[Ord. 845, 2/11/2001, § 1]
When the total number of existing restaurant and liquor licenses
and eating place retail dispensing licenses exceeds one license per
3,000 inhabitants, the person seeking the transfer of a liquor license
or the issuance of an economic development license in the Town of
Bloomsburg shall file with the Town of Bloomsburg an application in
a form to be designated by the Town of Bloomsburg and to pay a fee
in an amount established, from time to time, by the Town Council of
the Town of Bloomsburg. The fee shall include, but not be limited
to, notice and advertising costs and the charges of a court reported
for a hearing.
[Ord. 845, 2/11/2001, § 2]
1.
Upon receipt of the application and the appropriate filing fees as
required in this Part, the Town shall establish a hearing date and
provide notice as follows:
A.
By advertising the date, time and location of the hearing in a paper
of general circulation in the Town of Bloomsburg twice, with the first
advertisement taking place not more than 30 days prior to the date
of the hearing and the second advertisement taking place not less
seven days prior to the date of the hearing.
B.
By notice sent by certified mail to the applicant, at the address
set forth in the application, no less than 30 days prior to the hearing.
C.
By notice sent by regular mail to property owners within 500 feet
of the premises which is the subject matter of the application, no
less than 30 days prior to the hearing date. The applicant shall furnish
the names and addresses of such property owners with the application.
D.
By posting a notice of the hearing on the property which is the subject
of the application no less than 30 days prior to the hearing.
2.
The cost of advertising, mailing and posting shall be included in
the application fee as set forth above.
[Ord. 845, 2/11/2002, § 3]
The hearing on the application shall be held before the Town
Council of the Town of Bloomsburg and shall be governed by the Local
Agency Act.
[Ord. 845, 2/11/2002, § 4]
The Town Council of the Town of Bloomsburg, in determining whether
a liquor license will be transferred or whether a license for economic
development should be issued, shall consider the following and make
findings of fact relating thereto:
A.
The criminal history, if any, of the applicant. If the applicant
is a corporation or partnership, the criminal history of all its principals.
B.
Liquor law violations of the applicant. If the applicant is a corporation
or partnership, the history of liquor code violations of all of its
principals.
C.
Other business interests of the applicant. If the applicant is a
corporation or partnership, the other business interest of all of
its principals.
D.
The population of the Town of Bloomsburg, including a breakdown of
the number of student residents and non-student residents and the
number of residents under the age of 21.
E.
The number of liquor licenses of all types existing within the Town
of Bloomsburg, the clientele of such establishments and whether the
number of liquor licenses exceeds existing quotas.
F.
The recommendation of the Chief of Police of the Town of Bloomsburg,
the Code Enforcement Officer of the Town of Bloomsburg and the Administrator
of the Town of Bloomsburg.
G.
How the transfer or issuance of a license will be in the best interests
of the residents of the Town of Bloomsburg.
H.
Any other evidence relevant to the effect of the liquor license on
the welfare, health, peace, safety and morals of the Town of Bloomsburg
and its residents.
I.
Recommendations of interested individuals residing within the Town
concerning the applicant's intent to transfer a liquor license into
the Town or to acquire an economic development license.
[Ord. 845, 2/11/2001, § 5]
Within 45 days from a request for approval, the Town Council
shall render a decision to approve or disapprove the applicant's request
for transfer of a license or the issuance of an economic development
license. The decision shall be in writing and mailed to the applicant
who shall have the right to appeal to the Court of Common Pleas as
permitted by the Local Agency Act.
