Borough of Parkside, PA Chapter 44 Alcoholic Beverages

[HISTORY: Adopted by the Borough Council of the Borough of Parkside as indicated in article histories. Amendments noted where applicable.]

Article I Transfer of Liquor Licenses

[Adopted 12-18-2002 by Ord. No. 422]

§ 44-1 Purpose.

The Borough of Parkside desires to provide criteria it believes necessary to preserve the welfare, health, peace and morals of the Borough and its residents with regard to liquor licenses proposed to be transferred into the Borough or to be issued in any way pursuant to Act 141 of 2000 and Act 10 of 2002[1] relating to alcoholic beverages including the transfer of liquor licenses into the Borough. To provide for responsible alcohol management and the administration of applications made to the Borough pursuant to the above-referenced state law pertaining to liquor licenses and, further, in an effort to preserve the welfare, health, peace and morals of the Borough and its residents, the Borough finds it necessary to adopt criteria to be applied to such applications and fees to be charged to applicants.

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

§ 44-2 Intent.

The Borough does hereby provide for the administration of applications for transfer of liquor licenses from outside the Borough into the Borough and the conduct of hearings in compliance with Pennsylvania law. The following requirements apply to all such proposed liquor licenses transfers. Application for approval of license transfer; the applicant must provide the following information:

A. The applicant's full name, home address, home telephone number;

B. The applicant's Pennsylvania LCB license number;

C. The current business name, address, telephone number, where the liquor license proposed for transfer is located;

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

E. The type of operation proposed (restaurant - R license) serving malt and brewed beverages and other forms of alcohol, or an eating establishment (E license) serving only malt and brewed beverages;

F. Information about the following operation details:

(1) Amusement permit? Yes_____ No_____

If yes, type of entertainment?

(2) Extended hours food permit? Yes_____ No_____

(3) Sunday sales permit? Yes_____ No_____

(4) Days of operation?

(5) Hours of operation?

(6) Seating capacity: At bar?_____ At tables with chairs?_____

(7) Characteristics of neighborhood (within 500 feet).

Residential_____% Commercial_____% Indus_____%

(8) Restrictive institutions (within 300 feet))? Yes_____ No_____

(9) Other licenses (existing within 200 feet)? Yes_____ No_____

(10) Protesters? Yes_____ No_____

(11) Supporters? Yes_____ No_____

(12) Type of menu? (Check applicable)

Breakfast_____ Lunch_____ Dinner_____

(13) Meal price range?

(14) Estimated percentage of alcohol sales to total sales_____%

(15) National chain affiliation? Yes_____ No_____

G. The names, addresses, telephones 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;

H. The owner of the property where the liquor license is proposed to be located;

I. The names, addresses, telephone numbers of all property owners of property fully or partially within 500 feet of the proposed license location;

J. The date at which the applicant proposes to relocate the liquor license to the Borough;

K. A copy of the completed application required by the Pennsylvania LCB including the applicant's criminal history and liquor code violations;

L. The names of other businesses with liquor licenses in Pennsylvania in which applicant has some interest or ownership;

M. The number of existing liquor licenses of all types within the Township; and

N. The population of the Borough taken from the latest federal census.

§ 44-3 Public hearing advertisement and posting.

Upon receipt of the application and the appropriate filing fees, as required in this article, the Borough will conspicuously post the property identified as the location of the proposed liquor license in a manner consistent with the requirements for posting property for rezoning. The Borough will advertise the date, time, and place of a public hearing to be conducted by the Borough Council of Parkside Borough.

§ 44-4 Council action.

The Borough Council of Parkside Borough may consider in addition:

A. A report and recommendation from the Borough Chief of Police;

B. The population of the Borough, the number of residents under the age of 21;

C. The total number of existing liquor licenses in the Borough and whether the total number of existing liquor licenses exceeds one license per 3,000 population of the Borough (the quota established by the LCB);

D. The location of the closest existing licensed establishment (all types of licenses), school, church, adult business, (as defined by Borough ordinance), etc.;

E. Concerns expressed by area residents, businesses, public interest organizations and the Penn Delco School District;

F. The copy of the completed application required by the Pennsylvania Liquor Control Board, and the applicant's complete criminal history;

G. The name of and information about other businesses in which the applicant has some interest or ownership; and

H. Any other issue or fact that may adversely affect the welfare, health, peace and morals of the Borough or its residents.

§ 44-5 Application fees.

The Borough wishes to provide for the reimbursement of expenses incurred in the administration of the applications and hearings for transfer of liquor licenses into the Borough. In order for any application to be accepted by the Borough, the applicant must submit an application fee to defray the cost of public notices, secretarial costs, and administrative overhead. The initial application fee will defray these costs up to and including a maximum hearing of three hours. Each additional three hours of hearing, or any part thereof, will constitute an additional hearing day with the resulting additional fees as set forth below:

A. Initial application fee: $800.

B. Fee for additional hearing day: $600.

C. In addition to the application fee and additional hearing fees set forth above, if the applicant requests a stenographic record, all costs for providing a stenographic record, including appearance fees, will be the responsibility of the applicant.

D. All fees must accompany the application and are nonrefundable.

E. The above-referenced fee schedule may be changed by resolution of the Borough.

§ 44-6 Hearing.

The Council will conduct a hearing to determine whether or not to approve the transfer of the liquor license into the Borough. Any approval will 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. The Borough may also impose additional conditions.