000 customers every month. If you count the chairs and barstools, throughout the Member establishments, you’ll find less than 100.

Simply put, our Members are your locally-owned, mom-and-pop neighborhood businesses.

For the sake of overall industry data, looking at the state list of active R, H and E licenses, there are about 9,400 licensees that are not grocery stores, convenience stores or large chains. These are primarily small businesses. And the impacts of the prevention and mitigation orders on them are extremely different than the impacts on those other types of restaurants and licensees.

Knowing that my average Member employs about 16 individuals, Pennsylvania’s small business R, H and E licensees create around 150,000 jobs. And more than half are women, many are single mothers.

Last year, we surveyed small business licensed restaurants and taverns to learn more about how the COVID-19 crisis was impacting their businesses. Our study clearly shows the struggle these establishments are having. Our study also supports findings we’ve seen from national-level studies.

For example, on average, 13 employees per establishment lost their jobs at some point during the pandemic as a result of COVID-19 Orders. That’s on a par with national studies that estimated 81 percent of industry employees were laid off or furloughed as a result of the pandemic orders. When just considering our small business R and H license locations, the state orders likely resulted in about 110,000 jobs lost in Pennsylvania – before considering the many companies that supply food, alcohol and services to our members.

Our survey also found that without any change in the state’s COVID-19 order, there’s a good chance that as high as 70 percent of our members may not survive. This includes more than one out of six that are either already closed and those who will be forced to close as the pandemic’s mitigation orders continue in 2021.

One key point to remember about this segment of the industry is what I mentioned very early in this testimony. Most of our business – 63 percent on the average – is related to the sale of alcohol. Our profit margins are from 3-5% in good times.

When mitigation orders set an early last call, reduce indoor capacity, and take away bar seating, it’s very easy to make the connection that small business taverns and licensed restaurants will see a significant financial loss since the largest portion of their business is being suppressed. Thus, the results from our survey clearly should be anticipated.

What my Members really want is to work at full capacity. They’re not looking for another loan.

But, since operating at 100 percent is not going to be allowed anytime soon – or at least until there’s widespread distribution of the vaccine – they have no choice but to seek survival and then recovery help to make up for not being allowed to use their licenses at 100 percent.

We are now in the coldest months of the year which makes outdoor seating problematic. This comes right after holiday mitigation orders closed indoor service, resulting in significant financial loss.

This combination makes it particularly important for the legislature to take action now to help the industry financially.

Based upon our survey, we know that a high percentage of Members believe grants are needed to help pay bills and make up for lost revenue due to mitigation orders. This is fair for R and H licenses holders to ask. They’ve been told that they must limit their indoor service to either 25 or 50 percent, but they also have bills such as electricity and mortgages that must be paid at 100 percent. I have to note that all four caucuses and the Governor, in the weeks leading up to the November elections, called for grant programs to assist our members, ranging from $145 million to $400 million. And now its five months and another shutdown later, without any help. While corporations and franchises may be able to function at near normal, our members cannot. Our business models are different – McStews is not McDonalds, and none of our members businesses are based strictly on take out sales of beer and wine like retailers and convenience stores.

Loan programs will not help our members. They have already borrowed in their efforts to remain viable during the continuing changes from shutdowns to partial openings, to further shutdowns and several variations in between.

Outside of industry-specific grants, reasonable actions the state can easily take to relieve some financial burdens are as follows:

1. Increase the state wholesale discount from 10 to at least 15%
2. Allow those with a small games of chance license to retain all revenues from the sale of such games, similar to what was done last year for clubs. And consider possible expansion of small games of chance.
3. Waive licensing fees beyond this year. Saying that, please understand that waiving license fees is insignificant in terms of the costs we’ve already incurred. These fees amount to $600-1,500 per licensee, about as much as one good weekend night’s profits.

More complicated, but certainly something the legislature should investigate, would be relieving the industry of unemployment claim charges, eliminate sales tax payments or at least eliminate fees and penalties for late payments.

