§ 17.12. Intervention in license application matters.
(a) A person who can demonstrate a direct interest in an application for a new retail liquor license, retail malt or brewed beverage license, importing distributor or distributor license, or the transfer of these licenses, whether person-to-person, place-to-place, or both, or an extension of premises of these licenses, and who can further demonstrate that a Board decision contrary to the persons direct interest will cause the person to be aggrieved may file a petition to intervene.
(b) The petition to intervene may be granted at the discretion of the Board. The Board may grant or deny the petition in whole or in part or may authorize limited participation. In rendering its decision, the Board will consider whether the petitioner has a direct interest in the proceeding and will be aggrieved by a Board decision contrary to that direct interest.
The provisions of this § 17.12 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.
Notes of Decisions
Trade association of beer distributors had standing to petition to intervene in licensing proceedings in which the Liquor Control Board granted application for a double transfer of an eating place malt beverage license to premises on which a restaurant, convenience store, and gas station would operate since the association showed sufficient harm from the license application and its members are within the group regulated and protected by the applicable statutory scheme. MBDA v. Liquor Control Bd., 881 A.2d 37, 42 (Pa. Cmwlth. 2005).
A person not a party to a license transfer proceeding under the Liquor Code may petition to intervene, and will be permitted to do so upon a showing that the petitioner may be aggrieved by the outcome of the hearing. To demonstrate that she is aggrieved, the petitioner must have a direct and substantial interest in the adjudication, and must show a sufficiently close causal relation between the decision and the asserted injury. Where the petitioner provided evidence of negative impact from the past and present operation of the licensed establishment, and the petitioner resides within 500 feet of the premises, the petition to intervene should be granted. Burns v. Rebels, Inc., 779 A.2d 1245 (Pa. Cmwlth. 2001).
This section cited in 40 Pa. Code § 17.11 (relating to license application protests).
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