Section 402. License Districts; License Period; Hearings. (Hdg. amended Apr. 29, 1994, P.L.212, No.30)--(a) The board shall hold hearings on applications for licenses and renewals thereof, as it deems necessary, at such times as it shall fix for the purpose of hearing testimony for and against applications for new licenses and renewals thereof. The board shall hold a hearing on any application for a new hotel, club or restaurant liquor license or the transfer of any such license to a new location, upon the request of any person with standing to testify under subsection (b) if the request is filed with the board within the first fifteen days of posting of the notice of application pursuant to section 403(g). The board may provide for the holding of such hearings by hearing examiners learned in the law, to be appointed by the Governor, who shall not be subject to the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act." Such hearing examiners shall make a report to the board in each case with their recommendations. The board may fix the license period for each separate license so that the expiration dates shall be staggered as to the State. ((a) amended Apr. 29, 1994, P.L.212, No.30)
(b) Where a hearing is held in the case of an application for a new hotel, club or restaurant liquor license or an application for the transfer of a hotel, club or restaurant liquor license to a new location, the board shall permit residents residing within a radius of five hundred feet of the premises to testify at the hearing. The board and any hearing examiner thereof shall give appropriate evidentiary weight to any testimony of such residents given at the hearing.
(c) This section shall not be construed so as to grant standing to residents residing within five hundred (500) feet of a public venue or performing arts facility. ((c) added Dec. 20, 2000, P.L.992, No.141)
(d) This section shall not apply to licensees applying for a valid wine expanded permit under section 415. ((d) added June 8, 2016, P.L.273, No.39)
(402 amended June 30, 1992, P.L.327, No.66)
Compiler's Note: See section 28 of Act 39 of 2016, which added subsection (d), in the appendix to this act, for special provisions relating to the establishment of a Wine and Spirits Wholesale and Retail Privatization Commission.