[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/self-certification-bar-restaurant\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/self-certification-bar-restaurant\/","headline":"Is Self-Certification Right for Your Bar or Restaurant?","name":"Is Self-Certification Right for Your Bar or Restaurant?","description":"Pennsylvania\u2019s bars and restaurants appear to be headed for yet another change in the way they are […]","datePublished":"2020-09-25","dateModified":"2021-10-19","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/jason-ulrich\/#Person","name":"Jason Ulrich","url":"https:\/\/www.grossmcginley.com\/resources\/author\/jason-ulrich\/","identifier":50,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Jason-A-Ulrich-headshot-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Jason-A-Ulrich-headshot-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2020\/09\/kitchen-731351_1920-01487983x9F954.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2020\/09\/kitchen-731351_1920-01487983x9F954.jpg","height":800,"width":800},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/self-certification-bar-restaurant\/","about":["Blog"],"wordCount":618,"keywords":["Business Law","COVID-19","liquor law"],"articleBody":"Pennsylvania\u2019s bars and restaurants appear to be headed for yet another change in the way they are permitted to operate their businesses. In our update last week, located here, we provided information regarding Governor Wolf\u2019s September 17, 2020 Order, which created a self-certification program for bars and restaurants as a pathway \u00a0to expand indoor capacity limits and requiring alcohol sales to close by 11:00 PM. Now, less than a week later, the Pennsylvania General Assembly has passed House Bill 2513 to replace and loosen the restrictions placed on the restaurant and bar industry under the serial orders that have been issued by the Governor. So, if you’re a bar or restaurant owner, should you self-certify?House Bill 2513If signed into law, HB 2513 would revise Pennsylvania\u2019s bar and restaurant restrictions as follows:\tBars and restaurants would be permitted to operate at 50% capacity for indoor dining by following the CDC and Pennsylvania\u2019s social distancing guidelines or maintaining physical barriers.\tThe requirement for food to be served with alcohol sales would be lifted; and\tBar service and the use of bar seating for both food and alcohol sales would be permitted.How House Bill 2513 impacts PA’s self-certification processNotably, HB 2513 does not require bars and restaurants to go through, and in turn comply with, the self-certification process created under the Governor\u2019s September 17, 2020 Order as a condition to access 50% capacity. Additionally, while the bill does not appear to disturb the 11:00 p.m. cutoff for alcohol sales under the Governor\u2019s previous order, the bill does contain a provision that would prevent Governor Wolf from issuing any further orders prohibiting bar service or requiring food service with alcohol.It is also important to note that the operating restrictions contained in the Governor\u2019s Order and HB 2513 are separate and distinct from the gathering restrictions that were recently struck down in federal district court on September 14, 2020, and which will be discussed in a separate article.While Governor Wolf has vowed to veto HB 2513, the bill was passed with a vote of 145-56 in the House and 43-6 in the Senate, exceeding the two-thirds majority that would be needed to override any veto by the Governor. \u00a0If such veto override occurs, House Bill 2513 will become law, and it will be the standard by which bar and restaurant owners will have to conduct themselves.Is self-certification right for your bar or restaurant?With the relaxed restrictions now pending on Governor Wolf\u2019s desk, bar and restaurant owners who have not already self-certified under the Governor\u2019s September 17, 2020 Order should weigh the cost and benefits of either going through the self-certification process to begin operating at 50% capacity immediately or forgoing the extra 25% operating capacity in the interim while HB 2513 remains pending.As part of that cost-benefit analysis, restaurant and bar owners should note that HB 2513\u2019s only requirement to operate at 50% indoor dining capacity is to either:(1) maintain CDC and Pennsylvania social distancing guidelines, or(2) maintain physical barriers.On the other hand, the self-certification process requires bars and restaurants to certify compliance with all public health and safety measures included in the CDC\u2019s Health Guidelines for Restaurants and Bars, PA\u2019s Worker Safety Order, and PA\u2019s Safety Guidelines for Businesses. It is important to note that the enforcement mechanisms and possible penalties for both of these paths are not yet fully developed, adding further uncertainty.For now, restaurant and bar owners should continue to expect further changes and updates. As always, the attorneys of Gross McGinley, LLP are here to help you with any questions.Attorneys\u00a0Jason A. Ulrich,\u00a0Thomas E. Reilly, Jr.\u00a0and\u00a0Ross Ramaley\u00a0practice in Gross McGinley\u2019s Business Services Group, providing legal counsel to regionally and nationally-held businesses."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Is Self-Certification Right for Your Bar or Restaurant?","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/self-certification-bar-restaurant\/#breadcrumbitem"}]}]