Any person, corporation or other entity seeking
Borough approval for an intermunicipal transfer of a liquor license
under the Pennsylvania Liquor Code, 47 P.S. § 4-461 et seq.,
as amended, shall comply with the requirements of this chapter.
In order for any application to be accepted
by the Borough as administratively complete, the applicant must submit
an application fee to defray the Borough’s expenses related
to the public notices, public hearing requirements, secretarial and
administrative functions, and investigative costs. The required application
fee shall be established from time to time by resolution of Borough
Council.
[Amended 6-23-2014 by Ord. No. 1624]
Upon receipt of an administratively complete application, including
the appropriate filing fee required by this chapter, the Borough shall
schedule a public hearing. The Borough shall provide public notice
for the public hearing as is defined by Section 1-102 of the Pennsylvania
Liquor Code, which states that "[p]ublic notice shall mean notice published
once each week for two successive weeks in a newspaper of general
circulation in the municipality. Such notice shall state the time
and place of the hearing and the particular matter to be considered
at the hearing. The first publication shall not be more than 30 days,
and the second publication shall not be less than seven days, from
the date of the hearing."
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace, and morals of the Borough or its inhabitants, the Council of the Borough may consider, in addition to the information required by §
134-2 hereof, any or all of the following:
A. A report and recommendation from the Borough Manager
and the Borough Police Chief.
B. The population of the Borough, and the number of residents
under the age of 21.
C. The proximity of the proposed licensed establishment
to existing licensed establishments (all types of licenses), schools,
churches, adult businesses, and other relevant uses.
D. The concerns expressed by area residents, businesses,
public interest organizations, and the Carlynton School District.
[Amended 6-23-2014 by Ord. No. 1624]
E. A copy of the completed application required by the
PLCB, and the applicant’s complete criminal history.
F. The names of and information regarding other businesses
in which the applicant has an ownership interest.
G. Any other issue or fact that may adversely affect
the welfare, health, peace, and morals of the Borough or its inhabitants
and which the Borough Council deems appropriate and relevant to the
proceedings.
Borough Council shall conduct a public hearing
to determine whether or not to approve the transfer of the liquor
license into the Borough. Proceedings before the Borough Council shall
be in accordance with Sections 551 to 555 of the Local Agency Law,
2 Pa.C.S.A. §§ 551 to 555, as amended.
Borough Council shall render a written decision
either approving or denying the transfer of the liquor license within
45 days of the filing of an administratively complete application.
Borough 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 proposed
transfer would adversely affect the welfare, health, peace and morals
of the Borough or its residents. Any approval of an application under
this chapter shall be limited to the individual applicant, the proposed
transfer location, and the type of establishment proposed. Any proposed
change in ownership, location, or type of establishment will require
a new application and Borough approval.