§ 3.14. Applicant responsibility.
(a) The applicant is responsible for the posting and maintenance of the notice at all times during which the action is pending.
(b) The notice shall be posted at or near the entrance to the premises in a conspicuous place which can be observed readily by the public. In the case of a vacant lot, posting shall be on a post or stake of permanent material, at the midpoint of the largest boundary fronting on a public thoroughfare at a point not more than 10 feet from the sidewalk, or roadway in the absence of a sidewalk. The notice shall be mounted upon heavy cardboard, wood or other substantial backing affixed to the post or stake so it is readily visible from the sidewalk or roadway.
(c) The notice shall be continuously posted commencing with the date the application is filed with the Board until notice of approval or disapproval is rendered.
(d) An application may be refused by the Board if notice is not posted as required.
Source The provisions of this § 3.14 adopted January 1, 1955; reserved August 22, 1986, effective August 23, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective September 6, 1986, 16 Pa.B. 3292; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110139).
Notes of Decisioins Duration of Posting
The Liquor Control Board (Board) did not abuse its discretion in a new restaurant liquor license when the applicant failed to post its notice continuously from the date of application to the date of the Board’s decision, because the proposed premise was properly posted well in excess of 30 days from the initial posting date and for the majority of the time from the filing of the application to the Board’s decision; this 30-day period is most important because it is during this period that a petition to intervene or protest must be filed with the Board by parties concerned about the license application. In re Asprey, Inc., 693 A.2d 257 (Pa. Cmwlth. 1997); appeal denied 702 A.2d 1061 (Pa. 1997).
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