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lonewolf
Diamond Member
Joined: 25 Sep 2003
Posts: 6249
Location: Anywhere, Earth
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 Posted: Wednesday Jul 30, 2008 |
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The goal of this thread is to collect and package documents and information that will help and encourage PLCB licensees to seek exemption from the PLCB noise rule.
Here is the noise exemption statute. Section (d) applies to Philadelphia only.
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.
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lonewolf
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Joined: 25 Sep 2003
Posts: 6249
Location: Anywhere, Earth
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| Posted: Wednesday Jul 30, 2008 |
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The 1st thing that is required is a local noise ordinance. If one is not already in effect, we should have a noise ordinance framework that could be adopted by the municipality.
What about a variation of the PACAG proposed PLCB noise rule already posted?
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...Oh, the freedom of the day that yielded to no rule or time... |
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Lisa
Platinum Member
Joined: 20 Jan 2006
Posts: 638
Location: Houtzdale
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| Posted: Wednesday Jul 30, 2008 |
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I think its wonderful that you all are wanting to work on this issue. I would step up and help you but I have my hands full right now with my Mom. When time comes that I can give some time to this cause, I will come on board. I will monitor progress. I just didn't want you to think that all owners are just waiting for you band members to do all of the work...I suspect there are others here that may jump in and help too.
Thanks for organizing and getting the ball rolling.... |
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VENTGtr
Diamond Member
Joined: 25 Oct 2005
Posts: 1543
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| Posted: Wednesday Jul 30, 2008 |
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| lonewolf wrote: | The 1st thing that is required is a local noise ordinance. If one is not already in effect, we should have a noise ordinance framework that could be adopted by the municipality.
What about a variation of the PACAG proposed PLCB noise rule already posted? |
I'm kind of rushing in checking this out. Is the PACAG proposal on here (R.P.) someplace?
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DaveP.
"You must be this beautiful to ride the Quagmire." |
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VENTGtr
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Killjingle
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Joined: 10 Dec 2002
Posts: 1714
Location: Elton
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| Posted: Wednesday Jul 30, 2008 |
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| rumor has it that the caslte pub has figured a way around this. look into that for part of your answer Lonewolf. |
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