Current through P.A. Acts 2022-122
Section 4-493.1 - Rights of Municipalities Preserved(a) Nothing in this act shall be construed to preempt the right of any municipality to regulate zoning and enforce any other local ordinances and codes dealing with health and welfare issues.(b) A municipality may file a petition with the board for an exemption section 493(34) of this act for all the licensees within an identifiable area in the municipality. Prior to submitting a petition, the municipality shall adopt a local noise ordinance and a resolution adopted by its governing body confirming support of the petition, citing the noise ordinance and its intention to enforce the ordinance in place of section 493(34) of this act. Upon receipt of a petition, including a copy of the noise ordinance, a map of the area to be exempted and resolution, the board shall hold at least one (1) public hearing on the petition. The hearing may be held before a hearing examiner. The hearing shall take place within the identified area and must comply with the notice, recording and public participation requirements o f 65 Pa.C.S. Ch. 7 (relating to open meetings). Within sixty (60) days after receipt of the petition, the board shall disapprove the petition for an exemption in its entirety or may approve an area more limited for which the exemption will be granted if the board finds that granting the petition shall have an adverse effect on the welfare, health, peace and morals of the residents living in the vicinity of the identified area; otherwise, the board shall approve the petition. The board may place additional conditions on its approval such as limiting the duration of the approval and any other condition the board deems appropriate. There shall be a right to appeal to the court of common pleas in the same manner as provided by this act for appeals from refusals to grant licenses.(c) A municipality may rescind any existing exemption from section 493(34) of this act by notifying the board of its intent to do so in writing, fifteen (15) days prior to the rescission date. Such notice must be accompanied by an ordinance or resolution authorizing the rescission. A rescission of an existing exemption which does not rescind the entire exempted area shall be treated as a new petition for exemption with the board and shall follow the procedures set forth in subsection (b).(d)(1) Notwithstanding any other provision of law to the contrary, a restaurant liquor license located on premises owned by a city of the first class, listed on the National Register of Historic Places and which contains a structure that is at least one hundred (100) years old shall not be subject to section 493(34) of this act.(2) Notwithstanding any other provision of law to the contrary, a limited winery license that is located in a second class township in a class 2A county that has a State historic site owned and operated by the Commonwealth under the direction of the Pennsylvania Historical and Museum Commission and is located on property that also contains a building that is listed on the registry of historic places of a class 2A county shall not be subject to section 493(34) of this act.(e)(1) Notwithstanding any other provision of law to the contrary except as provided under paragraph (3), the holder of a license under this act that is located in a Class 2a through 8 county may use or permit to be used inside or outside of the licensed premises a loudspeaker or similar device whereby the sound of music or other entertainment, or the advertisement thereof, does not exceed 75 decibels beyond the licensee's property line.(2) The provisions of paragraph (1) shall only apply: (i) From ten o'clock antemeridian until nine o'clock postmeridian on every day except Fridays and Saturdays; and(ii) From ten o'clock antemeridian until twelve o'clock antemeridian on Fridays or Saturdays.(3) Nothing in this section may be construed to limit the rights of a municipality under subsection (a).(4) The bureau of liquor control enforcement of the Pennsylvania state police shall enforce the provisions of this subsection.Amended by P.L. TBD 2022 No. 67, § 3, eff. 7/11/2022.Amended by P.L. TBD 2019 No. 45, § 5, eff. 7/2/2019.Amended by P.L. 1007 2012 No. 116, § 9, eff. 7/5/2012.1951, April 12, P.L. 90, art. IV, § 493.1, added 1994, Oct. 5, P.L. 522, No. 77, § 8, imd. effective. Amended 2002, Dec. 9, P.L. 1653, No. 212, § 27, effective in 60 days; 2003, July 17, P.L. 63, No. 15, § 8, imd. effective; 2006, April 13, P.L. 78, No. 26, § 3, effective in 60 days [June 12, 2006]; 2011, Dec. 22, P.L. 530, No. 113, § 18.1, imd. effective.