§ 17.11. License application protests.
(a) When location is at issue. When an application has been filed for a new retail liquor license, retail malt or brewed beverage license, importing distributor or distributor license, or the transfer of these licenses to a premises not then licensed, or for the extension of premises of these licenses, a protest may be filed with the Board by the following:
(1) A licensee whose licensed premises is located within 200 feet of the premises proposed to be licensed.
(2) A church, hospital, charitable institution, school or public playground located within 300 feet of the premises proposed to be licensed.
(3) A resident of the neighborhood within a radius of 500 feet of the premises proposed to be licensed.
(b) When qualifications of an applicant are at issue. A protest may be filed with the Board by a person having information regarding the qualifications of an applicant for a new retail liquor license, retail malt or brewed beverage license, importing distributor or distributor license, or for the transfer of these licenses to another person or when a corporation or club, as required by Chapter 5 Subchapter G (relating to change of officers of corporations and clubs) submits a change of officers, directors or stockholders.
(c) Effect of protest. A protest filed in compliance with this chapter is deemed a valid protest and is public information. Protestants may be called as witnesses to testify as to the fact and nature of the protest, if a hearing is convened.
(d) Notice to Board. A valid protest is intended to alert the Board of the fact and nature of protest. A protest will not be considered as establishing the truth of the assertions therein, but the Board may consider valid protests in determining what action is appropriate.
(e) Need to intervene. Only valid protests brought under subsection (a), relating to when location is at issue, render the protestant a party to the proceeding. A separate petition to intervene is not required for this purpose. Other protestants, including those objecting to the qualifications of an appellant, shall file a petition to intervene under § § 17.12 and 17.13 (relating to intervention in license application matters; and protests/intervention procedure), in order to become a party.
(f) Public file. A valid protest shall be placed into a public file associated with, but not part of, the record upon which the decision of the Board is made.
The provisions of this § 17.11 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.
Notes of Decisions
It was clear to the Liquor Control Board that this was an application for a person-to-person transfer and not an application for a new retail liquor license or the transfer of a retail liquor license to a premises not then licensed. This being so, the protestants under Board rules, which it ignored, were required to petition to intervene consistent with the requisites set forth in § 17.13. The record is devoid of any petitions to intervene being filed by these protestors; thus, the participation of the protestants in the hearing before the hearing examiner of the Board was not consistent with established published procedures of the Board and they should not have been permitted to participate as parties. Arrington v. Liquor Control Board, 667 A.2d 439 (Pa. Cmwlth. 1995).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.