[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-2015 by Ord. No. 2939]
A. 
Any applicant seeking the intermunicipal transfer of a liquor license shall fill out the Borough's application form, which shall be available at the Borough offices, and which shall contain a request for the following information:
(1) 
Applicant name, address, telephone number, fax number, and e-mail address;
(2) 
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;
(3) 
The proposed location of the license to be transferred;
(4) 
The current business name, address, and telephone number where the liquor license proposed for transfer is located;
(5) 
The owner of the property where the liquor license is proposed to be located;
(6) 
The name of the establishment sought to be licensed;
(7) 
The applicant's Pennsylvania Liquor Control Board (PLCB) license number;
(8) 
The date at which the applicant proposes to relocate the liquor license to the Borough;
(9) 
The type of license proposed to be transferred;
(10) 
Other locations owned or operated by the applicant which currently hold liquor licenses, including the name, address, and license number of these establishments;
(11) 
The names, addresses, and telephone numbers of all owners of property fully or partially within 500 feet of the proposed license location;
(12) 
Information as to whether or not the applicant has ever been cited with liquor law violations;
(13) 
A copy of the completed application required by the PLCB, including the applicant's criminal history and any liquor code violations;
(14) 
The name, address and distance from the proposed licensed premises of:
(a) 
The nearest licensed establishments;
(b) 
Nearest school;
(c) 
Nearest park;
(d) 
Nearest church; and
(e) 
Nearest private recreation or amusement facility;
(15) 
Information about the following operating details:
(a) 
Amusement permit;
(b) 
Extended hours food permit;
(c) 
Sunday sales permit;
(d) 
Days of operation;
(e) 
Hours of operation;
(f) 
Seating capacity;
(g) 
Characteristics of the neighborhood;
(h) 
Type of menu for breakfast, lunch and dinner; and
(i) 
Meal price range;
(16) 
A list of the existing licenses in the Borough which are inactive, in safekeeping and/or for sale, including the name, address, and telephone number of the contact person for each;
(17) 
The number of existing liquor licenses of all types within the Borough;
(18) 
The population of the Borough taken from the latest federal census;
(19) 
A 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 an acknowledgment that submission of false information may constitute grounds for revocation of the liquor license; and
(20) 
Any other information deemed appropriate by the Borough Manager.
B. 
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.
C. 
The Borough Manager shall review the application for completeness in accordance with the requirements of this section. If all required materials and information has 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 that the specific requirements of this section have not been met.
Upon receipt of an administratively complete application, and the appropriate filing fee required by this article, 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 rezoning. The Borough will advertise the date, time and place of a public hearing to be conducted by Borough Council.
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace and morals of the Borough or its inhabitants, Borough Council may consider, in addition to the information required in § 109-1 of this article, any or all of the following:
A. 
A report and recommendation from the Borough Manager and the Chief of Police;
B. 
The population of the Borough, 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), as well as to schools, churches, adults businesses and other relevant uses;
D. 
Concerns expressed by area residents, businesses, public interest organizations, and the Wilkinsburg Area 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; and
G. 
Any other issue or fact that may adversely affect the welfare, health, peace and morals of the Borough or its inhabitants.
In order for any application to be accepted by the Borough, the applicant must submit an application fee to help 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.
Borough Council will conduct a 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 the Local Agency Law, 2 Pa.C.S.A. §§ 551 through 555.
A. 
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.
B. 
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.
If any provision of this article or the application thereof to any person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared severable.