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Outdoor dining permitted in yellow phase counties

Bucks County is expected to move to the yellow phase of Gov. Tom Wolf’s reopening plan on June 5

As more counties move to yellow and green, Gov. Tom Wolf issued an order to elaborate on the reopening process, guidance on outdoor dining in yellow phase counties, dining in green counties, and professional sports in yellow counties.

The Wolf Administration worked with the Pennsylvania Restaurant and Lodging Association to develop guidance on dining in both the yellow and green phases.

Yellow Phase Outdoor Dining

Beginning June 5, restaurants and retail food service businesses located in counties designated as being in the yellow phase are permitted to add dine-in service in outdoor seating areas so long as they strictly adhere to the requirements of the guidance, 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 (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.

Prohibitions are also included. 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

Green Phase Dining

Retail food service businesses, including restaurants, and bars located in counties designated as being in the green phase are permitted to provide take-out and delivery sales, as well as 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 guidelines of at least 6 feet or physical barriers between customers. Standing in a bar area will not be 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.
– No business is required to conduct in-person operations and should not do so if unable to follow applicable guidance.

Dining guidance provides businesses and employees in the restaurant and retail food service industry with specific details on operations, including following the Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public, available here, and provisions specific to mask-wearing, table-spacing, occupancy limits, sanitization, and implementation of a COVID-19 prevention plan, among other provisions to ensure worker and customer safety.

The dining guidance also notes that restaurants and retail food service businesses located in counties designated as being in the red phase are permitted to provide take-out and deliver sales only and may not allow the service or consumption of food or beverages on the premises.

Professional Sports Guidance

The Wolf Administration has worked with Pennsylvania’s professional sports teams to develop guidance that allows for competition to resume.

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.

Such a plan must be approved by the Pennsylvania Department of Health and include, among other requirements, testing or screening and monitoring of all on-venue players and personnel. Also, no fans or spectators may be permitted on interior or exterior venue property. Professional sports organizations are encouraged to contact the Wolf Administration to share their reopening plans and get them approved by the Department of Health.

Green Phase Order

When a county enters the final green phase, the following restrictions are in place:

– Personal care services, including 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 prohibited. This includes, but is not limited to, a concert, festival, fair, conference, sporting event, movie showing or theater performance.
– 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.

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