[Ord. 933, 7/16/2003, § 1]
1.
Any applicant seeking an intermunicipal transfer license shall fill
out the Borough's application form which shall be available at
the Borough and shall contain a request for the following information:
A.
Applicant name; address; telephone number; fax number; and e-mail
address.
B.
The names, addresses, and telephone numbers of all parties who have
or propose to have, a financial interest or ownership in the business
where the proposed liquor license will be located.
C.
Proposed location of the license to be transferred.
D.
The current business name, address, and telephone number where the
liquor license proposed for transfer is located.
E.
The owner of the property where the liquor license is proposed to
be located.
F.
The name of the establishment sought to be licensed.
G.
The applicant's Pennsylvania Liquor Control Board ("PLCB") license
number.
H.
The date at which the applicant proposes to relocate the liquor license
to Borough.
I.
Type of license proposed to be transferred.
J.
Other locations owned or operated by the applicant which currently
hold liquor licenses, including name, address and license number of
these establishments.
K.
The names, addresses, and telephone numbers of all owners of property
fully or partially within 500 feet of the proposed license location.
L.
Whether applicant has ever been cited with liquor law violations.
M.
A copy of the completed application required by the PLCB including
the applicant's criminal history and liquor code violations.
O.
Information about the following operating details:
P.
List of existing licenses in the Borough which are inactive, in safekeeping
and/or for sale, including name, address and telephone number of contact
person for each.
Q.
The population of the Borough taken from the latest federal census.
R.
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.
S.
Any other information deemed appropriate by the Borough Manager.
T.
The number of existing liquor licenses of all types within the Borough.
U.
All distances under this section shall be measured from the proposed
license area to the zoning lot boundaries of the other use or property
in question.
2.
The Borough Manager shall review the application for completeness
in accordance with the requirements of this section. If all required
materials and information have not been submitted, the Borough Manager
shall reject the application as being administratively incomplete
and shall notify the applicant, in writing, citing the specific deficiencies
and the specific requirements of this section which have not been
met.
[Ord. 933, 7/16/2003, § 2]
Upon receipt of an administratively complete application and
the appropriate filing fee required by this ordinance, the Borough
will conspicuously post the property identified as the location of
the proposed liquor license in a manner consistent with the requirements
for posting a property for re-zoning. The Borough will advertise the
date, time, and place of a public hearing to be conducted by the Council
of the Borough.
[Ord. 933, 6/17/2003, § 3]
1.
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace, and morals of the Borough or its inhabitants, the Council of the Borough may consider, in addition to the information required by § 13-501, any or all of the following:
A.
A report and recommendation from the Borough Manager and the Borough
Chief of Police.
B.
The population of the Borough, and the number of residents under
the age of 21.
C.
Proximity of the proposed licensed establishment to existing licensed
establishments (all types of licenses), schools, churches, adult businesses,
and other relevant uses.
D.
Concerns expressed by area residents, businesses, public interest
organizations, and the Woodland Hills 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 about 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 Borough or its inhabitants.
[Ord. 933, 6/17/2003, § 4]
In order for any application to be accepted by the Borough,
the applicant must submit an application fee to defray the cost of
public notices, secretarial costs, investigative costs and administrative
overhead. The required application fee shall be established by resolution
of Borough Council.
[Ord. 933, 6/17/2003, § 5]
Borough Council will conduct a hearing to determine whether
or not to approve the transfer of the liquor license into the Borough.
Proceedings before the Borough Council shall be in accordance with
§§ 551-555 of the Local Agency Law, 2 Pa.C.S.A. §§ 551-555.
[Ord. 933, 6/17/2003, § 6]
Borough Council shall render a decision either approving or
denying the transfer of the liquor license within 45 days of the filing
of an administratively complete application. Denial 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.
Borough Council may also impose additional conditions on any approval.
Any approval will 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.