The legislature should also take a serious look at increasing gaming revenue by legalizing VGTs and/or skill games in taverns. This would benefit both the state and taverns.

Outside of financial help, as distribution of the vaccines increase, we would urge the easing off mitigation orders.

Specifically, we would like to see taverns be allowed to seat individuals at bar tops again, provided establishments follow appropriate social distancing rules or use barriers. Many had already spent money to make these changes before the rules were changed for them.

Our smallest establishments typically have very little table seating and no outdoor seating. This change would help our smallest taverns survive.

Industry survival is not a partisan matter, and we know that both Republicans and Democrats are concerned for our future – and our communities. You demonstrated your concern early last year when you passed legislation to allow the sale of mixed drinks to go on a temporary basis. And, we appreciate that opportunity. We would urge that sales of mixed drinks to go be made permanent, which other states are now doing, and that the temporary rules on outdoor dining be extended permanently as well.

More legislative help is needed, and it’s needed quickly.

Our industry is in financial distress. Our local taverns and licensed restaurants need help if they are going to make it through this crisis and save jobs.

Thank you for the opportunity to present this testimony, and I welcome questions.

By in Latest News Comments Off on Grassroots Pandemic Stories: The Negative Impact On Small Business Taverns And Restaurants

Grassroots Pandemic Stories: The Negative Impact On Small Business Taverns And Restaurants

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

On Wednesday, February 3, the Pennsylvania Licensed Beverage and Tavern Association testified in front of the State House Commerce Committee to tell the story of small business taverns and restaurants in regards to how the pandemic’s mitigation orders are negatively impacting the industry. Representing the PLBTA was Tom Tyler, president of the Association and owner of McStew’s Irish Sports Pub in Bucks County.

The PLBTA submitted written testimony which can be found by clicking here, but verbally told stories from our grassroots. These are the condensed stories from our Members.


From a Member in rural Bucks County

I own a very small bar in Upper Bucks County and the shutdown crippled me personally, my business and my employees and their families. I found out about the first shut down on March 16th as I arrived back from my weekly food shopping trip and had already received my three beer orders for the week. Lots of waste and no income. …

I dipped into my personal savings to loan to my employees to help them pay their bills since unemployment took so long to arrive. I was fortunate to receive PPP and grant money but this in no way makes up for loss of business or loss of income to my employees. I was ok with a few weeks off but separate from the financial difficulties it is easy to become depressed and angry and that is not who I am. …

Happy to reopen in June, outdoors only and before you knew it, shut down again. With no warning, again, received the news as I returned from my food shopping with a walk-in full of beer as well. The amount of product wasted, once again, was just an extra kick in the teeth.


From a Member with an establishment in Perry County (was finalizing the legal papers to run his business when the mitigation orders started)

Every bill or aid package for our industry seems to cling to the February 15, 2020, date as a firm cut off for eligibility. Reading all of these bills seems to imply that those who opened after February 15th either could not be suffering or it’s their own fault for opening a business in this time…

As I explained to my State Rep some of us were contractually obligated to go through with the purchase of our restaurants at the very beginning of the pandemic when all Government officials were preaching “15 days to flatten the curve.” We were led by our officials to believe this would be a short-lived inconvenience but we all know that now to be untrue. Now, a year later, bills and grants are still requiring your business must have been in operation before February 15th 2020 to qualify for any assistance….

It’s taking all I have to keep my employees employed and pay my bills. We do not qualify for any assistance because we do not have historical data but we are expected to comply with all of the regulations impacting our ability to generate revenue.

50% capacity, No bar service, No late night service, No to-go cocktails… the list of “No’s” goes on and on, but there is no relief. To add insult to injury, both of our neighboring bars are doing full bar service, not following capacity restrictions or enforcing masks, and are not requiring a meal with alcohol purchases, BUT they both passed their inspections from the state and receive aid.


