Governor Wolf Announces Restaurants May Increase Indoor Occupancy to 50 Percent Starting September 21

On Tuesday, September 8th, Governor Tom Wolf announced that restaurants may increase indoor occupancy to 50 percent starting September 21. To ensure that these businesses operate safely as Pennsylvania continues to mitigate the spread of COVID-19, and to instill customers and employees with confidence knowing that they can dine safely, restaurants will commit to strictly complying to all public health safety guidelines and orders through a self-certification process.

Restaurants that self-certify will appear in the Open & Certified Pennsylvania searchable online database of certified restaurants across the commonwealth. Consumers will be able to access this database and find certified businesses in their area, ensuring that consumers can make more informed choices about the food establishments they are looking to patronize.

The self-certification documents and information about the Open & Certified Pennsylvania program can be found online starting September 21 and will contain the following: 

  • A list of requirements contained in the current restaurant industry guidance and enforcement efforts;  
  • A statement that the owner has reviewed and agrees to follow these requirements; 
  • The business’ maximum indoor occupancy number based on the fire code; and 
  • A statement that the owner understands that the certification is subject to penalties for unsworn falsification to authorities.  

Any restaurant that wishes to increase to 50 percent indoor capacity on September 21 must complete the online self-certification process by October 5. Business owners should keep a copy of the self-certification confirmation they will receive by e-mail. Social distancing, masking and other mitigation measures must be employed to protect workers and patrons. Further, starting September 21 restaurants that have alcohol sales will close alcohol sales at 10:00 PM.

Additionally, restaurants that self-certify will be mailed Open & Certified Pennsylvania branded materials, such as window clings and other signage designating their certification, which they can display for customers and employees.  

The self-certification will be used as part of ongoing enforcement efforts conducted by Department of Agriculture and Pennsylvania State Police Bureau of Liquor Control Enforcement, and will be shared with the departments of State, Labor & Industry and Health, and other enforcement agencies. Restaurants operating at 50 percent capacity will have their self-certification status checked as part of ongoing enforcement by these agencies starting on October 5, and will focus on educating businesses. The commonwealth will continue its measured approach to easing restrictions, keeping the rest of the targeted mitigation tactics specific to the food retail industry in place as restaurants increase capacity to 50 percent.

The self-certification process is modeled after a similar mitigation effort in Connecticut, and the alcohol sales limitation is modeled after a similar mitigation effort in Ohio.

Restaurant owners with additional questions about the self-certification program can contact [email protected].