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Testimony supports noise law PLCB hosts hearing in Jim Thorpe

The Pennsylvania Liquor Control Board conducted a hearing Tuesday at Jim Thorpe's Memorial Hall to gather feedback on Jim Thorpe borough's request to handle noise complaints involving establishments that hold a liquor license.

About 25 business owners and residents attended the hearing.The majority of attendees said they were in favor of the petition filed by the borough to handle noise complaints. The petition was filed at the urging of the Mauch Chunk Opera House, which was fined several times because of noise complaints.The PLCB has the right to, without warning, fine borough establishments with liquor licenses if a noise complaint is levied against it.Multiple fines also put the establishment at risk of losing its license.Last month, the borough passed its own noise ordinance, which prohibits noise disturbances from 11 p.m. to 5:59 a.m. for residents, and 24 hours per day for Jim Thorpe's 26 establishments with a liquor license.Borough Police Chief Joseph Schatz testified that the borough would enforce the ordinance by warning, followed by a citation, if necessary.He said the police department would be consistent with its enforcement in the borough.If a complaint was lodged the same night that an event is held, Schatz said police would come out that same night.Bob Yevak, a Hazleton businessman and longtime volunteer with the Mauch Chunk Opera House, located at 14 W. Broadway, said he was in favor of the petition."The Opera House is a vital part of Jim Thorpe," Yevak said. "Without the Opera House, the downtown dies."Neighbor Jerry Hoare, who opposes the petition, said two establishments in particular are hoping they can "continue their illegal activity."Hoare said his peace and quiet is being disturbed by the noise that's generated by the Opera House.That prompted a response from Noel Behan, the owner of Molly Maguire's Pub & Steakhouse, located at 5 Hazard Square.Behan said his business promotes entertainment about four to six times a month year round.Tourism dependent"We are very strict on how we let our performers amplify their music," Behan said. "It's a vital part of the downtown to have these venues to provide entertainment."When asked if his business would be able to comply with the borough's noise ordinance, Behan replied he "absolutely can abide by it.""Jim Thorpe is a wonderful venue; people come by the droves," he said. "Without tourism, we cannot survive."Vincent DeGiosio, owner of the production company JTAMS, which produces events at the Opera House, said his company has taken steps to lessen the noise.DeGiosio said problems started with the liquor license."We're not an aggressive venue that's putting on these menacing shows," DeGiosio said. "We really try our hardest to live within our boundaries."David Drury, owner of The Inn at Jim Thorpe, said, "It is imperative that the Opera House keeps going and producing entertainment for visitors to come to town, as well as the locals."He added, "The Opera House needs to continue to operate for the good of the community and to keep the town moving forward."'Too loud'Marjorie Reppert, who lives near the Opera House, said the LCB has been called by several neighbors, not just one, because the noise is too loud.While she does support the borough's noise ordinance, Reppert said she's still concerned that the problem of noise will not be taken care of.Thomas Miller, hearing examiner for the PLCB, said he will make a recommendation to the liquor control board, and the decision will be up to its discretion. A decision will likely be rendered next month.PLCB decisionBy law, the PLCB was required to hold Tuesday's hearing before it renders a decision.In the event the PLCB rejects the borough's petition, council could either keep its ordinance, or repeal it, borough solicitor Jim Nanovic previously said.Per the borough's ordinance, noise from licensed establishments cannot extend beyond the property boundary during any time of the day or night.Residents or businesses can apply for a one-day special permit, which would exclude them from the noise restrictions.Permits will cost $30.On a first complaint, police can issue a warning and give the offender "reasonable time" to comply with the ordinance.After the warning, a first offense will result in a $150 fine, followed by a $250, $375 and $500 fine for subsequent violations.The maximum fine is $1,000 for any 365-day period.If the borough is granted its exemption, Liquor Control Enforcement, an arm of the PLCB, would still handle issues such as establishments serving minors, and could still be called to deal with noise complaints if the police deem it necessary.Summit Hill Borough went through a similar process, and the PLCB on April 30, 2014, approved its request for exemption from the liquor code statute regarding amplified sound by a 3-0 vote.

Thomas Miller, hearing examiner for the PLCB, holds a hearing on Jim Thorpe Borough's new noise ordinance at Memorial Hall Tuesday morning.