From a Member in Allegheny County (shot and beer establishment, very little seating without the use of bar tops. This business was closed most of 2020 and only just reopened in January.)

I am an owner of 3 small businesses, 2 of which I share with my sister. My dad built those 2 small businesses up for over 20 years in the not so popular areas of the county. He never took a day off, he never took a vacation, he was a veteran and fought for this country. He passed away almost 6 years ago in a horrific accident and left his legacy to his daughters. The legacy you shut down from day one, and we complied to keep customers, the community and ourselves safe from the virus. You assured us it was for 2 weeks, 2 weeks to get the hospitals prepared in case there was an outbreak. Well here we are almost a year later, bills piling up while you choked our income. You tell us they can’t turn your utilities off, okay but it’s still a bill that continues to accrue. And by the way you can’t have a payment plan as a business. We have taxes, we have insurance, we have licenses that all need to be paid. Let’s see, if I put all my bills in one hand and all my income, which is zero, in the other, what do you think is going to happen???

And how about all the guidelines that pertain to me but not the big businesses. Why is that? Why can the casinos open up and have video games and table games but I can’t have a pool table? I can’t have arcade games or a dart machine? I can provide the same amount of protection as a casino can- I can place machines 6 feet apart, I can put plexiglass up, I can provide sanitizer. To play pool only one person is at the table at a time to shoot, how many people are at the table games at a casino? To play darts only one person shoots at a time with their own darts? Are the casino arcade/video games immune to the virus like Walmart, Giant Eagle, Home Depot and countless other big corporate stores? Please explain this to me! Make me understand how this isn’t discrimination. Explain to me why the virus lives at my business and not in the elevator to the casino.

It makes me sick to my stomach every time I go to the mailbox and see bills and taxes due and my lack at being able to pay them at no fault of my own. I didn’t mismanage my money.


From a Member in Lebanon County

We are a small town local bar in Palmyra, Pa. This is our 28th year in business. Where there used to be a bar full of working class folks, there is almost no one. People who used to stop for a beer after work don’t because they have to buy a meal. They just want a place to stop for a drink or two, hear the news or catch up with friends but can’t because they are forced to buy a meal. People can’t afford to do that. They may not spend much but they were here every day after work before the food mandate and removal of bar seating.

The restriction that has had the greatest impact on my business has been the early closing hours. A large percentage of our clientele are second shift people and other restaurant and bar workers. My bartenders would make more than 75% of their tips from other bartenders and servers because our industry takes care of each other. This has changed because of closing early.

I can’t express enough what an economic hardship this has been for my employees. They depend on tips to pay their bills and take care of their family. I have had to layoff people for the fist time in 28 years. I am truly thankful for any help I have received in the grants and loans because I have been able to pay my employees. Food sales are less than 20% of my business. I depend on the sale of beer and alcohol to stay open. I am afraid if things don’t change I will lose my business.

We are following all the rules of social distancing, requiring all patrons and employees to wear masks. we can safely provide bar seating by providing barriers. We are on your side! We want to end the pandemic and keep our patrons and employees safe. This has impacted all Americans. Almost everyone knows someone who has died or gotten the virus.

All we ask is that you take an honest look at what these mandates are accomplishing against the catastrophic harm they are doing to small business.


From a Member in Berks County

Shutting our Business down on the eve of one of our largest sales days when the food and beverages needed were already purchased was the first sign of what was going to come. We lost appx. $5,000 in lost wages and Food and Beverage Inventory. While the first emotion was panic in being shut down, we knew our business would need short term capital to get us through the next few weeks. Payrolls needed to be met, suppliers needed to be paid and taxes filed. We had to put $50,000 into the checking account to keep us afloat. We had 43 employees before being shut down and now we were at 18. We were told that this shut down would be a few weeks. Now 10+ months in we still have no light at the end of this debacle. We have obtained the $10,000 EIDL, $50,000 County Grant, the first round of PPP and we are applying for the second round of PPP. We are thankful for the assistance, but we do not want the government to help, we just want to be open and meet the challenges head on.

