As Pennsylvania Re-opens for Business, Additional Guidance for Businesses is Released

FLB Law      May. 28, 2020

As Pennsylvania re-opens for business, with all counties moving to the Yellow Phase by June 5 and some counties already in the Green Phase,  new guidance has been issued for businesses as they move through the phases, in addition to the Business & Building Safety Guidelines.

  • For counties moving into green phase the following guidance was issued:
    • Personal care services, (i.e., hair salons and barber shops) must operate by appointment only; appointments or reservations are also strongly encouraged for gyms or spas.
    • Any gathering for a planned or spontaneous event of greater than 250 individuals is still prohibited. (e.g., including but not limited to concerts, festivals, fairs, conferences, sporting events, performances etc.).
      • Churches, synagogues, temples, mosques and other places of congregate worship are specifically excluded from the limitations established by the order. These institutions are strongly encouraged to enforce social distancing and other mitigation measures such as masking at their gatherings.
    • Visitation to prisons and hospitals may resume subject to the discretion of the facility. Visitors who interact with residents and patients must be diligent regarding hygiene. Given the critical importance of limiting COVID-19 exposure in nursing homes, nursing home visitation restrictions will initially remain in place.
    • Restaurants/retail food services establishments may start dine-in service in both indoor and outdoor seating areas, so long as they strictly adhere to the requirements of the guidance, including maximum occupancy limits:
      • Bar seating may be utilized if customers are seated and comply with physical distancing guideline of at least 6 feet or physical barriers between customers.
      • Standing in a bar area is not permitted.
      • A maximum of four customers that have a common relationship may sit together at the bar, while adhering to the physical distancing guidelines or barriers between other customers.
  • For counties still in yellow or moving to yellow, specific guidance for outdoor dining was issued:
    • Restaurants/retail food service businesses in yellow counties are permitted to add dine-in service in outdoor seating areas so long as they strictly adhere to these requirements, including maximum occupancy limits:
      • Indoor areas, including bar areas, of restaurants and retail food service businesses must be closed to customers except for through-traffic.
      • Non-bar seating in outdoor areas (i.e., tables or counter seats that do not line up to a bar or food service area) may be used for customer seating.
      • Customers being served must be seated at a table.
      • The following are not permitted:
        • Self-service food or drink options, such as buffets, salad bars, condiments, and drink stations.
        • Condiments on tables; these must be dispensed by employees upon the request of a customer.
        • Reusable menus.
        • Refilling food and beverage containers or allowing implements brought in by customers.
  • Professional sports, defined as any sporting event at which the participants are paid by a league or team, or at which individuals or teams receive prizes or purse, are allowed to practice or play in the yellow and green phases of reopening without on-site or venue spectators if the team (or league on behalf of the team) has developed a COVID-19 safety plan.

We will continue to monitor and provide guidance on business openings and restrictions as they become available. We are here to assist your business with questions about interpreting these Orders and other legal needs arising during this challenging time. Please contact us using the form below, or give us a call at 610-797-9000.

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