§ 9-2906.  Hearing Process. 1154
   (1)   When a protest has been filed, the applicant and all persons filing a protest, all elected officials representing the district which includes the location, the Police Department, the Department of Licenses and Inspections, the Law Department, the District Attorney for Philadelphia County, and the State Police Bureau of Liquor Control Enforcement shall be notified of the date, time and place of a hearing, and of the availability of information assembled regarding the applicant as set forth below. Any party to a proceeding may request, based on hardship, that the Board schedule the hearing during evening hours, which the Board may grant in its discretion. In the case of a protest filed by a community or neighborhood group, or other organization, notice shall be provided to the designated office or headquarters of the organization. In the case of a protest filed by any combination of ten individuals or businesses, notice shall be provided to the person designated by the protesters to receive such notices, or if no designation has been made, to the person who filed the protest. Upon assembly by the Department of Licenses and Inspections of the following information, such information shall be made available upon request to any party:
      (a)   The history of State and Local law enforcement actions brought against the premises;
      (b)   The number and nature of calls to the Police Departments 911 emergency response system or to the State Police Bureau of Liquor Control Enforcement relating to incidents occurring within and immediately outside of the premises;
      (c)   Information regarding applicant's delinquency in the payment of City or School Taxes, charges, fees, rents or claims; and
      (d)   The current L&I status of Applicant at the applicant premises.
   Such information, to the extent it is reflected in documents prepared by any government officer or employee, may be admitted into evidence upon authentication, either by testimony or written verification by an appropriate witness.
   (2)   The purpose of the hearing shall be to receive evidence (either testimonial or documentary) from the parties and from any other person relevant to the issue of whether approving the application would adversely affect the welfare, health, peace and morals of the City or its residents. Any person who attends the hearing may choose to enter an appearance, or may choose only to provide evidence without entering an appearance. The applicant, all persons who filed a protest, and any person who enters an appearance at the hearing shall be considered to be "parties" for purposes of this Chapter.
   (3)   The issue of the protestant's satisfaction of the requirements of subsection (3) of Section 9-2904 may be raised by the Board or by the applicant at the hearing on the application, and the Board may make a determination as to whether such requirements have been satisfied before taking evidence with respect to the merits of the application. If the Board determines that such requirements have not been satisfied, it may dismiss the protest, and approve the application.
   (4)   At the hearing, any person shall have the right to be represented by counsel or to appear without counsel, except that any for-profit corporation must be represented by an attorney-at-law authorized to practice within the Commonwealth of Pennsylvania.
   (5)   The hearing shall be conducted in accordance with the Local Agency Law, 2 Pa. C.S. §§ 551 et seq. The hearing may be conducted by the Board or by a hearing examiner, who may be any individual member of the Board or Board staff or other persons hired by the Board.
   (6)   At the close of the hearing, the Board or the hearing examiner shall announce that the record is closed, unless any person has additional evidence to submit and shows good cause why that evidence could not be submitted at the hearing, in which case the Board or hearing examiner may announce that the record shall remain open for no more than forty-eight (48) hours during which any person who attended the hearing may submit any reasonably relevant documentary evidence, provided all parties shall receive a copy of any such submission. The Board or hearing examiner may also provide all parties a forty-eight (48) hour period of time to submit written argument based upon the record developed at the hearing.
   (7)   Hearings shall be stenographically reported by a reporter provided by the Board, and a transcript of the report shall be a part of the record and the sole official transcript of the proceeding.
   (8)   Following the close of the record, and consideration of the record by the Board, the Board shall approve or disapprove the application and provide notice of its decision to all parties. With the agreement of the applicant, the Board may provide in connection with an approval of an application conditions that the Board believes are reasonably related to protecting the welfare, health, peace or morals of the City or its residents. Failure to abide by such conditions may be taken into consideration by the Board in consideration of subsequent applications made by such applicant.

 

Notes

1154
   Amended, Bill No. 070367-A (approved June 15, 2007).