Ross asked to opt out of noise ordinance

Ross Township’s board of supervisors discussed the possibility of opting out of a state Liquor Control Board noise ordinance for the benefit of local restaurants and bars at Monday’s meeting.

Vice Chairman Tina Drake brought up a situation involving Mike Chopek, owner of Sunset Bar and Grill, and the issues he has had with the Liquor Control Board’s rules regarding noise complaints.

“Mike Chopek was here last meeting, and he was asking us to consider opting out of the Pennsylvania Liquor Control Board system that monitors their noise. He would like to see the township opt out of it, and have the guidelines follow our ordinance,” Drake said.

Chopek said that he has had two police complaints for noise disturbances, but that the responding officer did not issue any citation for either incident. The problem, Chopek said, is that if the police have to respond to another complaint, it could affect his establishment’s chance of getting a renewal for a liquor license.

Solicitor Tim McManus detailed the provision to opt out of the ordinance, pointing out that even once the necessary measures are complete, the Liquor Control Board still holds the authority to decide whether they will grant the petition.

“You actually file a petition with the Liquor Control Board, where you have to have a noise ordinance, which you do, but you have to come up with a written description of boundary lines, you have to have a designated exempted area, come up with a description of that, prepare a map showing that area, and then you have to actually have a public hearing within that area proposing what you are going to do,” McManus said.

Such a petition could encompass select properties, such as bars and restaurants, or the entire township.

McManus said that the current township noise ordinance restricts noise levels to 50 decibels at the property line, which is around the range of a normal speaking voice. The Liquor Control Board regulates noise as far as amplified music goes, though Chopek said that the current rule’s loose interpretation leaves him and his establishment open to complaints regardless of the actual noise level. A defined noise level, he said, would at least provide him with a guideline.

“If it’s not changed, there’s a chance that with multiple complaints, it can affect the renewal of a liquor license, and therefore we might have to shut the bar down. There’s no guidelines to the LCB’s ordinance. If someone calls and says it’s too loud, it doesn’t matter, it’s up to the trooper who comes out to check. I’m looking for some kind of parameters. Asking the township to opt out gives me those parameters,” Chopek said.

Drake and Supervisor David Shay were both open to exploring the option to opt out.

“I mean, he’s running a legitimate business, and his business is in jeopardy if someone constantly calls when there’s not been a violation. I just don’t think that’s right. He’s just trying to make a living,” Drake said.

Shay questioned whether the petition would incur any costs, in addition to any expenditures that could be necessary for the township to change its zoning ordinance, if necessary.

The board settled on looking into the costs involved in opting out of the Liquor Control Board’s rule, with further action to be determined.