BPM
06/01/02
CHAPTER 8
COOPERATIVE EFFORTS WITH THE PENNSYLVANIA
LIQUOR CONTROL BOARD
A. CERTIFICATIONS OF PLCB DOCUMENTS
Any request for certification (Form Number PLCB-440) by District Enforcement Offices and Bureau Assistant Counsel shall be directed to: the PLCB, Bureau of Licensing, Attention: Chief, Administrative Division, Room 112, Northwest Office Building, Harrisburg, PA 17124.
B. LICENSING PROCESS
1. The PLCB maintains the Licensing Image Processing System (LIPS) wherein incoming documents, as well as historical documents, are placed onto optical disks for processing and/or storage. A portion of the image processing system has been designed to automatically facsimile copies of designated correspondence to the REU and District Enforcement Offices immediately upon completion of licensing transactions on "LIPS."
2. Original applications and photographs will be mailed to the District Enforcement Offices immediately after processing. These applications and photographs shall be retained as per established retention schedules.
3. District Office Commanders shall ensure that all applications and correspondence received from the PLCB are reviewed for necessary action.
C. SPECIAL OCCASION PERMITS PROCESS
The PLCB, Bureau of Licensing, will forward via facsimile, to the appropriate District Enforcement Office, letters of authority approving Special Occasion Permits that are issued seven or less days prior to the date of the event. All other letters of authority will be sent First Class Mail.
D. PLCB NUISANCE BAR PROGRAM
1. This section refers to the PLCB Nuisance Bar Program, which differs from the BLCE Nuisance Bar Program, in that the PLCB utilizes a non-renewal process, causing the licensee to forfeit their ability to operate as a licensed establishment.
2. The operation of a nuisance bar is characterized by service to visibly intoxicated patrons, failure to control the behavior of employees and patrons resulting in loud, unreasonable behavior on the premises and/or loud music or entertainment heard outside the bar at hours when one could reasonably expect peace and quiet. Entertainment in violation of an Amusement Permit, sales of controlled substances on the premises and/or service of alcoholic beverages to minors are further characterizations of a nuisance bar.
a. It could also include the crimes of Disorderly Conduct, Harassment, and Assault inside and outside the licensed premises. This behavior, directed toward area residents or between patrons, could result in the substantial alarm of neighborhood residents. It must be obvious that such behavior is the result of patrons exiting said bar and that the behavior is a further result of the consumption of alcoholic beverages.
b. Any behavior generated as a result of the bar's operation which substantially contributes or causes the decay or destruction of a neighborhood shall be included to determine a pattern of nuisance bar activity.
3. A criteria has been established by the BLCE in conjunction with the PLCB concerning the information necessary to establish a pattern of abuse of license privileges. Those licensees whose operating record indicates possible abuse of their licensing privileges are classified within three tiers:
a. First tier cases involve a licensee who has been declared by the courts to be a common nuisance pursuant to the Liquor Code, 47 P.S. § 611.
b. Second tier cases involve those licensees with three or more citations meeting established criteria within the past 24 months which could adversely impact upon the public welfare, peace and morals.
c. Third tier cases involve those licensees with less than three citations within the past 24 months which could adversely impact upon the public welfare, peace and morals.
4. The cases that are compiled by the PLCB considered for non-renewal are obtained from computer-generated listings from sources including, but not limited to, information provided by the Pennsylvania State Police, and/or local police.
5. A computerized report is produced by the PLCB identifying all licensees in a given licensing district who have been issued three or more citations for any one of the 64 specific averments in the 24-month time period preceding the date of the public meeting at which Board non-renewal action is scheduled. The multiple citation list, known as the PLCB Cite List, serves as a foundation in identifying the non-renewal candidates.
6. Further consideration given to the violations include the severity of the violations, the character of the neighborhood, the licensee's prior citation and/or operating history, the number of dates of violations contained in a citation, and the significance of the combined citations.
