Borough of Emsworth, PA Chapter 65 Alcoholic Beverages

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

Article I Liquor License Transfer Procedures

[Adopted 5-13-2009 by Ord. No. 964]

§ 65-1 Procedures established.

The following procedures will be followed in adhering to the requirements of Act 141 of the Liquor Code relating to an application for intermunicipal transfers and economic development liquor licenses.

§ 65-2 Application requirements.

Any applicant seeking an intermunicipal transfer or economic development license shall fill out the Borough's application form which shall be available at the Borough office and shall contain a request for the following information:

A. Applicant name; address; telephone number; fax number; e-mail address.

B. Proposed location of the license to be transferred.

C. The name of the establishment sought to be licensed.

D. Type of license proposed to be transferred.

E. Current use of the proposed location.

F. Current zoning of the proposed location.

G. Proposed changes to use (if any).

H. Other locations owned or operated by the applicant which currently hold liquor licenses, including name, address and license number of these establishments.

I. Whether applicant has ever been cited with liquor law violations.

J. Name, address and distance from proposed licensed premises of:

(1) Nearest licensed establishment.

(2) Nearest school.

(3) Nearest park.

(4) Nearest church.

(5) Nearest private recreation or amusement facility.

K. List of existing licenses in Emsworth Borough which are inactive, in safekeeping and/or for sale, including name, address and telephone number of contact person for each.

L. Certification by the applicant that the information contained in the application is true and correct; that the presentation of false information shall subject the applicant to possible arrest, fines, and imprisonment; and acknowledgment that submission of false information may constitute grounds for revocation of the liquor license.

§ 65-3 Public hearing and transcript required.

The Borough shall hold a public hearing in conformity with Act 141 of the Liquor Code, and at the public hearing a court reporter shall be present to make a transcript of the hearing, after due advertisement.

§ 65-4 Application fee; deposit.

There shall be a nonrefundable fee accompanying the application in the amount of $300 or such other amount as set by fee ordinance, payable by the applicant to the Borough at the time the application is filed. The applicant shall also bear the responsibility of the advertising costs payable upon demand of the Borough. A deposit for advertising and stenographic costs in the amount of $200 shall be made at the time of application. If the Borough's expenses exceed the sum initially deposited then the applicant shall reimburse the Borough, upon presentation of an invoice, for said costs. If the Borough's expenses do not exceed the sums deposited by the applicant, then the applicant shall be entitled to a refund of the balance.

§ 65-5 Right to post property.

The Borough shall have the right to post the property upon which the liquor license is sought but shall not be required to do so.