News

News

Transfers In The Time Of Corona

How the Covid-19 Pandemic Has Affected Structured Settlement Transfers in the Northeast By Michael A. Green, Esquire, Green, Silverstein & Groff, LLC The world has changed significantly since COVID-19 hit the United States in February and March. Litigating proposed structured settlement transfers has been affected like everything else. I and my firm have been doing transfer work in Pennsylvania and New Jersey since 2002. I thought it would be useful to provide a “down and dirty” view of what is different and what remains the same where I and the other lawyers in my office practice. However, after giving it…
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Indoor Dining and Alcohol Sales

The hospitality industry continues to struggle financially during the national COVID-19 health crisis and the government’s attempts to control the spread of the deadly virus. The Pennsylvania Liquor Control Board issued an updated guidance regarding the Governor’s various orders on January 4th, 2021 to all licensees. One topic covered by the updated guidance are the guidelines for the resumption of indoor dining and the service of alcoholic beverages, which restaurant licensees must strictly follow. Licensees who are offering indoor seating for dining and desiring to sell alcohol beverages must provide a meal for consumption on the premises in order to…
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Be Prepared – An Outside Counsel’s Perspective on the Court Approval Process

My name is Mike Green. I am outside counsel to several factoring companies. This is my first time posting to a blog so, please, be gentle. Anyway, to follow up on Matt Bracy’s previous post about court approval, I thought I’d give my “outside counsel” perspective about court approval, what happens and how everyone can be prepared to face the judge at the hearing and what everyone can do to best present the transfer. In most states (including PA and NJ, where I practice), an individual must appear in court and persuade the judge that the proposed transfer is in…
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Citation For Failure To Pay State Taxes

Licensees are aware that in order to renew, transfer, or obtain a PLCB license both the Pennsylvania Department of Revenue and the Pennsylvania Department of Labor and Industry each must issue tax clearances for the licensee. Therefore the licensee has the obligation to be current in both the filing of tax reports and the payment of the taxes due that are associated with those reports. Without the clearances, the respective licenses will not be renewed, validated, and any transfer application or an application for a new license will not be approved. Licensees experiencing financial difficulties with the payment of their…
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It’s the Interest Rate, Stupid – An Outside Counsel’s Perspective on Cutting Through the Morass of Financial Information on the Disclosure Statement at a Structured Settlement Transfer Hearing

My name is Mike Green. I am outside counsel to several factoring companies. I blogged last year about my perspective on the court approval process for structured settlement transfers. With this article, I’d like to dig deeper into the financial/best interest analysis. This is an area which confuses many individuals and judges not familiar with the process: Each state which has a structured settlement transfer statute requires that a Disclosure Statement be issued. While the required disclosures vary slightly from state to state, most Disclosure Statements must indicate some or all of the following: total amount of payments to be…
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Non Renewal Of Liquor License For Amplified Music Violations

Q. My corporation has a restaurant liquor license, and I have had two (2) citations involving amplified music being heard outside of my premises within the past year. I have a live music venue and neighbors have been complaining to the State Police about hearing the music. The PLCB has sent me a letter objecting to the renewal of my amusement permit claiming I abused my licensing privileges because of the two citations. Can the Board legally do this? I have also been listed as not being reputable because of the music citations. A. The Pennsylvania Liquor Code makes it…
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PLCB Introduces New Licensee Compliance Program

Each type of license issued by the PLCB has specific legal requirements that must be complied with in order to qualify for the license to be issued to the license applicant. For example a holder of a restaurant liquor license must have on its premises seating for 30 patrons, food on the premises to feed 30 patrons, utensils, dishes etc. to serve the food, and a valid, current health license/permit issued to the premises by the local municipal authority, and the licensed premises must presently consist of a minimum area of 400 square feet. The license holder must continue to…
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Off-premises Catering Permits

The recent changes to the Liquor Code has increased the number of the Off Premises Catering Permits that a qualified licensee can obtain in a calendar year from 50 to 52. This obviously is not by any standard a significant increase. However the overall procedural process has been amended to benefit licensees. The PLCB has more discretion when accepting permit applications, and when licensees have to provide notice of the scheduled events. Previously licensees had to file for the permit by March 1. This was a strict deadline and the PLCB legally could not accept applications past that date. Now…
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Age Compliance Program – Be Vigilant

Licensees are still being cited for sales to minors as a result of Pennsylvania’s Age Compliance Program, which is administered by the State Police Bureau of Liquor Control Enforcement. I have written about this program in past columns and is worth revisiting since the sales or the furnishing of alcohol to minors is one of the most serious violations that a licensee can have on its record. The idea of the Age Compliance Program is to check on PLCB licensed establishments to see if they are complying with the law, and to see if they are using a proper age…
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Wine Expanded Permit Holder – Minors and Patrons Under 35

Liquor Licenses holding a Wine Expanded Permit (WEP) are required to use a transactional scanning device to check, legally acceptable identification cards as proof of age of all patrons appearing to be under the age of 35 years, who want to purchase wine-to-go. Patrons 21 years or older of age can legally purchase wine, but WEP holders must still use the transactional device for all patrons appearing to be under 35 years of age. The wording of the statute restricts WEP licensees to accepting as proof of age only those ID’s that can be scanned using the transactional device, which…
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Wine Expanded Permit – Wine To Go

Act 39, which amended the Liquor Code went into effect August 8, 2016. One purpose of the law is to expand the availability of alcoholic beverages and thus increase the convenience factor for the retail consumer. This increase in the availability of alcoholic beverages also creates new opportunities for licensees. This enlarging of the number of outlets in which to legally obtain alcoholic beverages comes with new regulations however. One of the new business opportunities for licensees created by Act 39, which amended the Liquor Code is the wine expanded permit, also known as WEP, or a “wine to go…
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Sunday Sales Hours

Clients always ask me what hours can they legally be open and sell alcoholic beverages on Sundays. There are 23,481 licenses issued in Pennsylvania and the answer depends upon what specific type of license that a licensee holds, and you must be aware of those hourly restrictions. Restaurant and hotel liquor licensees and retail dispenser licensees with Sunday sales permits may dispense alcohol between 11 A.M. Sunday and 2 A.M. Monday. However a licensee with a Sunday sales permit may begin dispensing alcohol at 9 A.M., provided the licensee offers a meal beginning at 9:00 A.M. Airport Restaurant Liquor (AR)…
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