[HISTORY: Adopted by the Board of Commissioners of the Township of Radnor as indicated in article histories. Amendments noted where applicable.]
Littering — See Ch. 190.
Article I Possession and Consumption
Article II Transfer of Liquor Licenses
[Adopted 7-20-1992 by Ord. No. 92-13]
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Liquor or a malt or brewed beverage.
- Any alcoholic, spirituous, vinous, fermented or other alcoholic beverage or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol, usable or taxable for beverage purposes, which contain more than 1/2 of 1% of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.
- MALT OR BREWED BEVERAGE
- Any beer, lager beer, ale, porter or similar fermented malt beverage containing 1/2 of 1% or more of alcohol by volume, by whatever name such beverage may be called.
- OPEN CONTAINER
- Any of the following objects and any objects similar thereto: a glass, mug or other such drinking utensil; a bottle or jug from which the cap or cork has been removed or on which the seal has been broken; a can which has been punctured or from which the cap or snap top or snap tab has been removed; a keg which has been tapped or a jar, jug or other immediate container of an alcoholic beverage which did not contain the alcoholic beverage contained therein when such alcoholic beverage was last purchased from a person licensed by the Pennsylvania Liquor Control Board to sell alcoholic beverages. An "open container" shall not include a bag, box or other similar wrapping or packaging of a container of an alcoholic beverage.
- PARKING AREA
- Space provided by an owner or tenant for the parking of vehicles on any premises described herein, together with the means of ingress thereto and egress therefrom and roads and driveways of any such premises.
- PRIVATE PROPERTY
- Property not owned or leased by those persons engaged in the possession, consumption or transportation of any alcoholic beverage.
- PUBLIC PLACE
- Any public sidewalk, street, lane, highway, building, parking area, park or recreation area or other property open for the use of the public.
- PUBLIC STREET
- The entire right-of-way of any public street, road or highway of the Township of Radnor or of the County of Delaware or of the Commonwealth of Pennsylvania, including the cartway, sidewalks and unpaved portions thereof within the Township of Radnor. The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or Township park.
It shall be unlawful for any individual to possess, consume or use alcoholic beverages or malt liquor on public school property without the special and express permission of the school principal or the Superintendent of Schools. School property shall include all property owned by or leased by the Radnor Township School District and/or the Radnor Township School Authority.
No person shall have, possess, carry or transport any alcoholic beverage in an open container in or upon any public place or private property or in any vehicle upon such area within the Township of Radnor. No person shall consume any alcoholic beverage in or upon any aforesaid public place or private property within the Township of Radnor.
No person shall be guilty of a violation of § 109-3 for possession, carrying, transporting or consuming alcoholic beverages on the premises he owns or leases; within the area permitted by the license of an establishment licensed by the Pennsylvania Liquor Control Board; on the premises of a privately owned recreational facility or club in which he or his host holds a valid membership; or on public or private property with the express permission of the owner or lessee.
No person shall discard alcoholic or other beverage containers upon any public sidewalk, street, lane, highway, parking lot, park or recreation area of public or private property within the Township of Radnor.
The violation of any of the provisions of this article shall be punishable by a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment in the county jail for a term not exceeding 30 days. Each day any violation shall continue shall constitute a separate violation.
[Adopted 6-16-2003 by Ord. No. 2003-10]
It is the intent of this article to enact rules and regulations, and a fee schedule to administer applications filed for the intermunicipal transfer of liquor licenses into the Township in accordance with Act 141 of 2000, of the Commonwealth of Pennsylvania. It is the further intent of this article to provide for responsible alcohol management on applications made to the Township pursuant to state law and to protect the welfare, health, peace and morals of the Township and its residents.
Editor's Note: See 47 P.S. § 4-401 et seq.
Applicants seeking to file an application for the intermunicipal transfer of a liquor license pursuant to this article shall be required to pay the required fee as set forth in Chapter 162, Fees, of the Township Code, and file 10 copies of the following information with the Township Secretary:
Name, home address, and home phone number of applicant.
Name and home address of any other individuals who have, or propose to have, a financial interest or ownership in the business.
Name and address of any other liquor license in which the applicant, or any other individual identified in Subsection B, has an interest or ownership.
Business name, address, and phone number where the license will be located within the Township.
Owner of the property where the license is to be located.
Nature of the business and type of license to be transferred.
Copy of the completed application required by the Pennsylvania Liquor Control Board, including the applicant's criminal history and any liquor code violations.
Plot plan drawn to scale illustrating:
Width, depth and lot area of the property.
Zoning classification of all property within a five-hundred-foot radius of the property, including a description of the land use of each district.
Location and use of all buildings and structures on the property.
Number and location of off-street parking spaces, including means of ingress and egress.
Name and address of existing liquor licenses within 200 feet.
Location of any church, hospital, school, charitable institution, if known, or public playground within 300 feet.
Business plan to include the following information:
Hours and days of operation.
Interior floor plan, including total seating capacity and location of kitchens and restrooms.
Type of entertainment, if proposed.
Number of employees, including number on the maximum shift of employment.
Type of menu, including price range.
Method of refuse disposal.
Upon receipt of the required information and required fee, the Board will fix a date, time, and location for a public hearing to consider the application. The Township will provide notice of the hearing as follows:
By mailing a notice thereof to the applicant, Township Manager and Township Commissioner representing the ward in which the property is located and to any other person who has made timely request to receive same.
By mailing notice thereof to every resident or association of residents of the Township who have registered their names and addresses with the Community Development Department.
By posting notice of said hearing in a conspicuous location on the property at least one week prior to the hearing.
By mailing notice to the owner, if his address is known, or to every occupant of a lot on the same street within a distance of 500 feet of the property in question.
In considering whether the applicant's request for the transfer of a liquor license into the Township would affect the welfare, health, peace and morals of the Township or residents, the Board may consider any or all of the following:
Number and nature of police incident reports over the past 12 months at the location where the license will be located.
Any other business with a liquor license in which the applicant has ownership or a financial interest.
Reports and recommendations from the Township Manager, Solicitor and staff.
The total number of liquor licenses in the Township.
The closest location of any existing liquor license.
Proximity to any church, hospital, school, charitable organization, if known, public playground or other institution.
Concerns expressed by area residents, businesses and civic groups, or other interested or affected party regarding the impact upon the welfare, peace and morals of the Township or residents.
Any other issue or fact which may adversely affect the welfare, health, peace and morals of the Township or residents.
Within 45 days of the Township's receipt of a completed application requesting an intermunicipal transfer of a liquor license pursuant to § 109-8 herein, the Board of Commissioners shall render a decision by resolution or ordinance to approve or disapprove the applicant's request. The decision of the Board shall be issued in a written report setting forth the basis to approve or disapprove the application, and shall include findings of fact in support of such decision. In approving an application, the Board reserves the right to impose conditions, which the applicant shall accept and agree to by signing an affidavit in a form acceptable to the Township. Any change or deviation in the applicant's plan inconsistent with the approval granted shall require a new application and further review and approval by the Board of Commissioners consistent with the terms of this article.