March 19, 2020
I just received the below notification from the Pennsylvania Department of Labor and Industry. I thought it was important to share this information with you.
Governor Tom Wolf today ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations as of 8 p.m. today, March 19, to slow the spread of COVID-19. Enforcement actions against businesses that do not close physical locations will begin at 12:01 a.m. Saturday, March 21. Allowed to stay open are gas stations, grocery stores, beer distributors, drugstores and building materials stores. Businesses under shutdown orders range from coal mines to building contractors to many types of manufacturers, plus professional offices including law firms and accounting offices. Retailers ordered to close include car dealers, clothing stores, furniture stores, florists, office supply stores and lawn and garden stores.
Here is the link to the list of businesses that must close.
In extenuating circumstances, special exemptions will be granted to businesses that are supplying or servicing health care providers.
“To protect the health and safety of all Pennsylvanians, we need to take more aggressive mitigation actions,” said Governor Wolf. “This virus is an invisible danger that could be present everywhere. We need to act with the strength we use against any other severe threat. And, we need to act now before the illness spreads more widely.”
The governor had previously encouraged non-life-sustaining businesses to close to mitigate the spread of COVID-19. Restaurants and bars were already required to stop all dine-in services. Enforcement for establishments with a liquor license began at 8 p.m. March 18, and enforcement for all other food establishments will begin at 8 p.m. tonight. Food establishments can offer carry-out, delivery, and drive-through food and beverage service, including alcohol.
Pursuant to the Emergency Management Services Code, the governor is granted extraordinary powers upon his declaration of a disaster emergency, such as COVID-19. Among these powers, the governor may control the ingress and egress into the disaster area, the movement of persons, and the occupancy of premises within the disaster area, which has been established to be the entire commonwealth for the COVID-19 disaster emergency. The secretary of health separately is authorized under the law to employ measures necessary for the prevention and suppression of disease.
Separately, and taken together, the administration is exercising these powers to temporarily close all non-life-sustaining businesses and dine-in facilities at all restaurants and bars across the commonwealth. Persons must be removed from these premises to cope with the COVID-19 disaster emergency.
Failure to Comply and Enforcement
Failure to comply with these requirements will result in enforcement action that could include citations, fines, or license suspensions.
The governor has directed the following state agencies and local officials to enforce the closure orders to the full extent of the law:
·
Pennsylvania Liquor Control Board
·
Department of Health
·
Department of Agriculture
·
Pennsylvania State Police
·
Local officials, using their resources to enforce closure orders within their jurisdictions
Private businesses, local organizations and other noncompliant entities that fail or refuse to comply with the governor’s orders that protect the lives and health of Pennsylvanians will forfeit their ability to receive any applicable disaster relief and/or may be subject to other appropriate administrative action. Such action may include termination of state loan or grant funding, including Redevelopment Assistance Capital Project (RACP) grant funding and/or suspension or revocation of licensure for violation of the law.
Finally, in addition to any other criminal charges that might be applicable, the Department of Health is authorized to prosecute noncompliant entities for the failure to comply with health laws, including quarantine, isolation or other disease control measures. Violators are subject to fines or imprisonment.
Business Loans and Support
The Department of Community and Economic Development (DCED) offers working capital loans that could be of assistance to businesses impacted by COVID-19. Resources and information will be posted to
http://dced.pa.gov/resources
as they become available. The U.S. Small Business Administration, in addition to local funding partners, may also be a source of assistance for affected businesses.
The Wolf Administration today announced the availability of low-interest loans for small businesses and eligible non-profits in all 67 counties in Pennsylvania through the U.S. Small Business Administration (SBA).
Businesses seeking guidance from DCED can also contact its customer service resource account at
ra-dcedcs@pa.gov or by calling 1-877-PA-HEALTH and selecting option 1.
Stay healthy and safe,
Marty McCarthy, CCIFP
Managing Partner
McCarthy & Company
Disclaimer: This alert is for informational purposes only and does not constitute professional advice. Information contained in this communication is not intended or written to be used as tax advice, and cannot be used by the recipient to avoid penalties that may be imposed under the Internal Revenue Code. We strongly advise you to seek professional assistance with respect to your specific issue(s).
