Rejecting the recommendation of the hearing examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off-premises: 5756 JA & JS Inc 5756 Baltimore Avenue Philadelphia, PA 19143

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 14, 2005, Council received the above-entitled application for a permit to sell malt and brewed beverages for consumption off-premises (City Council Application No. BPA2005-0191, Liquor License No. R 9116 SS); 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 approve the request, with specified conditions; 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; now, therefore,

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA,

THAT The Council hereby DISAPPROVES the following application for a permit to sell malt and brewed beverages for consumption off-premises:

5756 JA & JS Inc

5756 Baltimore Avenue

Philadelphia, PA 19143

Council finds that approving such permit would adversely affect the welfare, health, peace and morals of the City and its residents.

End