Jim Price
Moderator
Joined: 07 Dec 2002
Posts: 4817
Location: Altoona, PA
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 Posted: Tuesday May 30, 2006 |
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I today received a response from Senator Jubelirer regarding the PACAG letter I recently signed and sent in. This was his response:
"Thank you for your inquiry about the potential for changing the Pennsylvania Liquor Control Board (LCB) policy regulating sound coming from businesses who serve beer and alcohol.
Clearly, ensuring that the neighboring home owners have peace and quiet has been the over-riding consideration in this matter. Over the years, the burden has remained on the licensee to keep music and other sounds contained on their premises.
There are areas or situations in which there can be exceptions to the state regulation. As a result of Act 212 of 2002 and Act 15 of 2003, a municipality can petition the LCB to be exempted from the state regulation. A municipality may be approved by the LCB to take control of enforcing a local noise ordinance in a specific area after holding public hearings. I have included the section of the law for your review.
I have forwarded your suggestions to the LCB for consideration if this regulation comes up for review. I am not aware of any legislation that would override the LCB's power in this respect. Thank you again for your letter. Please contact my office if you have further questions about this matter.
Sincerely,
Robert C. Jubelirer
Senator, 30th District
(Below is the section of the law Senator Jubelirer included:)
Section 8. Section 493.1(b) of the act, amended December 9, 2002 (P.L. 1653, No. 212), is amended and the section is amended by adding a subsection to read:
Section 493.1. Rights of Municipalities Preserved.
(b) A municipality may file (an application) a petition with the board (to consider) for an exemption from the board's regulations regarding amplified music being heard off the licensed premises for all the licensees within an identifiable area in the municipality (with a concentrated number of licensees). Prior to submitting (an application) a petition, the municipality shall adopt a local noise ordinance and a resolution adopted by its governing body confirming support of (the application) petition, citing the noise ordinance and (their) its intention to enforce the ordinance in place of the board's regulations. Upon receipt of (an application) a petition, including a copy of the noise ordinance, a map of the area to be exempted and resolution, the board shall hold at least one (1) public hearing on the (application) petition. The hearing may be held before a hearing examiner. The hearing shall take place within the identified area and must comply with (all) the notice, recording and public participation requirements of 65 PA.C.S. Ch. 7 (relating to open meetings). Within sixty (60) days after receipt of the (application) petition, the board shall, (in its discretion, approve or disapprove the application) disapprove the petition for an exemption in its entirety or may approve an area more limited for which the exemption will be granted. If the board finds that granting the petition shall have an adverse effect on the welfare, health, peace and morals of the residents living in the vicinity of the identified area; otherwise, the board shall approve the petition. The board may place additional conditions on its approval such as limiting the duration of the approval and any other condition the board deems appropriate. There shall be a right to appeal to the court of common pleas in the same manner as provided by this act for appeals from refusals to grant licenses.
(c) A municipality may rescind any existing exemption from the board's regulations regarding amplified music by notifying the board of its intent to do so in writing, fifteen (15) days prior to the rescission date. Such notice must be accompanied by an ordinance or resolution authorizing the rescission. A rescission of an existing exemption which does not rescind the entire exempted area shall be treated as a new petition for exemption with the board and shallow follow the procedures set forth in subsection (b).
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http://pamusician.net |
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