[Adopted 10-16-2002 by Ord. No. 1073]
Any applicant who desires to purchase a liquor license and then
transfer it into the Township of North Huntingdon or acquire a liquor
license for economic development must first submit to the Township
of North Huntingdon (the receiving Township) a request for approval
of the intermunicipal transfer of the license or issuance of an economic
development license.
Said request shall be accompanied with an application fee in
the amount as set from time to time by resolution of the Board of
Commissioners; a copy of said application is attached hereto marked Exhibit
No. A and made part of this article.
Said application must be received at least 30 days prior to
any public hearing held by the Township for review and comment on
said transfer or issuance.
Appended to the application shall be a complete and executed
copy of the Pennsylvania Liquor Control Board Application submitted
to the Pennsylvania Liquor Control Board, which application shall
be made part of the review by the Township.
The Township of North Huntingdon shall hold at least one public
hearing pursuant to public notice concerning the request for approval
and, within 45 days of a request for approval, render a decision by
resolution to approve or disapprove the applicant's request for intermunicipal
transfer of a liquor license or the issuance of a license for economic
development, as more fully set forth below:
A. A public hearing shall be held, which hearing shall be advertised
once in a newspaper of general circulation in the Township, not less
than 24 hours before the hearing.
B. At the hearing, the Board of Commissioners shall preside and shall
receive comments and recommendations from all interested parties residing
in the Township, as well as receive comments and recommendations from
Township staff members and employees assigned to report on the proposed
transfer.
C. The burden of persuasion shall be with the applicant who shall appear
in order to answer questions and provide any necessary information.
Failure of the applicant to appear will be deemed reason to deny the
application.
D. A stenographic record of the proceeding shall be made and the cost
of the transcript of said record shall be borne by the applicant.
Failure to pay the costs shall be grounds for denial of the application.
E. Any misstatement or misrepresentation of the facts contained in the
application or of facts made to the Board by the applicant or any
representative acting on his or her behalf at the time of the hearing
shall constitute grounds for the revocation of the Board's approval
of the transfer. The Township shall notify the applicant of any such
revocation by regular mail to the address listed on the application.
The Township shall approve the request unless it finds that
in doing so would adversely affect the welfare, health, peace and
morals of the Township or its residents.
A decision by the Township of North Huntingdon to deny the request
may be appealed to the Court of Common Pleas in the county in which
the Township is located.