PRLA Restaurant & Lodging Matters Spring 2020

Spring 2020  •  PENNSYLVANIA RESTAURANT & LODGING matters  • 25 Federal Items Relief From Charges | Business Interruption Insurance | Proposed Salary Threshold PennDOT | PLCB | Pa. Department of Agriculture | Department of Revenue Scheduling Regulatory Items PENNDOT PennDOT announced that expiration dates for driver licenses, identification cards, and learner’s permits, will be extended for Pennsylvania residents in response to statewide COVID-19 mitigation efforts. Those scheduled to expire from March 16, 2020, through May 31, 2020, are now extended through June 30, 2020. PLCB PRLA testified at a Senate hearing on May 6 regarding how the PLCB responded to the coronavirus pandemic. All state stores are reopened and accepting licensee orders via LOOP. Once a county enters the yellow stage of re-opening, operations and in-store shopping will be permitted. PA. DEPARTMENT OF AGRICULTURE The Pennsylvania Department of Agriculture in April adopted the temporary FDA Food Labeling Policy. State food safety inspectors will allow restaurants and food manufacturers the flexibility to sell bulk foods and ingredients to their customers without the usual labeling requirements. If your restaurant is interested in adding a corner market concept, please reach out to your distributors and broadliners for guidance and assistance. DEPARTMENT OF REVENUE The Department of Revenue is asking businesses to simply remit through e-tides the sales tax that they collected during the prior month. The due dates to remit sales tax will be May 20 and June 22, which follows the standard due dates for monthly filers who have no prepayment requirement. CARES Act | PPP—Loan Forgiveness | Business Interruption Insurance FAMILIES FIRST CORONAVIRUS RESPONSE ACT The Families First Coronavirus Response Act is in effect and is now being enforced by the U.S. Department of Labor. This legislation allows employees in businesses with less than 500 employees to use paid sick leave and paid family leave as it pertains to the Coronavirus. This leave is available until December 31, 2020, and the leave is reimbursable. CARES ACT The National Restaurant Association, American Hotel & Lodging Association, and US Travel continue to advocate for fixes to the CARES Act: • Extending the date to use the PPP loan past June 30, 2020 • Providing more funding to the PPP loan • Changing the 75/25 percent ratio as it relates to use of the loan to 50/50 • Allow other non-profit organizations to access the PPP PPP—LOAN FORGIVENESS Hopefully by the time you read this article, the Treasury Department will have provided details on what the basis will be for loan forgiveness under the PPP. EIDL AND ERTC Don’t forget that if you are not eligible and/or have not applied for a PPP loan, you can still apply for an Economic Injury Disaster Loan (EIDL) and/ or utilize the Employee Retention Tax Credit (ERTC). COVID FOUR Congress has returned and talk has begun about the “next” recovery package and what it will contain. AH&LA and NRA continue to push for the previously highlighted changes relating to the PPP, financial assistance similar to what business interruption insurance should have provided in addition to tax breaks/incentives to help businesses come out on the other side of the crisis. BUSINESS INTERRUPTION INSURANCE Congressman Brian Fitzpatrick, along with bipartisan co-sponsors, introduced the Never Again Small Business Protection Act to provide small businesses access to business interruption insurance that will help keep them afloat during national emergencies in the future. Unfortunately, the bill is not able to be retroactive at the federal level, but it an attempt to draw attention to this issue and advocate for funding to businesses.