Waters bill discussed in Public Hearing

HARRISBURG, May 2 – A bill introduced by state Rep. Ronald G. Waters, D-Delaware/Phila., chairman of the Pennsylvania Legislative Black Caucus, was the focus of a public hearing by the House Liquor Control Committee Tuesday.

House Bill 1231 would make it easier for the state to shut down nuisance bars in Pennsylvania by establishing new rules for the appeals process when a license is not renewed.

Currently, a licensee who has his renewal application rejected may continue to operate as long as appeals are pending. This bill would limit the operation during an appeal to 90 days.

Additionally, the Court of Common Pleas handles any appeals. Each court uses its own standards of review, without giving any deference to the Liquor Control Board's licensing process, so there are variations of standards based on location. This bill would place the burden of proof on the license holder to prove the Pennsylvania Liquor Control Board’s decision was not made in error of law, abuse of discretion or lack of credible evidence.

Joseph E, Brion, chairman of the PLCB, testified in support of the bill. He pointed out that most other state agencies have their decisions reviewed by the Commonwealth Court, which limits the different interpretations of rules as compared to the Court of Common Pleas. He also reported that the Courts of Common Pleas reversed over 50 percent of the renewal rejection appeals heard by the courts.

“This bill is an attempt to protect the interests of the communities while balancing the interests of legal operators,” Waters said. “In Philadelphia County, we have many establishments who have been nuisances for a long, long time.”

The bill is expected to be brought before a committee vote on May 9.