Subchapter E. HEARINGS
Sec.
3.41. Hearings on applications.
3.42. Continuance of hearings.
Source The provisions of this Subchapter E adopted June 26, 1952, unless otherwise noted.
§ 3.41. Hearings on applications.
In cases where the Board has refused an application for a license, renewal or transfer thereof without hearing, it will, as provided in section 464 of the Liquor Code (47 P.S. § 4-464), upon the written request of the applicant, fix a time and place for hearing on the applications, provided the request is filed with the Board not later than 20 days after notice of the refusal is mailed to the applicant at the address in the application.
Source The provisions of this § 3.41 adopted June 26, 1952.
Notes of Decisions Appeals
The authority of the Pennsylvania Liquor Control Board to refuse renewal of an amusement permit was inherently provided by 47 P.S. § 4-470. Therefore, an appeal from the denial of an amusement permit was an appeal pursuant to the Liquor Code and section 933 of the Judicial Code mandated that jurisdiction laid with the court of common pleas. Teazers, Inc. v. Liquor Control Board, 661 A.2d 455 (Pa. Cmwlth. 1995).
An applicant for the renewal of a liquor license was denied due process when the Liquor Control Board failed to grant a hearing which was filed within 20 days after receipt of a notice of termination. Pace’s Lounge, Inc. v. Liquor Control Board, 601 A.2d 408 (Pa. Cmwlth. 1991).
§ 3.42. Continuance of hearings.
(a) Except as provided in subsection (b), no continuance of a Board hearing will be approved unless a request for the continuance is received by the Board at least 48 hours prior to the time fixed for hearing.
(b) Requests for continuance received by the Board within the 48-hour period will not be granted unless satisfactory arrangement in writing is made with the Board for the payment of expenses resulting from the continuance. The Board may waive the payment of the expenses where extenuating circumstances are deemed present.
Source The provisions of this § 3.42 adopted June 26, 1952.
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