Notes
| 1232 | Added, Bill No. 050742 (approved December 1, 2005). Section 2 of Bill No. 050742 provides: "This Ordinance shall be effective as of September 1, 2005, and shall be construed as a continuation of the "Rules Governing Requests For Approval Of Permits To Sell Malt Or Brewed Beverages For Consumption Off Premises In Philadelphia" adopted by Resolution No. 050756. Council hereby ratifies the Rules adopted by Resolution No. 050756, and the "Temporary Rules Governing Requests For Approval Of Permits To Sell Malt Or Brewed Beverages For Consumption Off Premises In Philadelphia" issued by the Council President on September 1, 2005, as well as all actions taken pursuant to those Rules and Temporary Rules." |
(1) This Chapter implements Act 39 of 2005 and Act 155 of 2006. Any request for approval of a permit for the take-out sale of malt or brewed beverages in the City shall be made in the manner provided by this Chapter, and shall be considered and resolved under the rules and regulations set forth herein.
Notes
| 1233 | Amended, Bill No. 070367-A (approved June 15, 2007). |
(1) A request for approval of a permit to sell malt or brewed beverages for consumption off the premises must be made in person to the Malt and Brewed Beverage Hearing Board on an application in the form provided by the Board. No application will be accepted without payment of a non-refundable application fee of three hundred dollars ($300). No application will be accepted without the applicant's Pennsylvania Liquor License Number indicated clearly on the application.
(2) If an application is complete and accompanied by payment of the application fee, the application shall be stamped as "filed" with the date and time noted on the application and a copy of the application, stamped as filed, shall be given to the applicant.
(3) The 90-day period within which the Board may approve or disapprove a request shall not begin to run until the date an application has been stamped as "filed".
Notes
| 1234 | Amended, Bill No. 070367-A (approved June 15, 2007). |
(1) At the time an application is filed, the Board shall provide the applicant with the appropriate number of posters in the form established by the Board.
(2) The posters shall be prominently displayed on each side of the premises abutting the street in a manner which can be readily observed by passersby.
(3) The posters shall be displayed beginning the day after the application is stamped "filed", and shall remain on display for fourteen (14) consecutive days.
(4) If an inspection demonstrates a violation of the posting requirements of this Section, the Board shall reject the application and the 90-day period for Board action shall cease to run. In that event, the applicant must refile its application. A new application fee of fifty dollars ($50) will be required where the original application was rejected for failure to properly post the premises. The 90-day period for Board action shall start anew from the date of the refiled application.
(5) If an inspection demonstrates that the applicant has failed to obtain all permits and approvals required by law for the operation of a take-out beer or malt liquor establishment at the Premises, or that the applicant is otherwise not in compliance with the provisions of any state laws or local ordinances regulating the conduct of its business at the subject Premises, the Department of Licenses and Inspections shall forthwith file a protest against the application with the Malt and Brewed Beverage Hearing Board.
Notes
| 1235 | Amended, Bill No. 070367-A (approved June 15, 2007). |
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