Restaurants and Taverns are not the boogeymen you think we are. We have implemented all the new safety guidelines and have gone further to install an air Virus filtration system. We do care and we are concerned. We just do not believe that giving certain people a chance to survive and purposely killing others is good policy. Imagine your family has lost all your personal assets, lost your job and all retirement accounts and pensions have been lost. Sit around for ten more months without pay to support your family. The only relief is government assistance.


From a Member in Clearfield County

We have been in operation since September of 1977 and have seen many challenges and struggles in our Industry over the years but none like the present challenge due to Covid 19. …

Our business in 2020 sustained a six-figure loss of revenue that we will never recover. …

It is time to allow Business owners the right to rebuild, recover and re-employ Pennsylvania workers in the Restaurant Industry. …

We can provide a safe environment to conduct business. …


From a Member in Westmoreland County (reception venue)

We have been a family-owned business for 63 years. We have four ballrooms and every weekend the ballrooms were filled with laughter with weddings, outdoor ceremonies, anniversaries, proms, and other special occasions. We hold up to 500 guests. We are now down to zero!

This pandemic has destroyed our business. Rooms remain empty and some rooms have remained empty for one yere. There is no end in site as we are now getting cancellations for events for the summer months.

Employees are laid off and chefs were taken off salary and are on part time. 2 waitstaff workers are employed part time out of a staff of 30. In 63 years, we never laid anyone off.

The government has made us certify our business to do 50% capacity and we are afraid, as we are threatened by the Liquor Control Board, for violations and fines if they find something wrong. We are taking money out of our savings to keep the building going with expenses, property taxes, and insurance. Soon, we will have a month that $100,000 is due for insurance and property taxes. PPP money did help some, but has been gone for some time. The money was greatly appreciated. The owners have not taken a paycheck since last year to keep the business going. We just need to open to pay our own bills.

We are asking the media and government to assist in more positive statements instead of constantly talking about ventilators and deaths. Everyone knows this virus is serious. We all know what to do and keep our business safe and healthy. We would like to have a positive attitude about the vaccine and how this is helping our community to get back to normal. … We need to get our community confident to be around each other with no problems.

We have thrown so much food out with opening and closing several times I lost track of the loss. Our loss affects all our purveyors as they are asking – where are your orders?

We need help in making a positive outlook for the restaurant/hospitality industry or we will not make it.


From a Member in Adams County

On January 1, 1973 a 25-year-old became the owner of the Franklin House Tavern in Hanover after purchasing it from his parents, who had bought it in 1959. He continued to operate the Franklin House Tavern for the next 47 years.

Then COVID happened and mandates happened.

On March 16th, 2020 when leaders mandated that bars and restaurants close for 10 days, in effect they ordered the death of the Franklin House Tavern and many other bars and restaurants in the Commonwealth. The order was to close for 10 days. We thought, ok—we can do this. It won’t be that bad. But then the 10 days were stretched into 87 days of closure. Despite being closed and not needing to purchase inventory, our expense to be closed was $500 per day. That covered utilities, taxes, insurance and other miscellaneous bills. We still had to pay these bills with no revenue coming in. Over 87 days, the bills totaled $43,500 with no income coming in. The business was debt free except for monthly operating expenses. We kept paying the bills and praying for the reopening day knowing the $43,500 could never be recouped.

When counties across the Commonwealth started opening under the stoplight method, we watched and read what leaders were doing to open safely. We combed through the information the CDC had on its website. We printed and laminated signage. We created an employee manual of how to do this or how to do that; we had custom made face masks made for each employee out of green and purple Crowne Royal bags; we bought and labeled personal size spray bottles for the employees to have their own sanitizer for their face masks; we bought no-touch thermometers for temp taking at shift change; we created a sanitizing chart for the bar and kitchen areas; we bought CDC approved hospital grade sanitizer for common areas; we did individual sized condiment packages; prepacked plastic silverware; disposable dishes. EVERYTHING the CDC recommended to operate safely—we were ready. We had an employee meeting 48 hours before opening to go over everything that needed to be done so that our employees could safely return to work.

