As with most Pennsylvania businesses, the present COVID-19 crisis has been enormously stressful and rapid fire for many restaurants, beer breweries and other establishments selling alcohol within the commonwealth. The developments have been constant, and sometimes feel unclear. However, the Pennsylvania Liquor Control Board’s guidance, coupled with recent alcohol law liberalization in the commonwealth, has cleared a path for home delivery of alcohol to customers during, and after, this crisis. Accordingly, home delivery provides Pennsylvania establishments with flexibility to continue selling its product to customers during the pandemic.

Procedural History

On March 6, 2020, Gov. Tom Wolf issued a Proclamation of Disaster Emergency pursuant to Subsection 7301(c) of the Emergency Management Services Code due to the coronavirus outbreak. Shortly thereafter on March 14, Wolf directed all nonessential businesses within certain counties near Philadelphia to close, with the exception that restaurants could remain open for carry-out and delivery. The original March 14 letter also required all bars to close, but directed that beer and wine could still be purchased at grocery stores within the aforesaid counties. Wolf then ordered a complete shutdown of all restaurants within the commonwealth, with the exception of pick-up and delivery.