[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/your-noisy-nosy-neighbor-depending-on-your-perspective\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/your-noisy-nosy-neighbor-depending-on-your-perspective\/","headline":"Your Noisy\/Nosy Neighbor (Depending on Your Perspective)","name":"Your Noisy\/Nosy Neighbor (Depending on Your Perspective)","description":"As we enter the depths of summer and the eventual cool, crisp autumn, many of us enjoy […]","datePublished":"2022-08-02","dateModified":"2022-08-02","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/jason-ulrich\/#Person","name":"Jason Ulrich","url":"https:\/\/www.grossmcginley.com\/resources\/author\/jason-ulrich\/","identifier":50,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Jason-A-Ulrich-headshot-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Jason-A-Ulrich-headshot-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/08\/iStock-1363013496-e1659461855971.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/08\/iStock-1363013496-e1659461855971.jpg","height":836,"width":836},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/your-noisy-nosy-neighbor-depending-on-your-perspective\/","about":["Blog"],"wordCount":633,"keywords":["Al Fresco","liquor law","Municipal Law","Noise Violation","Restaurant"],"articleBody":"As we enter the depths of summer and the eventual cool, crisp autumn, many of us enjoy a beverage al fresco at our favorite local establishments.\u00a0 These bars and restaurants often do quite well during this time period.\u00a0 Additionally, many of these bars and restaurants try to enhance this entertainment by having a band or some ambient music playing.\u00a0 While this may be great for the atmosphere, d\u00e9cor, and profit margins of our restaurant and bar owners, it has often been the bane of the spring, summer, and fall for neighbors.\u00a0 In fact, this has been a longstanding issue for many different bar owners.\u00a0 Amplified sound, if it could be heard at all, outside the licensed premises where alcohol was served (so, even if licensed and you had a deck, this was almost guaranteed to cause a violation), constituted a violation.\u00a0For many bar and restaurant owners, these violations continued to stack up as you could have an annoyed or nosy neighbor constantly calling (hence prior guidance that 6 violations were needed to constitute a reason for denial of renewal as a nuisance bar).\u00a0 The only way to address this potentially devastating loss of licensure was to get your local municipality to take over enforcement, which was not an easy process.\u00a0 Having been involved as both an applicant and a solicitor, these requested changes were never easy and such requests often involved a public that was opposed, leading to an inevitable clash between a small business owner and a disenchanted public.\u00a0However, on July 11, 2022, Governor Wolf signed a new law that amended the Liquor Code and set an automatic determination that a noise violation is now set at 75 decibels at the property line.\u00a0 This will be a great boon to bar owners and will set a much simpler standard than the patchwork enforcement that previously existed.\u00a0 There are also hourly restrictions.\u00a0 The change is summarized by PLCB as follows:Section 493(34) of the Liquor Code currently prohibits a licensee from using, inside or outside of its licensed premises, a loudspeaker or similar device whereby the sound of music or other entertainment, or the advertisement thereof, can be heard beyond the licensee\u2019s property line. [47 P.S. \u00a7 4-493(34)]. Act 67 adds the following exception to this general prohibition for all licensees located in Class 2A through Class 8 counties (all counties except Philadelphia and Allegheny). Licensees in such counties may have amplified music\/entertainment as long as the music\/entertainment does not exceed 75 decibels beyond the licensee\u2019s property line. However, there are time restrictions to this exception. It only applies from 10:00 a.m. to 9:00 p.m. on Sundays through Thursdays, and from 10:00 a.m. to midnight on Fridays and Saturdays. Municipalities retain their authority under section 493.1(b) of the Liquor Code to petition the Board to allow their own noise ordinances to supersede the Liquor Code\u2019s provision regarding amplified sound, including the exception set forth above. [47 P.S. \u00a7 4- 493.1(e)(1-2)]. While traditionally, the municipal exception loosens the rules dealing with amplified music\/entertainment, Act 67 could result in situations where the municipality\u2019s noise ordinance is stricter than the standard found in the Liquor Code. Act 67 further provides that the enforcement of this exception will be handled by the Pennsylvania State Police, Bureau of Liquor Control Enforcement (\u201cBLCE\u201d). [47 P.S. \u00a7 4- 493.1(e)(4)]. Finally, Act 67 changed the minimum number of adjudicated noise citations, which could form the sole basis for the Pennsylvania Liquor Control Board\u2019s, Bureau of Licensing to object to a licensee\u2019s renewal application. The number of noise citations necessary is reduced from six citations to three citations. [47 P.S. \u00a7 4-470(a)(1)].Any bar or restaurant owner interested in learning more, please feel free to reach out to our office and we\u2019d be happy to discuss this exciting new change with you."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Your Noisy\/Nosy Neighbor (Depending on Your Perspective)","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/your-noisy-nosy-neighbor-depending-on-your-perspective\/#breadcrumbitem"}]}]