[Ord. 137, 7/5/2005]
Any person, corporation or other entity seeking Township approval
for an intermunicipal transfer of a liquor license under the Pennsylvania
Liquor Code, 47 P.S. § 4-461 et seq., as amended, shall
comply with the requirements of this Part.
[Ord. 137, 7/5/2005]
In order for any application to be accepted by the Township
as administratively complete, the applicant must submit an application
fee to defray the Township's expenses related to the public notices,
public hearing requirements, secretarial and administrative functions,
and investigative costs. The required application fee shall be established
from time to time by resolution of the Board of Supervisors.
[Ord. 137, 7/5/2005; as amended by Ord. 167, 12/6/2011, § 1]
Upon receipt of an administratively complete application, including
the appropriate fee(s) required by this Part, the Township shall schedule
a public hearing. The Township shall advertise a public notice for
the hearing at least once each week for two successive weeks prior
to the hearing date in a newspaper of general circulation in the Township.
The first publication shall not be more than 30 days, and the second
publication shall not be less than seven days, from the date of the
hearing. The Township shall also conspicuously post the property identified
as the location of the proposed liquor license in a manner consistent
with the requirements of the Municipalities Planning Code, 53 P.S.
10101 et seq., as amended, for the posting of a property for a proposed
re-zoning.
[Ord. 137, 7/5/2005]
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace, and morals of the Township or its inhabitants, the Board of Supervisors may consider, in addition to the information required by §
13-602 hereof, any or all of the following:
A. A report and recommendation from the Township Secretary and the Responsible
Police Department.
B. The population of the Township, and the number of residents under
the age of 21.
C. The proximity of the proposed licensed establishment to existing
licensed establishments (all types of licenses), schools, churches,
adult businesses, and other relevant uses.
D. The concerns expressed by area residents, businesses, public interest
organizations, and the Deer Lakes School District.
E. A copy of the completed application required by the PLCB, and the
applicant's complete criminal history.
F. The names of and information regarding other businesses in which
the applicant has an ownership interest.
G. Any other issue or fact that may adversely affect the welfare, health,
peace, and morals of the Township or its inhabitants and which the
Board of Supervisors deems appropriate and relevant to the proceedings.
[Ord. 137, 7/5/2005]
The Board of Supervisors shall conduct a public hearing to determine
whether or not to approve the transfer of the liquor license into
the Township. Proceedings before the Board of Supervisors shall be
in accordance with §§ 551-555 of the Local Agency Law,
2 Pa.C.S.A. §§ 551-555, as amended.
[Ord. 137, 7/5/2005; as amended by Ord. 167, 12/6/2011, § 2]
The Board of Supervisors shall render a decision by resolution
either approving or denying the transfer of the liquor license within
45 days of the filing of an administratively complete application.
The Board of Supervisors may: (1) approve an application; (2) approve
an application subject to certain specified conditions; or (3) deny
an application. A denial of an application shall be based on a finding
that the proposed transfer would adversely affect the welfare, health,
peace and morals of the Township or its residents. Any approval of
an application under this Part shall be limited to the individual
applicant, the proposed transfer location, and the type of establishment
proposed. Any proposed change in ownership, location, or type of establishment
will require a new application and Township approval.