§ 17.15. Intervention in noise exemption petitions.
(a) Petitions to intervene may be filed with the Board when a municipality has petitioned the Board for exemption from the Board’s regulation regarding the sound of amplified music or other entertainment, or the advertisement thereof, being heard outside of licensed premises.
(b) The deadline for filing a petition to intervene with the Board is 7 calendar days before the hearing. In extraordinary circumstances and for good cause, a petition to intervene may be accepted by the Board after the deadline, but not after the hearing begins.
(c) A petition to intervene must present proof that the petitioner has a substantial, direct and immediate interest in the outcome of the proceeding. For an interest to be substantial, it means that there is some discernible adverse effect to the petitioner’s individual interest. For the petitioner to have a direct interest, it means that the person claiming to be aggrieved must show the harm to his interest would be caused by the municipality’s enforcement of its own noise ordinance. An immediate interest means that there is a close causal connection between the alleged injury and the grant of the exemption.
(d) The Board may allow petitioners to become interveners if the petition also shows the petitioner has an interest of such a nature so that intervention is necessary or appropriate to administration of the Liquor Code and this title. The Board will also consider whether or not the interest asserted in the petition to intervene is adequately represented by existing parties.
Source The provisions of this § 17.15 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
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