Jim Price
Moderator
Joined: 07 Dec 2002
Posts: 4817
Location: Altoona, PA
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 Posted: Tuesday Jul 29, 2008 |
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In light of the thread discussing the Memories shutdown on Saturday (http://www.rockpage.net/phpbb2/viewtopic.php?t=19133), I thought I'd print the provisions of the state's Liquor Code regarding local municipalities wishing to enforce their own noise ordinances over the PLCB's law, and the PLCB's outlined processes for doing this.
The first is from the PLCB website, http://www.lcb.state.pa.us/plcb/cwp/view.asp?a=1334&Q=546255. It states:
| Quote: | SECTION 4-493.1. Rights of municipalities preserved
(a) Nothing in this act shall be construed to preempt the right of any municipality to regulate zoning and enforce any other local ordinances and codes dealing with health and welfare issues.
(b) A municipality may file a petition with the board 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. Prior to submitting a petition, the municipality shall adopt a local noise ordinance and a resolution adopted by its governing body confirming support of the petition, citing the noise ordinance and its intention to enforce the ordinance in place of the board's regulations. Upon receipt of 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 petition. The hearing may be held before a hearing examiner. The hearing shall take place within the identified area and must comply with 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 petition, the board shall 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 shall follow the procedures set forth in subsection (b).
(d) Notwithstanding any other provision of law to the contrary, a restaurant liquor license located on premises owned by a city of the first class, listed on the National Register of Historic Places and which contains a structure that is at least one hundred (100) years old shall not be subject to the board's regulations regarding amplified music. |
This next section is from the Pennsylvania Code website, http://www.pacode.com/secure/data/040/chapter5/subchapCtoc.html. It states the following:
| Quote: | 5.36. Municipal noise ordinances.
(a) A municipality that desires exemption from the Board’s regulation regarding amplified music being heard off the licensed premises, § 5.32 (relating to restrictions/exceptions), shall, under section 493.1(b) of the Liquor Code (47 P. S. § 4-493.1(b)), file a petition with the Board, requesting approval. With its petition, the municipality shall file the following:
(1) A copy of the municipality’s noise ordinance currently in effect.
(2) The municipality’s resolution that:
(i) Confirms the municipality’s support of the petition to substitute the municipal noise ordinance for the Board’s regulation.
(ii) Cites the municipal noise ordinance.
(iii) States the municipality’s intention to enforce the ordinance in place of the Board’s regulations.
(3) A complete written description of the boundary lines for the proposed exempted noise area.
(4) One copy of a geographical map, the minimum size of which is 36" x 36", including the designated boundary lines of the proposed exempted noise area within the municipality.
(5) Three copies of the geographical map required by paragraph (4), the size of which will be 81/2" x 111/2".
(6) Identification of a proposed location, within the proposed exempted noise area, to be used by the Board to hold the required public hearing within the proposed exempted area.
(7) Identification of a local print publication of general circulation that would satisfy 65 Pa.C.S. Chapter 7 (relating to open meetings) notice requirement for announcement of the required public hearing.
(b) A date for a public hearing shall be set and public notice given in advance of the hearing: The hearing must comply with all notice, recording and public participation requirements of 65 Pa.C.S. Chapter 7.
(c) Within 60 days after receipt of the petition, the Board will disapprove the petition for an exemption in its entirety or may approve an area more limited for which the petition will be granted if the Board finds that granting the petition will 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 will approve the petition.
(d) The Board may place additional conditions on the petition’s approval such as limiting the duration of the approval and any other condition the Board deems appropriate.
(e) There shall be a right to appeal to the court of common pleas in the same manner provided by this act for appeals from refusals to grant licenses.
(f) A municipality may rescind any existing exemption from the Board’s regulations regarding amplified music by notifying the Board of its intention to do so in writing, 15 days prior to the rescission date. The notice must be accompanied by an ordinance or resolution authorizing the rescission.
(g) 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 shall follow the procedures in this section.
Source
The provisions of this § 5.36 adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. |
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http://pamusician.net |
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