[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.
- LICENSE TRANSACTION
- 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.
- LIQUOR LICENSE COORDINATOR
- 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.
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.
Contents. The request, at a minimum, shall include the following information:
The name, address and telephone number of the applicant.
The names, addresses, and telephone number of all parties who have, or propose to have, a financial interest or ownership interest in the establishment.
The proposed name under which the applicant intends to operate.
The location of the premises, including a legal description of the property, street address and telephone number, if any.
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.
The name, address and telephone number of the owner, if different from the applicant.
The current location of the license, if any, including the street address, telephone number and business name.
The name, address and telephone number of the current owner of the license, if any.
The PLCB license number for the license, if any.
The type of license, if any.
The date on which the applicant proposes to begin operations using the license.
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.
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.
A copy of the completed application form required by the PLCB for the license.
Detailed information regarding the following operating details for the premises:
Days of operation.
Hours of operation.
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.
Zoning district in which the premises is located.
Type of menu (breakfast, lunch or dinner).
General food and drink price range.
Date of approval of any required zoning relief.
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.
Any other information deemed appropriate and relevant by the Liquor License Coordinator.
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.
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 report and recommendation from the Mayor and the Chief of Police.
The names of and information regarding other businesses in which the applicant has an ownership interest.
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.