For purposes of this chapter, the following words shall have
the meaning set forth thereafter:
APPLICANT
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.
LICENSE
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.
OWNER
The person, corporation or other entity who or which is the
legally deeded owner of the premises.
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.
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. A report and recommendation from the Mayor and the Chief of Police.
B. The names of and information regarding other businesses in which
the applicant has an ownership interest.
C. 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.