[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 10-17-2005 by Res. No. 2005-33. Amendments noted where applicable.]
The following procedures will be followed in the administration of applications pursuant to the requirements of Act 141 of 2000, relating to applications for intermunicipal liquor license transfers and economic development liquor licenses:
Any applicant seeking an intermunicipal liquor license transfer or economic development liquor license shall complete the Township's application form, which shall be available at the Office of the Township Manager and shall require the following information:
The applicant's full name, home address and telephone number. If the applicant is a corporation, a partnership, limited liability company, limited partnership or similar type of organization ("the business"), the names and addresses of all shareholders and partners;
The applicant's Pennsylvania LCB License Number (if applicable);
The current business name, address, municipality and telephone number where the liquor license proposed for transfer is located;
The business name, address and telephone number where the liquor license is proposed to be located within the Township of Muhlenberg;
The type of license proposed to be transferred;
The names, addresses and telephone numbers of all parties who have or propose to have a financial interest or ownership in the business or the real estate where the proposed liquor license will be located;
The owner of the property where the liquor license is proposed to be located;
The date at which the applicant proposes to relocate the liquor license to the Township of Muhlenberg;
The names of other businesses with liquor license in Pennsylvania in which applicant has some interest or ownership, including the license number of these establishments;
Whether the applicant or the business of which he has a financial interest has ever been cited with liquor law violations;
A brief description of the nature of the business proposed to be operated in connection with such license including, but not limited to, a description of any proposed food or other product sales and/or entertainment;
A copy of the proposed application required by the Pennsylvania Liquor Control Board, including the applicant's criminal history; and
Certification by the applicant that the information contained in the application is true and correct; that the presentation of false information shall subject the applicant to possible arrest, fines and imprisonment; and acknowledgment that submission of false information may constitute grounds for revocation of the liquor license.
The form of the application for a public hearing shall be filed with the Office of the Township Manager by any person or entity requesting an intermunicipal license transfer or economic transfer license before the Board.
The Township of Muhlenberg wishes to provide for the reimbursement of expenses incurred in the administration of the applications and hearings for the transfer of liquor licenses into the Township of Muhlenberg. In order for an application to be accepted by the Office of the Township Manager, the applicant shall submit an initial nonrefundable application fee in the amount of $1,500, payable to the Township of Muhlenberg for the payment of all costs incurred by the Township of Muhlenberg associated with the Act 141 of 2000 application and hearing. The initial application fee will defray the costs of preparation for the hearing and the first hearing on the transfer request up to and including a maximum hearing of three hours. Each additional three hours of hearing, or any part thereof, will constitute an additional hearing day with an additional hearing fee of $750 for each hearing day. The applicant shall be responsible for any charges over and above any application and hearing fees for costs that the Township of Muhlenberg incurs relative to conducting the public hearing in conformity with Act 141 of 2000, including but not limited to, engineering fees, attorney's fees, stenographer costs, advertising costs and all other fees and costs associated with the hearing of any nature incurred by the Township. Upon the payment by the Township of Muhlenberg of all allowable costs associated with the public hearing, any unused portion of the fee/deposit shall be returned to the applicant.
Public notice of the hearing shall be given once in a newspaper of general circulation and written notice shall be given to the applicant, the Township Planning Commission, the Township Chief of Police, the Township Fire Marshal, adjacent and adjoining property owners (including those owners of property directly across a street or alley from the subject property), the governing body and the Solicitor of the Township. Such written notice shall be given not less than 10 days prior to the scheduled public hearing by first class United States mail with postage paid. The Township of Muhlenberg shall have the right to post the property upon which the liquor license is sought to be transferred but shall not be required to do so.
In considering an application for an intermunicipal transfer or an economic development license, the Board may consider, among other relevant considerations, any and all of the following items and/or factors:
A written report and/or recommendation from the Township Manager, the Township Engineer, the Township Planning Commission, the Township Chief of Police and the Township Fire Marshal;
The population of the Township of Muhlenberg;
The type of establishment proposed, such as a restaurant, tavern, night club or take-out shop;
The number of the liquor licenses approved and proposed for use within the Township of Muhlenberg at the time of the application;
Whether the total number of existing liquor licenses will exceed the ratio of one license per 3,000 inhabitants in the Township of Muhlenberg (as established by the Pennsylvania Liquor Control Board, 47 P.S. § 4-461);
The location of the closest existing liquor license, hospital, school, park, church and private recreation or amusement facility;
The concerns, if any, expressed by the area residents, businesses, churches and Muhlenberg School District;
Any other factors the Board believes are necessary to preserve the welfare, health, peace and morals of the Township; and
The application and all testimony and exhibits.
The public hearing will be held in conformity with Act 141 of 2000 and a stenographer shall be present to make a transcript of the hearing.