Borough of Kutztown, PA Article II Intermunicipal Liquor License Transfers and Economic Development Liquor Licenses

[Adopted 4-17-2001 by Res. No. 7-2001]

§ 62-7 Administration of applications.

The following procedures will be followed in the administration of applications pursuant to the requirements of Act 141 of 2000[1] relating to applications for intermunicipal liquor license transfers and economic development liquor licenses:

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

§ 62-8 Application form requirements.

Any applicant seeking an intermunicipal liquor license transfer or economic development liquor license shall complete the Borough's application form, which shall be available at the Borough Code Office 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;

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

E. The type of license proposed to be transferred;

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. The date at which the applicant proposed to relocate the liquor license to the Borough of Kutztown;

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

J. Whether the applicant has ever been cited with liquor law violations;

K. 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 and/or entertainment;

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

M. 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.

§ 62-9 Form to be filed with Borough Code Office.

The form of the application for a public hearing shall be filed with the Borough Code Office by any person or entity requesting an intermunicipal license transfer or economic transfer license before the Council of the Borough of Kutztown.

§ 62-10 Application fee; additional charges.

The Borough of Kutztown wishes to provide for the reimbursement of expenses incurred in the administration of the applications and hearings for the transfer of liquor licenses into the Borough of Kutztown. In order for an application to be accepted by the Borough Code Office, the applicant must submit an application fee in the amount of $500, payable to the Borough, to defray the cost of the public notices, stenographic appearance fee, secretarial fees, and administrative fees. The applicant will be responsible for any charges over and above $500 for costs that the Borough incurs relative to conducting the public hearing in conformity with Act 141 of 2000. Upon the payment of the Borough of all allowable costs associated with the public hearing, any unused portion of the fee/deposit shall be returned to the applicant.

§ 62-11 Public and written notices.

Public notice shall be given and written notice shall be given to the applicant, the Borough Code Office, the Borough Planning Commission, the Borough Chief of Police, adjacent property owners (including those owners of property directly across a street or alley from the subject property), the governing body and the Solicitor of the borough. Such written notice shall be given not less than 10 days prior to the scheduled public hearing by first class United States mail with postage paid. The Borough shall have the right to post the property upon which the liquor license is sought to be transferred, but shall not be required to do so.

§ 62-12 Factors affecting application approval.

The Borough, 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 Borough Code Office, the Borough Planning Commission and the Borough Chief of Police;

B. The population of the Borough of Kutztown, the number of students attending Kutztown University, and the number of such students residing in the Borough of Kutztown;

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

D. The number of the liquor licenses approved and proposed for use within the Borough of Kutztown at the time of the application;

E. Whether the total number of existing liquor licenses will exceed the ratio of one license per 3,000 population in the Borough of Kutztown (as established by the Pennsylvania Liquor Control Board);

F. The location of the closest existing liquor license, school, park, church, and private recreation or amusement facility;

G. The concerns, if any, expressed by the area residents, businesses, churches, Kutztown University, and the Kutztown Area School District; and

H. Any other factors the Council of the Borough of Kutztown believes are necessary to preserve the welfare, health, peace and morals of the Borough.

§ 62-13 Public hearing.

The public hearing will be held in conformity with Act 141 of 2000 and a stenographer shall be present to make a transcript of the hearing.