[HISTORY: Adopted by the Board of Commissioners
of the Township of Radnor as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 190.
[Adopted 7-20-1992 by Ord. No. 92-13]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
Property not owned or leased by those persons engaged in
the possession, consumption or transportation of any alcoholic beverage.
Any public sidewalk, street, lane, highway, building, parking
area, park or recreation area or other property open for the use of
the public.
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,[1] 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.
[1]
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:
A.
Name, home address, and home phone number of applicant.
B.
Name and home address of any other individuals who
have, or propose to have, a financial interest or ownership in the
business.
C.
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.
D.
Business name, address, and phone number where the
license will be located within the Township.
E.
Owner of the property where the license is to be located.
F.
Nature of the business and type of license to be transferred.
G.
Copy of the completed application required by the
Pennsylvania Liquor Control Board, including the applicant's criminal
history and any liquor code violations.
H.
Plot plan drawn to scale illustrating:
(1)
Width, depth and lot area of the property.
(2)
Zoning classification of all property within a five-hundred-foot
radius of the property, including a description of the land use of
each district.
(3)
Location and use of all buildings and structures on
the property.
(4)
Number and location of off-street parking spaces,
including means of ingress and egress.
I.
Name and address of existing liquor licenses within
200 feet.
J.
Location of any church, hospital, school, charitable
institution, if known, or public playground within 300 feet.
K.
Business plan to include the following information:
(1)
Hours and days of operation.
(2)
Interior floor plan, including total seating capacity
and location of kitchens and restrooms.
(3)
Type of entertainment, if proposed.
(4)
Number of employees, including number on the maximum
shift of employment.
(5)
Type of menu, including price range.
(6)
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:
B.
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.
C.
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.
D.
By posting notice of said hearing in a conspicuous
location on the property at least one week prior to the hearing.
E.
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:
B.
Number and nature of police incident reports over
the past 12 months at the location where the license will be located.
C.
Any other business with a liquor license in which
the applicant has ownership or a financial interest.
D.
Reports and recommendations from the Township Manager,
Solicitor and staff.
E.
The total number of liquor licenses in the Township.
F.
The closest location of any existing liquor license.
G.
Proximity to any church, hospital, school, charitable
organization, if known, public playground or other institution.
H.
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.
I.
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.
