City of Easton, PA Chapter 185 Alcoholic Beverages

[HISTORY: Adopted by the Council of the City of Easton as indicated in article histories. Amendments noted where applicable.]

Article I Liquor License Transfers and Economic Development Liquor Licenses

[Adopted 9-23-2020 by Ord. No. 5717]

§ 185-1 Administration of applications.

The following procedures will be followed in the administration of applications for intermunicipal liquor license transfers and economic development liquor licenses.

§ 185-2 Application form requirements.

Any applicant seeking an intermunicipal liquor license transfer or economic development liquor license shall complete the City's application form, which shall be available through the City's Department of Community and Economic Development ("DCED") and shall require the following information:

A. The applicant's full name, home address and telephone number;

B. The applicant's Pennsylvania LCB license number (if applicable);

C. The current business name, address, municipality, and telephone number where the liquor license proposed for transfer is located (if applicable);

D. The business name, address and telephone number where the liquor license is proposed to be located within the City of Easton;

E. The type of license being pursued;

F. 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;

G. The owner of the property where the liquor license is proposed to be located;

H. A letter of support from the property owner, if the property is being leased, showing their support for the license application.

I. The date at which the applicant proposes to receive the license or relocate the liquor license to the City of Easton;

J. The names of other businesses with liquor licenses in Pennsylvania in which the applicant has some interest or ownership, including the license number of these establishments;

K. Identification as to whether the applicant or any affiliate has ever been cited with liquor law violations and, if so, a detailed explanation for each citation;

L. 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 or entertainment;

M. A copy of the proposed application required by the Pennsylvania Liquor Control Board, including the applicant's criminal history; and

N. 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.

§ 185-3 Form to be filed with City Clerk and Department of Community and Economic Development.

The application shall be filed with both the City Clerk and DCED by any person or entity requesting a license under this article. The DCED will review the application for conformity and eligibility. If the application is deficient, the DCED may return said application with comments informing the applicant specifically what sections must be addressed. The DCED will, where applicable, make recommendation to the City Clerk to schedule a public hearing with City Council to review the request and to schedule the introduction of a resolution on the proposed application.

§ 185-4 Application fee; additional charges.

The City of Easton wishes to provide for the reimbursement of expenses incurred in the administration of the applications and hearings for new economic development licenses and the transfer of liquor licenses into the City of Easton. In order for an application to be accepted by the City of Easton, the applicant must submit an application fee in the amount of $1,000, payable to the City, to defray the cost of the public notices and related administrative expenses. The applicant will be responsible for any charges over and above $1,000 for costs that the City incurs relative to conducting the public hearing in conformity with Act 141 of 2000 (the Liquor Code), as amended.[1] No license will be granted by the City until all expenses associated with the application have been reimbursed by the applicant. Upon payment by the City of all allowable costs associated with the public hearing, any unused portion of the fee/deposit shall be returned to the applicant.

[1] Editor’s Note: See 47 P.S. § 4-401 et seq.

§ 185-5 Public and written notices

Public notice shall be given and written notice shall be given to the applicant, the City of Easton Codes Department, the City of Easton Planning Department, the Chief of Police, adjacent property owners (including those owners of property directly across a street or alley from the subject property), City Council, the City Solicitor and other interested parties as deemed appropriate. The DCED shall provide such written notice not less than 10 days prior to the scheduled public hearing by first-class United States mail with postage paid. The City shall have the right to post the property upon which the liquor license is sought to be issued or transferred but shall not be required to do so.

§ 185-6 Factors affecting application approval.

The City, in deciding on an application for an intermunicipal transfer or an economic development license, may consider any or all of the following items and/or factors:

A. A written report and/or recommendation from the City of Easton Codes Department, the City of Easton Planning Department and the City of Easton Chief of Police;

B. The type of establishment proposed, such as a restaurant, tavern, nightclub, or take-out shop;

C. The number of liquor licenses approved and proposed for use within the City of Easton at the time of the application;

D. The concerns, if any, expressed by residents, businesses and other City organizations; and

E. Any other factors the Easton City Council believes are necessary to protect the welfare, health, peace and morals of the City.

§ 185-7 Public hearing

The public hearing will be held in conformity with Act 141 of 2000 (the Liquor Code),[1] as amended. The hearing will be held during a regularly scheduled City Council meeting. The City Clerk will ensure notice has been properly made and place this hearing on the agenda upon request by the Department of Community and Economic Development.

[1] Editor’s Note: See 47 P.S. § 4-401 et seq.