03/04/1996 02294

LCB LICENSING SPECIALIST

DEFINITION: This is advanced technical work in the regulatory review of liquor license and permit applications in support of the selective licensing program administered by the Pennsylvania Liquor Control Board.

An employee in this class conducts advanced and complex regulatory reviews of license and permit applications as mandated by the Pennsylvania Liquor Code, subsequent amendments, and by the adoption of Board regulations, precedents, and policies controlling the manufacture, purchase, transportation, storage, delivery, sale, and consumption of liquor, alcohol, and malt or brewed beverages. Work involves managing an assigned caseload of the most complex and
demanding licensing transactions, such as those involving the largest national restaurant chains, vacation and resort complexes, licensing appeals, and/or establishments which meet the criteria for inclusion in the Board's nuisance bar program. The transactions reviewed typically involve considerable amounts of capital investment and a high degree of political sensitivity. Work may also involve responsibility for the development and conduct of the formalized staff training program or serving as the work leader for the Board's Licensing Information Center. Employees function with a high degree of independence and general
supervision, with work performance reviewed by a superior through periodic conferences and reports.

EXAMPLES OF WORK: Reads, evaluates, and analyzes franchise, management, concession, sales, and partnership agreements, complex leases, and detailed financial statements of both a corporate and individual nature.

Reviews, interprets, and explains the structure of business entities such as joint ventures, limited partnerships, multi-layered corporations, and ventures that involve both the public and private sector, including airports, stadiums, and museums.

Reviews and evaluates involved legal documents such as court orders, writs of execution, bankruptcy orders, liens, federal and state government seizures, and numerous other agreements specific to the pending transaction to determine if the documents are contrary to the requirements of the Liquor Code, Board regulations, and existing policy, what impact they will have on the licensee and/or the Pennsylvania Liquor Control Board, and what actions are appropriate for the Board to initiate.

Examines applications, bonds, supporting documents and fees for the various types of assigned licenses and permits to determine their correct execution and the eligibility of the individual applicant, partnership, or corporation and the premises for licensure.

Examines supporting and related files to ascertain applicant/licensee history, premise information, arrest and conviction information, citation history, and any other irregularities or pending actions which affect the eligibility of the applicant and/or premises; incorporates information revealed on previously prepared decision sheets and, if required, prepares the necessary case flags to alert all users of the Image and Host Systems.

Summarizes case and file discrepancies in the form of a decision sheet and takes corrective measures through written or oral contact; composes and dictates discrepancy letters and memoranda to the Office of Chief Counsel to rectify applications for approval; and requests licensing investigations when required, clarifying important points of the investigation with field staff.

Approves applications and permits that do not require Board discretion or hearing when all statutory, regulatory, and enforcement requirements are met.

Reviews correspondence from public interest groups, municipal authorities, legislators, and the general public in opposition of transactions pending with the Board and composes an appropriate response; prepares responses to correspondence directed to the Offices of the Board Members and Board Secretary; reviews correspondence not associated with an immediate application and provides an agency response and/or takes required action; and gathers sufficient data to initiate an investigation in all cases warranting further review, evaluating the results and initiating a proper course of action.

Researches the Liquor Code and Title 40, Pennsylvania Code to advise the licensee, applicant, or their representatives of discrepancies revealed through investigation and review of supporting documentation, and necessary corrective actions to be taken prior to the granting of approval.

Reviews cases that require Board action to ensure that all of the pertinent facts are properly presented and discussed in the case resume for proper presentation to the Board; reviews and analyzes verbatim testimony and resumes prepared by a Hearing Examiner; determines if testimony agrees with the facts outlined in the Hearing Examiner's report; and prepares summaries of hearings and provides the bureau's recommendation for Board review and final decision.

Maintains a record of all approved Resort Area and Licensing Appeal cases; reviews court orders, legal opinions, and legal correspondence in connection with appeal cases to ensure appropriate action is taken; prepares orders and opinions of cases refused approval by the Board independently or with the help and guidance of the Office of Chief Counsel; consults with the Office of Chief Counsel in securing legal opinions on complex cases such as bankruptcy, padlocking, drug seizure, forfeiture, and revocation.

Assists in the preparation of recommendations and suggestions for changes to procedures at the Division and Bureau levels; periodically reviews licensing forms and provides suggestions for the redesign of the document.

Assists in the cyclical preparation of processing timetables for the licensing districts to maintain a current status on all nuisance bar reviews and related projects; and corresponds with the Pennsylvania State Police, Bureau of Liquor Control Enforcement, requesting verification of any record for a licensed establishment or licensee involving a felony conviction or observed drug activity which resulted in the issuance of a citation.

Reviews and evaluates documents received from police departments, District Attorneys' offices and the legislature to determine if criteria is met to warrant further review of a licensee's operating history; and requests field investigation in those instance where reported or proven drug activity has occurred, an alleged violation of the liquor code has occurred, or where there is a clear issue that existing circumstances pose a threat to the health and welfare, peace and morals of the surrounding community.

