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Township of Potter, PA
Centre County
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Code
New Laws (2) Index
[HISTORY: Adopted by the Board of Supervisors of the Township of Potter as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-23-2002 by Ord. No. 3-2002; amended in its entirety 9-10-2018 by Ord. No. 5-2018]
A. 
All applicants for the location or relocation of a liquor license within the boundaries of Potter Township are required to submit a written application to the Township specifying the following information:
(1) 
The applicant's full name and address (for purpose of the application, "applicants" shall refer to every individual and/or corporation that will have an interest in the licensed establishment);
(2) 
The applicant's Pennsylvania Liquor Control Board License Number;
(3) 
The applicant's current business address;
(4) 
The names, addresses and telephone number of all parties having an ownership in the business in which the liquor license will be located;
(5) 
The name, address and telephone number of the owner(s) of the location at which the liquor license will be located;
(6) 
The address and a description of the property in which the applicant desires to relocate the liquor license;
(7) 
The names, addresses and tax parcel numbers of the proper owners of all adjoining properties to the proposed location of the liquor license within Potter Township;
(8) 
The date at which the applicant proposes to relocate the liquor license to Potter Township;
(9) 
A copy of the completed application required by the Pennsylvania Liquor Control Board including, but not limited to, the applicant's criminal history and any other Liquor Control Board violations;
(10) 
Number of existing liquor licenses maintained by the applicant; and
(11) 
A letter from the Township Zoning Administrator that the intended use and location satisfies the Township Zoning Ordinance (Chapter 220).
B. 
Incomplete applications shall result in the application being denied.
Upon receipt of a complete application and the appropriate filing fees, as set forth below, the Township will advertise the public hearing on the application.
A. 
Potter Township has established objective criteria for consideration by the Board of Supervisors in reaching a decision pursuant to the Pennsylvania Liquor License Law. The criteria to be considered by the Board of Supervisors in reaching its decision may include:
(1) 
Proximity to existing and proposed licensed liquor establishments. The location of a property line of the new or transferred license shall not be closer than 2,500 feet from the property line of an existing license or newly transferred license. This location requirement includes all classification of licenses.
(2) 
The number of existing liquor license establishments (all types).
(3) 
Traffic flow projections.
(4) 
Proximity of the proposed establishment to existing or proposed adult businesses (as defined by the Township Code of Ordinances). The new or transferred license may not be located within 2,500 feet of the property line of an existing adult business as defined by the Township's adult business ordinance, § 220-77.
(5) 
Concerns expressed by area residents and/or adjoining property owners.
(6) 
The population of the Township and the number of residents under the age of 21.
(7) 
The prior Liquor Law compliance history of the applicant.
(8) 
Whether the proposed location is in compliance with the Zoning Ordinance of the Township (Chapter 220)
(9) 
Any other issue or fact that may adversely affect the welfare, health, peace, and morals of the Township of Potter or its inhabitants.
A. 
Potter Township wishes to provide for the reimbursement of Potter Township for expenses incurred in the administration of applications and hearings for transfer of liquor licenses into Potter Township. In order for an application to be accepted by the Township, the applicant must submit an application fee to defray the cost of public notices, court stenographers, secretarial costs, fees paid to members of the governing board to conduct the hearing and administrative overhead. An additional fee may be charged if costs to the Township exceed the application fee. The application fee is nonrefundable.
(1) 
Initial application fee: as set by resolution of the Board of Supervisors
(2) 
Additional hearing days (as computed above): as set by resolution of the Township Board of Supervisors.
(3) 
All fees must accompany the application.
(4) 
The above-referenced fee schedule may be changed by resolution of the Potter Township Board of Supervisors.
A. 
The Township will conduct a hearing to determine whether to approve the transfer of the liquor license into Potter Township in compliance with the above-referenced Act 141 of 2000.[1] Any approval will be limited to the individual applicant, the applied for location, and the applied for establishment. Any change will require Township approval. The Township may also impose additional conditions.
[1]
Editor's Note: See 47 P.S. § 4-401 et seq.
B. 
A hearing shall be held no later than 45 days from the date of the filing of a completed application and the payment of the applicable filing fee.
The Board of Supervisors shall issue a written decision on the approval or disapproval of the license transfer within 30 days of the date of the hearing. The Township may impose conditions upon any approval which it deems in the best interests of the health, safety and welfare of the Township.