Subchapter B. NOTICE POSTING


Sec.


3.11.    Definitions.
3.12.    Notice posting generally.
3.13.    Retail liquor and retail malt and brewed beverage licenses, importing distributor and distributor licenses.
3.14.    Applicant responsibility.

Source

   The provisions of this Subchapter B adopted January 1, 1955, unless otherwise noted.

Cross References

   This subchapter cited in 40 Pa. Code §  17.13 (relating to protests/intervention procedure).

§ 3.11. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Controlling interest—The power or authority to manage, direct, govern, administer or oversee the operation of a licensed business.

Source

   The provisions of this §  3.11 adopted January 1, 1955; corrected July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended January 16, 1981, effective January 17, 1981, 11 Pa.B. 355; amended August 22, 1986, effective January 1, 1987, 16 Pa.B. 3114, as it relates to protests and intervention; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial pages (110136) and (117777).

§ 3.12. Notice posting generally.

 (a)  The purpose of notice posting is to identify to the public that an application has been filed with the Board for a new alcoholic beverage license or a change in location or ownership status of an existing license.

 (b)  The Board may require notice posting for an application of any class of license when it is determined the posting is in the public interest.

 (c)  A notice shall be in the size and form the Board requires; no other is acceptable. A notice shall contain only language supplied and required by the Board.

Source

   The provisions of this §  3.12 adopted January 1, 1955; amended January 16, 1981, effective January 17, 1981, 11 Pa.B. 355; amended through August 22, 1986, effective January 1, 1987, 16 Pa.B. 3114, as it relates to protests and intervention; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial pages (117777) to (117778) and (110139).

§ 3.13. Retail liquor and retail malt and brewed beverage licenses, importing distributor and distributor licenses.

 (a)  An applicant for a retail liquor license, retail malt and brewed beverage license, importing distributor, distributor license or for the transfer or extension of premises of these licenses, whether person to person, place to place, or both, shall post notice.

 (b)  Except for nonprofit clubs, retail liquor licensees, retail malt and brewed beverage licensees, importing distributor and distributor licensees, reporting a change in officers, directors or stockholders, which would constitute a change in majority ownership or controlling interest, shall post notice of the change. Except for nonprofit clubs, if a corporate licensee is owned by two persons each of whom owns 50% of the corporation, then any change in ownership shall require posting.

 (c)  The filing of an application for extension of premises shall be governed by Chapter 7, Subchapter B (relating to extension of licenses).

Source

   The provisions of this §  3.13 adopted January 1, 1955; amended January 16, 1981, effective January 17, 1981, 11 Pa.B. 355; amended through August 22, 1986, effective January 1, 1987, 16 Pa.B. 3114, as it relates to protests and intervention; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (243257) to (243258).

§ 3.14. Applicant responsibility.

 (a)  The applicant is responsible for the posting and maintenance of the notice at all times during which the action is pending.

 (b)  The notice shall be posted at or near the entrance to the premises in a conspicuous place which can be observed readily by the public. In the case of a vacant lot, posting shall be on a post or stake of permanent material, at the midpoint of the largest boundary fronting on a public thoroughfare at a point not more than 10 feet from the sidewalk, or roadway in the absence of a sidewalk. The notice shall be mounted upon heavy cardboard, wood or other substantial backing affixed to the post or stake so it is readily visible from the sidewalk or roadway.

 (c)  The notice shall be continuously posted commencing with the date the application is filed with the Board until notice of approval or disapproval is rendered.

 (d)  An application may be refused by the Board if notice is not posted as required.

Source

   The provisions of this §  3.14 adopted January 1, 1955; reserved August 22, 1986, effective August 23, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective September 6, 1986, 16 Pa.B. 3292; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110139).

Notes of Decisioins

   Duration of Posting

   The Liquor Control Board (Board) did not abuse its discretion in a new restaurant liquor license when the applicant failed to post its notice continuously from the date of application to the date of the Board’s decision, because the proposed premise was properly posted well in excess of 30 days from the initial posting date and for the majority of the time from the filing of the application to the Board’s decision; this 30-day period is most important because it is during this period that a petition to intervene or protest must be filed with the Board by parties concerned about the license application. In re Asprey, Inc., 693 A.2d 257 (Pa. Cmwlth. 1997); appeal denied 702 A.2d 1061 (Pa. 1997).



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