[HISTORY: Adopted by the City Council of the City of Harrisburg 3-28-2006 by Ord. No.
5-2006. Amendments noted where applicable.]
For purposes of this chapter, the following words shall have
the meaning set forth thereafter:
The person, corporation or other entity on whose behalf an
application for a license was made. The applicant shall be the proposed
license holder, provided that if the proposed license holder does
not own the premises the owner of the premises shall join the application.
The liquor license issued by the Pennsylvania Liquor Control
Board (PLCB) which the applicant proposes to transfer or establish
within the City of Harrisburg.
Either the issuance of an economic development license pursuant
to 47 P.S. § 4-461(b.1) of the Liquor Code, 47 P.S. § 1-101
et seq., as amended, or the intermunicipal transfer of a liquor license
pursuant to § 4-461(b.3) of the Liquor Code, 47 P.S. § 1-101
et seq.
The Mayor or his/her designee appointed by the Mayor to coordinate
the approval of a license.
The person, corporation or other entity who or which is the
legally deeded owner of the premises.
The proposed establishment for which the license transaction
is sought.
An applicant seeking the approval of the City for a license
transaction shall comply with the requirements of this chapter.
A.
The applicant shall file a written request signed by the applicant,
and by the owner of the premises if different from the applicant,
with the Liquor License Coordinator.
B.
Contents. The request, at a minimum, shall include the following
information:
(1)
The name, address and telephone number of the applicant.
(2)
The names, addresses, and telephone number of all parties who
have, or propose to have, a financial interest or ownership interest
in the establishment.
(3)
The proposed name under which the applicant intends to operate.
(4)
The location of the premises, including a legal description
of the property, street address and telephone number, if any.
(5)
Other locations owned or operated by the applicant and/or those noted in Subsection B(2) above which currently hold and/or utilize liquor licenses issued by the PLCB, including the name, address and PLCB license number of these establishments.
(6)
The name, address and telephone number of the owner, if different
from the applicant.
(7)
The current location of the license, if any, including the street
address, telephone number and business name.
(8)
The name, address and telephone number of the current owner
of the license, if any.
(9)
The PLCB license number for the license, if any.
(10)
The type of license, if any.
(11)
The date on which the applicant proposes to begin operations
using the license.
(12)
A list of all liquor license violations cited against the applicant
and/or any party that will have a financial interest or ownership
interest in the license or premises. This list shall include the dates,
locations and specific grounds for each such violation.
(13)
A list of all felony or misdemeanor convictions of the applicant
and/or any party that will have a financial interest or ownership
interest in the license or premises. This list shall include the dates,
locations and details of each such conviction.
(14)
A copy of the completed application form required by the PLCB
for the license.
(15)
Detailed information regarding the following operating details
for the premises:
(a)
Days of operation.
(b)
Hours of operation.
(c)
Seating capacity.
(d)
A detailed and scaled plan of the configuration of the premises,
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 deemed important.
(e)
Zoning district in which the premises is located.
(f)
Type of menu (breakfast, lunch or dinner).
(g)
General food and drink price range.
(h)
Date of approval of any required zoning relief.
(16)
A signed verification by the applicant and the owner of the
premises, if different from the applicant, that the facts set forth
in the application are true and correct to the applicant's and
owner's personal knowledge, information and belief; that any
false statements made therein subject to the applicant and owner to
possible arrest, fines and imprisonment; and the submission of false
information shall constitute grounds for denial for the application
and/or the City to seek revocation of the license.
(17)
Any other information deemed appropriate and relevant by the
Liquor License Coordinator.
C.
Fee. In order for any application to be accepted by the Liquor License
Coordinator as administratively complete, the applicant must submit
the nonrefundable application fee in the amount of $1,000 made payable
to the Harrisburg City Treasurer. This fee, which may be amended by
ordinance of the City Council, is to defray the City's expenses
related to public notice and public hearing requirements, legal, secretarial
and administrative functions, and investigative costs.
D.
Complete application. The Liquor License Coordinator shall review
the application for completeness in accordance with the requirements
of this chapter. If all required materials and information have not
been submitted, the Liquor License Coordinator 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 chapter which have not been met.
Upon receipt of any administratively complete application, including
the appropriate filing fee required by this chapter, the Liquor License
Coordinator shall request legislation to be drafted by the Law Bureau
for City Council action. Once a Council committee hearing has been
scheduled, the same will be advertised in one newspaper of general
circulation prior to the meeting, and the Coordinator shall conspicuously
post the premises in a manner consistent with the requirements of
the Municipalities Planning Code, 53 P.S. § 10101 et seq.,
as amended.
City Council shall conduct a public hearing/committee meeting to determine whether or not to approve the transfer of the liquor license into the City. Proceedings before City Council shall be in accordance with the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., as amended. In deciding whether approval of the application would adversely affect the welfare, health, peace, and morals of the City or its inhabitants, the City Council may consider, in addition to the information required by § 5-313.3 hereof, any or all of the following:
A.
A report and recommendation from the Mayor and the Chief of Police.
B.
The names of and information regarding other businesses in which
the applicant has an ownership interest.
C.
Any other issue or fact that may adversely affect the welfare, health,
peace and morals of the City or its residents and which is deemed
appropriate and relevant to the proceedings.
City Council shall take legislative action either approving
or denying the license transaction within 45 days of the filing of
an administratively complete application. City Council may approve
an application, approve an application subject to certain specified
conditions, or deny an application. A denial of an application shall
be based on a finding that the approval of the license transaction
would adversely affect the welfare, health, peace and morals of the
City or its residents. Any approval of an application under this chapter
shall be limited to the individual applicant, the premises, and the
type of establishment proposed. Any proposed change in ownership,
management, location, or type of establishment prior to approval of
the license transaction by the PLCB will require a new application
and City approval under this chapter. Failure of Council to act within
45 days will result in a deemed approval.
Any person who violates the provisions of this chapter shall be subjected to the general code penalty, § 1-301.99 of the Codified Ordinances.
