Borough of Crafton, PA Chapter 134 Intermunicipal Liquor License Transfers

[HISTORY: Adopted by the Borough Council of the Borough of Crafton 2-25-2004 by Ord. No. 1558. Amendments noted where applicable.]

GENERAL REFERENCES

Adult-oriented businesses — See Ch. 60.

Zoning — See Ch. 225.

§ 134-1 Borough approval procedure.

Any person, corporation or other entity seeking Borough approval for an intermunicipal transfer of a liquor license under the Pennsylvania Liquor Code, 47 P.S. § 4-461 et seq., as amended, shall comply with the requirements of this chapter.

§ 134-2 Application for approval of license transfer.

A. Any person, corporation or other entity seeking Borough approval for an intermunicipal transfer of a liquor license shall file an application with the Borough Manager, in a form approved from time to time by the Borough Manager.

B. This application shall, at a minimum, include the following information:

(1) The name, address and telephone number of the applicant.

(2) The names, addresses, and telephone numbers of all parties who have, or propose to have, a financial interest or ownership in the business where the liquor license is proposed to be located.

(3) The proposed location to which the liquor license is being transferred, including a legal description of the property, street address and telephone number, if any.

(4) The current location of the liquor license proposed to be transferred, including the street address, telephone number, and business name.

(5) The name, address and telephone number of the current owner of the liquor license proposed to be transferred.

(6) The name, address and telephone number of the owner of the property where the liquor license is proposed to be transferred.

(7) The name of the establishment sought to be licensed.

(8) The Pennsylvania Liquor Control Board (PLCB) license number for the liquor license proposed to be transferred.

(9) The date at which the applicant proposes to relocate the liquor license to the Borough.

(10) The type of liquor license proposed to be transferred.

(11) Other locations owned or operated by the applicant which currently hold and/or utilize liquor licenses, including name, address and license number of these establishments.

(12) The names, addresses, and telephone numbers of all owners of property fully or partially within 500 feet of the proposed license location.

(13) A list of all liquor license violations cited against the applicant, and/or any party that will have a financial interest in the business where the liquor license is proposed to be located. This list shall include the dates, locations and specific grounds for each such violation.

(14) A list of all crimes committed by the applicant, and/or any party that will have a financial interest in the business where the liquor license is proposed to be located. This list shall include the dates, locations and specific grounds for each such violation.

(15) A copy of the completed application form required by the PLCB for the transfer of a liquor license.

(16) Name, address and distance from the proposed licensed premises of:

(a) Nearest licensed establishment.

(b) Nearest school.

(c) Nearest park.

(d) Nearest church.

(e) Nearest private recreation or amusement facility.

(17) Detailed information regarding the following operating details for the business where the license is proposed to be transferred:

(a) Amusement permit.

(b) Extended hours food permit.

(c) Sunday sales permit.

(d) Days of operation.

(e) Hours of operation.

(f) Seating capacity.

(g) A detailed and scaled plan of the configuration of the premises where the liquor license is proposed to be transferred, including all entrances, exits, emergency exits, rest rooms, offices, rooms, private areas, fixtures, pay telephones, seating areas, dance floors, dining or snack areas, amusement devices, bar and any other items or areas which the Borough deems important.

(h) Characteristic of neighborhood.

(i) Type of menu (breakfast, lunch, dinner).

(j) General food and drink price range.

(18) A list of existing licenses in the Borough which are inactive, in safekeeping and/or for sale, including name, address and telephone number of contact person for each.

(19) The number of existing liquor licenses of all types within the Borough.

(20) The population of the Borough taken from the latest federal census.

(21) A signed verification by the applicant, property owner, establishment owner and operator/manager that the facts set forth in the application are true and correct to the applicant’s, property owner’s, establishment owner’s and operator/manager’s personal knowledge, information and belief, and that any false statements made therein are subject to the penalties of 18 Pa.C.S.A. § 4904, as amended, relating to unsworn falsifications to authorities.

(22) Any other information deemed appropriate by the Borough Manager.

C. All distances under this section shall be measured from the proposed license area to the zoning lot boundaries of the other use or property in question.

D. The Borough Manager shall review the application for completeness in accordance with the requirements of this section. If all required materials and information have not been submitted, the Borough Manager shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this section which have not been met.

§ 134-3 Application fee.

In order for any application to be accepted by the Borough as administratively complete, the applicant must submit an application fee to defray the Borough’s expenses related to the public notices, public hearing requirements, secretarial and administrative functions, and investigative costs. The required application fee shall be established from time to time by resolution of Borough Council.

§ 134-4 Public hearing and advertisement.

[Amended 6-23-2014 by Ord. No. 1624]

Upon receipt of an administratively complete application, including the appropriate filing fee required by this chapter, the Borough shall schedule a public hearing. The Borough shall provide public notice for the public hearing as is defined by Section 1-102 of the Pennsylvania Liquor Code,[1] which states that "[p]ublic notice shall mean notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days, from the date of the hearing."

[1] Editor's Note: See 47 P.S. § 1-102.

§ 134-5 Council action.

In deciding whether the proposed transfer application would adversely affect the welfare, health, peace, and morals of the Borough or its inhabitants, the Council of the Borough may consider, in addition to the information required by § 134-2 hereof, any or all of the following:

A. A report and recommendation from the Borough Manager and the Borough Police Chief.

B. The population of the Borough, and the number of residents under the age of 21.

C. The proximity of the proposed licensed establishment to existing licensed establishments (all types of licenses), schools, churches, adult businesses, and other relevant uses.

D. The concerns expressed by area residents, businesses, public interest organizations, and the Carlynton School District.

[Amended 6-23-2014 by Ord. No. 1624]

E. A copy of the completed application required by the PLCB, and the applicant’s complete criminal history.

F. The names of and information regarding other businesses in which the applicant has an ownership interest.

G. Any other issue or fact that may adversely affect the welfare, health, peace, and morals of the Borough or its inhabitants and which the Borough Council deems appropriate and relevant to the proceedings.

§ 134-6 Hearing.

Borough Council shall conduct a public hearing to determine whether or not to approve the transfer of the liquor license into the Borough. Proceedings before the Borough Council shall be in accordance with Sections 551 to 555 of the Local Agency Law, 2 Pa.C.S.A. §§ 551 to 555, as amended.

§ 134-7 Council decision.

Borough Council shall render a written decision either approving or denying the transfer of the liquor license within 45 days of the filing of an administratively complete application. Borough Council may: approve an application; approve an application subject to certain specified conditions; or deny an application. A denial of an application shall be based on a finding that the proposed transfer would adversely affect the welfare, health, peace and morals of the Borough or its residents. Any approval of an application under this chapter shall be limited to the individual applicant, the proposed transfer location, and the type of establishment proposed. Any proposed change in ownership, location, or type of establishment will require a new application and Borough approval.