On June 12th we reopened at 50% occupancy. We had people socially distance, we counted people coming and going. We played by the rules. We believed what we were being told by the officials in Harrisburg. Income was down because of reduced occupancy but we believed we could survive this.

On July 15th, with no warning our occupancy was cut to 25%, food was required with an alcoholic beverage purchase—and had to be on the tabletop if alcoholic beverages were on the table. No alcoholic beverages after 11 p.m. AND no customers sitting at the bar. We played by the rules. The rules hurt. Hanover is a shift-working community. Our late-night business is where we made our money. Second shift workers that got off work at 11 p.m. would come in, get something to eat and have a couple of drinks. 11 p.m. was their 5:00. Business income declined dramatically. Playing by the rules was hurting us. Playing by the rules was killing us.

When the mandate came out that said no alcoholic beverages after 5:00 on Thanksgiving eve, we played by the rules. We closed.

When the mandate was issued to close December 11, 2020 -January 4th, 2021, we played by the rules and we closed.

At home, in our private conversations, we knew could not withstand another shutdown of 3 weeks. Our first thought was that the shutdown might go longer than January 4th. Afterall, the March 16th shutdown was supposed to be 10 days and it went 87 days. Our next thought was that the first quarter of the year is the worst for us financially speaking. Having been closed 97+ days in 2020, occupancy reduced to 25%, no alcohol sales after 11 p.m. and no sitting at the bar…we knew we were done.

We utilized PPP money, we applied for grants, we did everything possible to stay open. We worried about our employees and how they were going to survive. Many of them applied for partial unemployment in July and in November some still had not received anything.

We should have started our 48th year of business on January 1st. Instead, we, like many other mom and pop businesses in PA are closed permanently. Our debt free business that had existed 61 years in one family could not survive the mandates.


From a Member in Allegheny County

I want to let you know how all these mitigation orders are affecting my bar/business. I am located in a small town in Allegheny County. My bar is just that ….. a small local bar. My sales are based more on alcohol than food. Everyone that patronizes my bar pretty much knows each other. They come to socialize, play pool, darts, and listen to the juke box. I’ve had college students stop in and say how much they miss ‘their night’, ie college night. We’ve missed a new group of students. And sadly, I don’t think we will get to meet them anytime soon.

My bills don’t just go away because I have no sales. I’ve had to stop, re-start, stop, re-start my dumpster service, bar towel service, satellite service so many times that it is beyond ridiculous. I’m sure these companies don’t appreciate it either because they in turn are losing money.

I have lost between $500,000-$600,00 in the past year. You have taken every holiday away from us to earn extra money. We grocery shop and then you tell us we need to close down, which means any fresh items end up in the trash. Once again, more money lost.

How do you expect us to survive? Then all the paperwork we have to fill out just to get grant money. I’m still waiting for paperwork to have my ‘loan’ forgiven.

How do you expect my employees to survive? My bartenders especially have lost a lot of money.
No one wants to lose their business that they’ve sunk their heart and soul into. It has been totally unfair that bars & restaurants have been the primary target pretty much since day one.

You say that certain stores are a necessity. But I disagree to a point. How is going to Walmart to buy paint a necessity? Last year when we were shut down, Lowes, Home Depot, etc were booming because everyone did all their remodeling, painting, planting. Like I said, how is that a necessity? I understand they may need to be open if your washing broke and you need a new one or you need a part but everything else is ludicrous.

I’ve followed all these rules every single time. But I have to admit I’ve been tempted not too. How much money am I going to lose this year? I’d say for the month of January I lost a minimum of $40,000.
I’ll end this now with: How do you tell a bar they can stay open until midnight, but can’t sell alcohol after 11 pm? What is the point?

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.