No person shall sell or distribute within the
corporate limits of the Borough any alcoholic beverages without first
having obtained a license for said purpose, issued pursuant to this
chapter or state law.
[Amended 6-25-1970 by Ord. No. 646; 6-17-1971 by Ord. No. 668; 6-13-1972 by Ord. No. 72-14; 6-26-1973 by Ord. No. 73-27; 6-25-1974 by Ord. No. 74-19; 11-24-1992 by Ord. No. 92-23; 4-8-2008 by Ord. No. 08-7; 4-2-2019 by Ord. No. 19-07; 5-25-2021 by Ord. No. 2021-20]
The annual fees for licenses shall be as follows:
A.
The number of plenary retail consumption licenses
issued and outstanding at any one time shall not exceed 33. In the
event that the number of plenary retail consumption licenses issued
and outstanding at any one time shall be fewer than 33, only such
number of additional plenary retail consumption licenses shall be
issued as will cause the total number of plenary retail consumption
licenses issued and outstanding at any one time to equal 33 or fewer.
The foregoing provisions of this section shall not prevent the renewal
of outstanding licenses or the transfer of such licenses and the renewal
of licenses so transferred.
[Amended 5-25-2021 by Ord. No. 2021-20]
B.
All new plenary retail consumption hotel/motel licenses
issued to a person who operates a hotel or motel containing at least
100 guest sleeping rooms after September 1, 2008, shall be subject
to the provisions of this subsection. Licenses issued prior to said
date may be issued without the auction process described herein. No
license issued pursuant to this section shall be transferable except
with regard to the operation of a hotel or motel located at the site
for which the license has been issued or with regard to the expansion
of a hotel at a site for which the license has been issued. Any license
issued pursuant to this section after September 1, 2008, shall be
issued by way of the public sale/bidding method as provided by law.
Any license issued pursuant to this section shall be issued to the
highest bidder with the Mayor and Council fixing the amount of the
minimum required bid by way of resolution, with the Mayor and Council
being entitled to reject any bids that are less than the minimum bid
amount. The premises for which a hotel/motel license is issued shall
be subject to the following regulations:
[Amended 4-8-2008 by Ord. No. 08-7; 5-27-2008 by Ord. No.
08-23]
C.
Only one license shall be granted to any person, corporation,
partnership, limited partnership or association in the Borough, and
said license shall cover only the licensed premises.
Upon the filing of the application by the applicant
with the Borough Clerk, the Borough Clerk shall forthwith refer the
same to the Mayor and Council for consideration.
Whenever the Mayor and Council shall grant any
application for a license by proper resolution, recorded in the minutes
of the Mayor and Council, and direct its issuance, the Borough Clerk
shall deliver to the applicant a license in appropriate form, signed
by the Borough Clerk with the Borough seal affixed, bearing date of
issuance and expiration, and particularly describing the place of
business, which license shall at all times be kept by the licensee
at the place of business in a conspicuous place exposed to view.