7. The foregoing information shall be utilized to establish a candidate list to be submitted to the PLCB for their use when determining whether to renew a license, based on the non-renewal program (nuisance bars). The list prepared by each District Enforcement Office shall be submitted to arrive at Bureau Headquarters at least two months prior to the expiration of the licenses within the affected districts. This list should contain only adjudicated cases.
E. TAX CLEARANCE ISSUES WITH THE DEPARTMENT OF REVENUE AND THE DEPARTMENT OF LABOR AND INDUSTRY
1. This section will standardize procedures covering the conduct of investigations for failure to pay delinquent taxes to either the Department of Revenue or the Department of Labor and Industry.
2. A District Office Commander or designee will be initially contacted by a supervisor of either agency to advise that a particular establishment is delinquent in the payment of the appropriate taxes. This initial contact will most likely occur as the result of the following:
a. The PLCB refuses to renew a license due to delinquent taxes; however, licensee continues to operate.
b. The PLCB renews a license upon agreement that licensee establish an approved payment plan with either agency to repay delinquent taxes. Licensee discontinues payments after license is renewed.
3. After being contacted by one of the agencies, the District Office Commander or designee shall telephone the other agency to determine the licensee's tax status with that agency. Upon determining the licensee's tax status from both agencies, an EO shall visit the establishment. When feasible, visits shall be made during known peak sales periods, such as weekends or holidays.
4. In the event the license has not been renewed by the PLCB and the establishment is found to be in operation, proper administrative action shall be taken in accordance with the Liquor Code, 47 P.S. § 491(1) and § 491(2). The operator of the establishment should be advised that if the situation continues, in addition to the violations, seizure may also occur based on the District Office Commander's approval.
5. In the event a license is in effect, but the licensee has violated the agreement to make tax payments, Averment Code 60500 in the List of Averments, or an appropriately worded equivalent, shall be brought administratively against the licensee.
6. The District Office Commander or designee shall contact the agency that provided the notification advising them of the action taken by the Enforcement Officer.
F. INCIDENT NUMBER RECORDING SYSTEM
1. The District Enforcement Office Clerical/Secretarial Supervisor shall ensure New Incidents, Date, Notice of Violation Letter Sent, and Closed Incidents are entered in the Incident Number Recording System on the PLCB mainframe computer. Personnel shall ensure modifications and/or deletions of information are accurately entered into the system in a timely manner.
2. AIRs generated for self-initiated investigations and suspension checks shall not be entered in the Incident Number Recording System. However, if a violation is detected, the investigation shall be entered into the Incident Number Recording System in the appropriate fashion.
G. ENFORCEMENT OFFICER INFORMATION/LEAVE PROGRAM
1. The District Enforcement Office Clerical/Secretarial Supervisor shall ensure proper maintenance of the Enforcement Officer Information/Leave Program on the PLCB mainframe computer regarding scheduled leave for District Office Commanders and EOs. Prescheduled
events which include, but are not limited to, in-service and out-service training sessions will be entered into this program by entering the Annual Leave Code "A" to ensure that the training does not conflict with hearing or appeal dates.
2. Leave shall be entered into the Enforcement Officer Information/Leave Program a minimum of eight weeks in advance of anticipated absences to expedite the timely scheduling of hearings and appeals by the OALJ. This program shall not be used for keeping track of District Office Commanders' or Enforcement Officers' leave or leave balances and should not be confused with the required entry of leave into ICS.
H. PROBLEM OR SHAM LICENSE TRANSFERS
1. Each District Office Commander or designee shall review all applications for transfer received in their District Office to determine whether it appears to be a prima facie “sham” transfer which is being conducted in order to avoid a more severe penalty to the current licensee. The sham transfer is usually a transfer to a family member, a change of entity where the same individual would be running the operation, or a situation where the Board-approved manager or an individual who previously had a significant involvement in the premises is seeking to become the proposed new licensee.
2. Should it be determined that the requested transfer is a sham, the District Office Commander or designee shall initiate correspondence through the Bureau Director to the Bureau of Licensing to make them aware of the nature of the transfer application and the reason(s) for objecting to the transfer.
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