PROPOSED RULEMAKING

[ 40 PA. CODE CH. 7 ]

Posting Requirements for Extension

[45 Pa.B. 2479]
[Saturday, May 23, 2015]

 The Liquor Control Board (Board), under the authority of section 207(i) of the Liquor Code (47 P. S. § 2-207(i)), proposes to amend § 7.22 (relating to application).

Summary

 Section 7.22 currently requires that applicants for an extension of the licensed premises post a notice that the application has been filed for a period of 15 days. The reference to a posting period of 15 days is consistent with the former language of section 403(g) of the Liquor Code (47 P. S. § 4-403(g)).

 The act of December 9, 2002 (P. L. 1653, No. 212) amended section 403(g) of the Liquor Code by increasing the time period for the posting of a notice from 15 days to 30 days. Therefore, section 403(g) of the Liquor Code requires a longer posting period than § 7.22 requires. The disparity between the statute and the regulation sometimes results in frustration and confusion for applicants.

 This proposed amendment would address this issue by requiring that a notice of an extension of the licensed premises must be posted for at least 30 days.

Affected Parties

 There are currently almost 16,340 licensees who could potentially be affected by this proposed rulemaking. Since the proposed rulemaking simply aligns the posting period with that which is required by statute, licensees will not be adversely affected.

Paperwork Requirements

 This proposed rulemaking is not expected to affect legal, accounting or consulting procedures and should not require additional reporting, recordkeeping or other paperwork. Posting of the application until the Board renders a decision is already required under § 3.14(c) (relating to applicant responsibility).

Fiscal Impact

 This proposed rulemaking is not expected to have fiscal impact on the regulated community, the Commonwealth or local governments.

Effective Date

 This proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.

Public Comments

 Interested persons are invited to submit written comments about the proposed rulemaking to Rodrigo Diaz, Executive Deputy Chief Counsel, or Norina Blynn, Assistant Counsel, Office of Chief Counsel, Liquor Control Board, Room 401, Northwest Office Building, Harrisburg, PA 17124-0001 within 30 days after publication in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Public comments will be posted on the Independent Regulatory Review Commission's (IRRC) web site. Personal information will not be redacted from the public comments received.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 21, 2015, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to IRRC and to the Chairpersons of the House Liquor Control Committee and the Senate Committee on Law and Justice. A copy of this material is available to the public upon request.

 Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.

TIM HOLDEN, 
Chairperson

 Fiscal Note: 54-83. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 40. LIQUOR

PART I. LIQUOR CONTROL BOARD

CHAPTER 7. TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION
OF LICENSES

Subchapter B. EXTENSION OF LICENSES

§ 7.22. Application.

*  *  *  *  *

 (c) An applicant for extension of premises shall post, for a period of at least [15] 30 days beginning with the day the application is filed with the Board, in a conspicuous place on the outside of the licensed premises, a notice of application in a form, and size and containing provisions the Board requires concerning the requested extension. Proof of the posting of the notice shall be filed with the Board.

[Pa.B. Doc. No. 15-952. Filed for public inspection May 22, 2015, 9:00 a.m.]

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