Philadelphia Medicine Winter-Spring 2021 - 13

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Since the bar opened 83 years ago, it " was never closed until the
pandemic, " Capozzoli said. With the outside dining closed, " we lost
all that business during the holidays, "

Up to 70% closed
Moran noted that in August, about 15% of the approximately
9,000 mom-and-pop taverns and small restaurants were closed. If
the pandemic restrictions last well into this year, it is easy to see
" how you would get up to the 70% " closed, he said.
Moran said that a significant number will not make it through.
" We also know that through this pandemic, at least 81% of the
employees at one point or another have been laid off or furloughed, "
he said.
The association's average member has 16 employees. Studies show
that 13 of those 16 people have been laid off at some point since
last March, Moran indicated.
The stringent certification process left too many questions for
tavern and restaurant owners. According to Moran, only about a
third of the establishments are certified and about two-thirds are
at 25% capacity.
If they are certified with the state, then establishments can have
50% of their occupancy indoors, if they follow social distancing and
wear masks. If they are not certified, then capacity is limited to 25%.
These rules are hard on the smallest places, such as " corner bars in
Philly that don't have any seating, any tables, who can't seat people
at the bar, " Moran said.
For certification, establishment owners have to ensure the state
that they will be following these set of rules.
However, many " don't trust the state at this point, the ones that
didn't certify, " he said. " The Pennsylvania liquor enforcement agency
will check on the bars, to make sure they follow all the rules. They
have a reputation for making it too hard at times, and some who
make a simple, innocent mistake can get fined pretty heavily. With
the certification process, when you sign it, if you make a mistake,
not only can your license get dinged, but it's a misdemeanor on the
owner. That scares a lot of people.
" When a patron comes into a bar or restaurant, they have to
wear a mask, unless they are eating. It happens from time to time
when somebody will get up from their seat to go to the bathroom
and forget to put their mask on. If there is an agent in there, that
location could get dinged. "

Must wear mask
If those who are seated inside or outside the bar or restaurant
want to come inside, they must wear a mask.
On the association's website (see this link: https://pataverns.com/
masks/), attorney Christine Nentwig of the CGA Law Firm, York,
noted that 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.
It is consistent with Centers for Disease Control and Prevention

guidance, which states that wearing masks in public places will help
reduce the spread of COVID-19.
According to the article, 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.
" The Centers for Disease Control and Prevention has stated that
face shields are not as effective at protecting others, and they do not
recommend them in place of other approved face coverings, but
they acknowledge such shields may be an option for those unable
to wear a mask, " Nentwig said.
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.
" In the mask context, this might be a respiratory condition, anxiety,
claustrophobia, autism, or other medical conditions that make wearing
or putting on/removing a mask problematic, " Nentwig said. " In
addition to the ADA, most states and many localities have their own
laws prohibiting discrimination on the basis of physical or mental
disability. Each of these laws generally requires businesses and other
places of public accommodation to make reasonable modifications
to allow persons to access these public places. "

Takeout options
For some tavern and bar owners, offering food takeout options
is keeping some afloat.
" It is definitely making a difference, in combination with mixed
drinks to go, " Moran said. " If you have a nice menu and you are set
up to be a restaurant that has a liquor license and you are not close
to where you should be, then takeout with mixed drinks to go has
continued on next page
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Philadelphia Medicine Winter-Spring 2021

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