[HISTORY: Adopted by the Board of Supervisors of Westtown
Township 6-3-2019 by Ord. No. 2019-04. Amendments noted where applicable.]
In accordance with Act 141 of 2000, which is codified in 47
P.S. § 4-461 of the Pennsylvania Liquor Code, the intermunicipal
transfer of a liquor license into Westtown Township and issuance of
a license for economic development pursuant to the Liquor Code must
first be approved by the Board of Supervisors when the total number
of existing restaurant liquor licenses and eating place retail dispenser
licenses exceeds one license per 3,000 inhabitants. With the passage
of the voter referendum in 2018 permitting the sale of liquor in the
Township, the Board of Supervisors now desires to establish a procedure
for the administration of applications for the intermunicipal transfer
of a liquor license into the Township and issuance of a license for
economic development. All requests or applications for intermunicipal
transfer of a liquor license and issuance of a license for economic
development pursuant to the Liquor Code shall comply with the provisions
in this chapter.
Any person or entity seeking approval for the intermunicipal
transfer of a liquor license or issuance of a license for economic
development under the Liquor Code must first submit a written application
to the Township. The application must provide the following information:
A.
The applicant's full name, address, telephone number, facsimile
number and e-mail address;
B.
The name of the applicant's counsel and his or her address,
telephone number, facsimile number and e-mail address;
C.
The business name and address of the establishment where the liquor
license is proposed to be located within Westtown Township;
D.
The type of operation proposed: a restaurant (R license) serving
malt and brewed beverages and other forms of alcohol, or an eating
establishment (E license) serving only malt and brewed beverages;
E.
The name and address of the transferor licensee;
F.
The license number and LID number of the license which is proposed
to be transferred into Westtown Township;
G.
Information about the following operating details:
(1)
Amusement permit: yes or no; if yes, type of entertainment.
(2)
Extended hours food permit: yes or no.
(3)
Sunday sales permit: yes or no.
(4)
Days of operation.
(5)
Hours of operation.
(6)
Number of employees: total and on the greatest shift.
(9)
Restrictive institutions including churches, schools, hospitals,
public parks with playground equipment for children, and charitable
institutions (within 300 feet): yes or no.
(10)
Other Pennsylvania Liquor Control Board licenses (existing within
200 feet): yes or no.
H.
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 proposed liquor license will be located;
I.
A detailed description of the proposed establishment where the liquor
license will be used;
J.
The owner of the property where the liquor license is proposed to
be located;
K.
The names, addresses and telephone numbers of all property owners
within 500 feet of the proposed license location;
L.
The names, addresses and telephone numbers of all schools, churches
and establishments that have a liquor license which are within 500
feet of the proposed license location;
M.
A copy of the completed application submitted to the Pennsylvania
Liquor Control Board for the transfer of a liquor license, including
the applicant's criminal history and list of past Liquor Code
violations; and
N.
The names and location of other businesses with liquor licenses in
which the applicant has an ownership interest.
In order to reimburse the Township for the expenses incurred
in the administration of the application and conduct of the hearing
for the transfer of liquor licenses into the Township, the applicant
must submit with the application a fee in the amount specified by
resolution of the Board of Supervisors, which fee may be amended from
time to time. All fees must accompany the application and are nonrefundable.
In addition to the application fee, if the applicant requests a stenographic
record of the hearing, all costs for providing a stenographic record,
including appearance fees, will be the responsibility of the applicant.
Upon receipt of a complete application and the filing fee, the
Township will post the property identified as the location of the
proposed liquor license in a conspicuous location to notify potentially
interested citizens. The Township shall also publish a notice one
time in a newspaper of general circulation in the Township at least
seven days prior to the hearing. The notice that is posted and published
in the newspaper shall include a summary description of the application
and the date, time and place of the public hearing to be conducted
by the Board of Supervisors.
The Board of Supervisors will conduct a public hearing to consider
the application. At the hearing, the Board of Supervisors shall receive
comments and recommendations of interested individuals within the
Township concerning the application for transfer of the liquor license.
The hearing shall be transcribed.
A.
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace and morals of Westtown Township or its inhabitants, the Board of Supervisors may consider, in addition to the information in § 47-2 above, any or all of the following:
(1)
A report and recommendation from the Township Manager and the Westtown-East
Goshen Chief of Police;
(2)
The population of Westtown Township, the number of students and the
number of residents under the age of 21;
(3)
The total number of existing liquor licenses in the Township and
whether the total number of existing liquor licenses exceeds one license
per 3,000 inhabitants of the Township (the quota established by the
Liquor Control Board);
(4)
The location of the closest existing licensed establishment (all
types of licenses), school, church, or adult-oriented establishment
(as defined in Title 68, Chapter 55 of the Pennsylvania Consolidated
Statutes, as amended.);
(5)
Concerns expressed by area residents, institutions, businesses and
public interest organizations;
(6)
Information about other businesses in which the applicant has some
interest or ownership; and
(7)
Any other issue or fact that may adversely affect the welfare, health,
peace and morals of Westtown Township or its inhabitants.
B.
Within the time limits set forth in the Liquor Code, the Board of
Supervisors shall vote to deny, approve, or approve with conditions
the request for an intermunicipal transfer of liquor license into
the Township. The decision of the Board of Supervisors shall be set
forth in a written resolution. Any approval will 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 approval
of the Board of Supervisors.