Identifies licensees who have received citations meeting nuisance bar criteria and issues stop orders on any pending or future license renewal application; analyzes the prior operating history of the licensee/premise and prepares a case summary; reviews pending reports to determine the financial interest of the current licensee; reviews investigatory reports and determines if reasonable cause exists to list as a nuisance bar; prepares a recommendation for action for review by the Bureau Director; and informs all interested parties of the Director's decision.

Coordinates the hearing process for those licensees and/or premises wishing to appeal the Director's decision to the Board for review; certifies appropriate documents for hearing in lieu of testimony; prepares case for Deputy Chief Counsel of all pertinent documents and information; notifies the Office of Chief Counsel of all parties requiring a subpoena; reviews case information from the Office of Chief Counsel and determines the impact the court decision will have on the licensee's appeal and/or operation; and initiates appropriate action based on established procedures and the court's ruling.

Designs, develops, implements, conducts, and evaluates new hire training and development programs in image processing systems, caseload management, the provisions of the Pennsylvania Liquor Code and Title 40, Pennsylvania Code, and related liquor licensing programs, rules, regulations, policies, and procedures; designs, develops, and conducts ongoing staff development programs in all aspects of the licensing process; and develops and presents staff training on all statutory, regulatory, or policy changes.

Plans, organizes, directs, and evaluates the work of employees engaged as training participants and provides superiors with written evaluations of employee performance; and recommends plan for continued employee development, retention, or dismissal, as appropriate.

Provides technical assistance to supervisory staff relative to training program content, performance standards, use of evaluation systems, and the development of individual work plans.

Develops, or assist in the development of, new and/or revised training syllabi and procedural manuals which incorporate the practical application of the procedure with the technical application of the Licensing Image Processing and Host Computer Systems; and develops training schedules, ensures adherence to training standards, prepares necessary training guides and aids, and produces program records and reports.

Reviews and analyzes existing processes, procedures, regulations, current data/image processing systems designs and specialized processing procedures specific to the licensing application/renewal categories to provide recommendations for enhancements or revisions, or to provide feedback regarding the implications for the Bureau of Licensing.

Serves as the work leader for the Board's Licensing Information Center, and as such plans, organizes, assigns, and reviews completed work tasks; resolves work-related problems; determines and assigns task priorities; and provides technical assistance and guidance to lower level employees within the Center.

Utilizes the Licensing Inquiry and Image Processing Systems to monitor the status of licenses and pending applications, and to provide appropriate case status information via telephone and face-to-face discussion with applicants, licensees, and attorneys; reviews, evaluates and approves renewals and certain types of applications for licensees/applicants who choose to bring materials to the Information Center and wait for response; and prepares and forwards authority for the operation of vehicles to transport alcohol within the Commonwealth.

Performs other related duties as required.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES: Knowledge of the prescribed procedures and requirements of Civil Law, the Pennsylvania Liquor Code and Title 40, Pennsylvania Code.

Knowledge of Board regulations, precedents, and policies governing the selective liquor licensing program.

Knowledge of all operational levels within the Bureau of Licensing and their related procedures and policies.

Knowledge of the Bureau Licensing Inquiry and Licensing Image Processing Systems, and all related screen and system capabilities.

Knowledge of all licensing application types, processing requirements, and related forms.

Knowledge of the principles, practices, and techniques of staff development, including design, implementation, and evaluation of relevant programs.

Skill in applying a variety of legal, compliance, and regulatory procedures and practices in the daily processing and/or review of license and permit applications.

Skill in utilizing the various automated licensing systems to effectively manage an assigned caseload and render accurate and timely case decisions.

Skill in incorporating the statutes of the PA Liquor Code and its Regulations in the processing of applications and review of investigative field reports.

Skill in applying accepted caseload management techniques in order to maintain a current status on all assigned projects, applications, and permit case reviews.

Ability to utilize independent judgement on all transactions assigned for processing, setting priorities based upon established time frames and interested party involvement.

Ability to process to final conclusion all cases meeting statutory, regulatory, and policy requirements.

Ability to compose a variety of correspondence, including responses to applicant, licensees, attorneys, and the general public.

Ability to review complex investigative field reports, extract pertinent information, and apply that information against the provisions of the Liquor Code in rendering an informed decision.

Ability to comprehend and interpret a large variety of complex liquor licensing and industry-related legal documents.

Ability to prepare concise summaries of complex cases including all pertinent information, and prepare a valid recommendation for action based on a review of the relevant case facts.

Ability to communicate effectively, orally and in writing, in English.

Ability to follow oral and written instructions.

Ability to establish and maintain effective working relationships with agency personnel, superiors, subordinates, licensees, attorneys, industry representatives, and the general public.

MINIMUM EXPERIENCE AND TRAINING: Two years of experience as an LCB Licensing Technician 2;

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Five years of clerical, administrative, or para-professional experience supporting a legal, licensing, or other regulatory program requiring the application of statutes, program policies, and industry regulations, and graduation from high school;

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Any equivalent combination of experience and training.