(The photo above was taken prior to the pandemic and masking requirements)
“We are definitely stuck between a rock and a hard place,” Ryan Gruhn, owner of Central PA MMA, told Ferguson Township supervisors July 6 during a hearing on a resolution that establishes guidelines for outdoor sales of food and merchandise amid the COVID-19 pandemic.
The board unanimously approved the measure.
Gruhn said that although CPAMMA is following protocol with masking and taking every precaution necessary as it reopens after the shutdown, some of his clients won’t come back to an indoor gym at this time.
“Many, and for us it is 80 percent of clientele, do not want to do classes inside,” said Gruhn.
“If we are allowed to do them outside, then we regain that 80 percent of our student base that we are missing right now.”
The resolution eases certain ordinances to enable businesses to safely and effectively operate outdoors in conjunction with implementing state and industry guidelines regarding social distancing, sanitation and public health.
Ferguson moved to establish the resolution because many businesses, like CPAMMA, “had to turn themselves inside-out if local businesses are to reopen in a way that provides for more safe distancing between patrons,” said Director of Planning Jenna Wargo.
She added, “We have gotten requests from gyms, we have gotten requests from private schools, restaurants … so this resolution really encapsulates what staff has heard.”
The resolution is slated to end 30 days following the lifting of the governor’s capacity restrictions in areas and on properties where it might otherwise be prohibited.
The resolution states:
– Business owners seeking to use outdoor space to conduct commercial activity and dining shall be responsible for compliance with all state and federal statutes, regulations and orders, as well as obtaining permission from the landlord or owner of the property where the use is being requested.
The terms of this resolution and the guidelines to conduct outdoor commercial activity and dining expressly do not excuse business owners from complying with federal and state orders, including, but not limited to, those relating to COVID-19 mitigation nor pre-existing statutes and regulations such as Pennsylvania Department of Health requirements relating to outdoor dining.
– The township will temporarily suspend enforcement of certain township ordinance regulations related to yard area setbacks and parking requirements to the extent necessary to enable businesses to utilize areas on their private property to display products, provide tables, chairs and/or gathering space for use by their patrons.
– The business owner seeking to use outdoor space to conduct commercial activity shall nevertheless provide sufficient parking to meet the needs of its customers.
– If a business owner uses part of a sidewalk, the business owner shall allow sufficient space for pedestrians and individuals with handicaps to traverse the sidewalk. The business owner may not extend tables beyond the footprint of the business.
– If a business owner uses spaces in a parking lot, the business owner shall provide safe separation between its customers and vehicles with the use of physical barriers and signage approved by the zoning officer and the Police Department, and shall not occupy any handicap parking areas.
– If a business owner uses a tent or other enclosure for the sale of food, merchandise, or gathering space, the enclosure shall be subject to applicable requirements of the Uniform Construction Code.
– The business owner seeking to use outdoor space to conduct commercial activity shall abide by all township nuisance regulations, including, but not limited to, noise, lighting and odor.
“I am very supportive of this. … I really want to do anything we can in the township to allow for business to be profitable while maintaining the governor’s orders,” said supervisor Laura Dininni.
Guidelines and an application are posted on the township website In addition, township staff will host a Zoom webinar for local businesses to share information and answer questions.
Harris Township Suspends Parking Regulations to Assist Businesses
Harris Township supervisors passed a resolution in June establishing guidelines and policy for outdoor sales of food and merchandise at existing businesses in the township.
The resolution suspends through Oct. 31, 2020 parking regulations on business properties and allows for sales and outdoor dining in those areas. Businesses must maintain any existing ADA parking in their lots and ADA requirements cannot be waived by the township.
Tracey Moriarty, owner of Duffy’s Boalsburg Tavern, advocated for the resolution, citing health and safety concerns and the detrimental economic impacts of pandemic restrictions on the historic establishment.
‘This is such an extraordinary time for us and my focus has been on saving this tavern,’ Moriarty said during the supervisors June 19 special meeting. She said that the safety of her staff and customers are her primary concern and the tavern has been adhering strictly to all public health safety guidelines. But she knows many people will not be comfortable dining indoors at restaurants even if the state’s indoor dining restrictions were to be lifted in the coming months.
Following the approval of the resolution, Duffy’s, 113 E. Main St. in Boalsburg, expanded its patio into its parking lot with tables distanced 8 to 12 feet apart.
With indoor capacities reduced under state orders, outdoor options have become important for restaurants. They became even more important this week when Gov. Tom Wolf announced new restrictions on bars and restaurants.
Those restrictions include reducing indoor dining capacity to 25 percent and allowing alcohol sales only for takeout or at a table when served with a meal.
Outdoor dining, however, can continue under existing guidelines.
StateCollege.com’s Geoff Rushton contributed to this report.
