[Ord. 995, 12/10/2003]
Any person, corporation or other entity seeking Borough approval
for an inter-municipal 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. 995, 12/10/2003]
In order for any application to be accepted by the Borough as
administratively complete, the applicant must submit an application
fee to defray the Borough'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 Borough Council.
[Ord. 995, 12/10/2003]
Upon receipt of an administratively complete application, including
the appropriate filing fee required by this Part, the Borough shall
schedule a public hearing. The Borough shall advertise a public notice
for the hearing at least one week prior to the hearing date in a newspaper
of general circulation in the Borough. The Borough 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., for the posting of a property
for a proposed re-zoning.
[Ord. 995, 12/10/2003]
Borough Council shall conduct a public hearing to determine
whether or not to approve the transfer of the liquor license into
the Borough. Proceedings before Borough Council shall be in accordance
with §§ 551-555 of the Local Agency Law, 2 Pa.C.S.A.
§§ 551-555.
[Ord. 995, 12/10/2003]
Borough Council shall render a written decision either approving
or denying the transfer of the liquor license within 45 days of the
filing of an administratively complete application. Borough Council
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
Borough 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 Borough approval.