40 Pa. Code § 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.
Notes
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