Resolution 050896

..Title Rejecting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off-premises: 3403 Inc 3403 Germantown Avenue Philadelphia, PA 19140 ..Body WHEREAS, Act No. 39 of 2005 requires that an application to the Pennsylvania Liquor Control Board for a permit to sell malt or brewed beverages for off-premises consumption in Philadelphia must be accompanied by a copy of the approval of such application by Council, which must render a decision by ordinance or resolution within forty-five days of receipt of a request for such approval; and WHEREAS, On September 9, 2005, Council received the above-entitled application for a permit to sell malt and brewed beverages for consumption off-premises (City Council Application No. BPA2005-0012, Liquor License No. E 290); and WHEREAS, In accordance with the Rules Governing Requests For Approval Of Permits To Sell Malt Or Brewed Beverages For Consumption Off Premises In Philadelphia ("Rules") adopted by Council, a protest was duly filed against the request; a hearing was held on the matter before a hearing examiner retained by Council; and the hearing examiner has filed with Council a written report (copy attached as Exhibit "A") that recommends that Council disapprove the request; and WHEREAS, Council, after review of the hearing examiner's report and the record developed by the hearing examiner, including review of the transcript of the hearing, rejects the recommendation of the hearing examiner, but wishes to place conditions on its approval of the application; now, therefore, RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, THAT The Council hereby APPROVES with conditions the following application for a permit to sell malt and brewed beverages for consumption off-premises: 3403 Inc 3403 Germantown Avenue Philadelphia, PA 19140 This approval is subject to the conditions set forth in Exhibit "B" attached hereto. ..End