[Ord. 137, 7/5/2005]
Any person, corporation or other entity seeking Township 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 Part.
[Ord. 137, 7/5/2005]
1.
Any person, corporation or other entity seeking Township approval
for an intermunicipal transfer of a liquor license shall file an application
with the Township Secretary, in a form approved from time to time
by the Township Secretary.
2.
This application shall, at a minimum, include the following information:
A.
The name, address and telephone number of the applicant.
B.
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.
C.
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.
D.
The current location of the liquor license proposed to be transferred,
including the street address, telephone number, and business name.
E.
The name, address and telephone number of the current owner of the
liquor license proposed to be transferred.
F.
The name, address and telephone number of the owner of the property
where the liquor license is proposed to be transferred.
G.
The name of the establishment sought to be licensed.
H.
The Pennsylvania Liquor Control Board ("PLCB") license number for
the liquor license proposed to be transferred.
I.
The date at which the applicant proposes to relocate the liquor license
to the Township.
J.
The type of liquor license proposed to be transferred.
K.
All 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.
L.
The names, addresses, and telephone numbers of all owners of property
fully or partially within 500 feet of the proposed license location.
M.
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.
N.
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.
O.
A copy of the completed application form required by the PLCB for
the transfer of a liquor license.
Q.
Detailed information regarding the following operating details for
the business where the license is proposed to be transferred:
(1)
Amusement permit.
(2)
Extended hours food permit.
(3)
Sunday sales permit.
(4)
Days of operation.
(5)
Hours of operation.
(6)
Seating capacity.
(7)
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 Township deems important.
(8)
Characteristics of neighborhood.
(9)
Type of menu (breakfast, lunch, dinner).
(10)
General food and drink price range.
R.
A list of existing licenses in the Township which are inactive, in
safekeeping and/or for sale, including name, address and telephone
number of contact person for each.
S.
The number of existing liquor licenses of all types within the Township.
T.
The population of the Township taken from the latest Federal census.
U.
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.
V.
Any other information deemed appropriate by the Township Secretary.
3.
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.
4.
The Township Secretary shall review the application for completeness
in accordance with the requirements of this section. If all required
materials and information have not been submitted, then the Township
Secretary 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.
[Ord. 137, 7/5/2005]
In order for any application to be accepted by the Township
as administratively complete, the applicant must submit an application
fee to defray the Township'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 the Board of Supervisors.
[Ord. 137, 7/5/2005; as amended by Ord. 167, 12/6/2011, § 1]
Upon receipt of an administratively complete application, including
the appropriate fee(s) required by this Part, the Township shall schedule
a public hearing. The Township shall advertise a public notice for
the hearing at least once each week for two successive weeks prior
to the hearing date in a newspaper of general circulation in the Township.
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. The Township shall also conspicuously post the property identified
as the location of the proposed liquor license in a manner consistent
with the requirements of the Municipalities Planning Code, 53 P.S.
10101 et seq., as amended, for the posting of a property for a proposed
re-zoning.
[Ord. 137, 7/5/2005]
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace, and morals of the Township or its inhabitants, the Board of Supervisors may consider, in addition to the information required by § 13-602 hereof, any or all of the following:
A.
A report and recommendation from the Township Secretary and the Responsible
Police Department.
B.
The population of the Township, 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 Deer Lakes School District.
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 Township or its inhabitants and which the
Board of Supervisors deems appropriate and relevant to the proceedings.
[Ord. 137, 7/5/2005]
The Board of Supervisors shall conduct a public hearing to determine
whether or not to approve the transfer of the liquor license into
the Township. Proceedings before the Board of Supervisors shall be
in accordance with §§ 551-555 of the Local Agency Law,
2 Pa.C.S.A. §§ 551-555, as amended.
[Ord. 137, 7/5/2005; as amended by Ord. 167, 12/6/2011, § 2]
The Board of Supervisors shall render a decision by resolution
either approving or denying the transfer of the liquor license within
45 days of the filing of an administratively complete application.
The Board of Supervisors may: (1) approve an application; (2) approve
an application subject to certain specified conditions; or (3) 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 Township or its residents. Any approval of
an application under this Part 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 Township approval.
