[Ord. 575, 5/2/1960, Section 1, 2 and 3{30}; Ord. 1086, 6/13/1984,
Section 1]
a.
ALCOHOLIC BEVERAGES
LIQUOR
MALT OR BREWED BEVERAGES
Definitions.
Liquor or malt or brewed beverages, as defined herein, or
both of them.
Includes spirituous, vinous, fermented or other alcoholic
beverages or combination of liquors and mixed liquors, a part of which
is spirituous, vinous, fermented or otherwise alcoholic, including
all drinks or drinkable liquids, preparations or mixtures and reused,
recovered or redistilled denatured alcohol usable for beverage purposes,
which contain more than of 1% of alcohol by volume.
Any beer, lager, lager beer, ale, porter or similar fermented
malt beverages containing 1/2 of 1% or more of alcohol by volume.
b.
Restrictions in Licensed Premises. It shall be unlawful for:
(1)
A minor (a person less than 21 years of age) to enter any premises
in the Municipality, licensed by the Pennsylvania Liquor Control Board
for the sale of malt or alcoholic beverages as a retail dispenser,
for the purpose of purchasing or having served or delivered to him
or her any malt or alcoholic beverage; or,
(2)
A minor to consume any malt or alcoholic beverage on premises licensed
as aforesaid for the sale of malt or alcoholic beverages, or to purchase,
attempt to purchase or have another purchase for him or her any malt
or alcoholic beverage; or,
(3)
Any adult to give or deliver, in and upon any such licensed premises,
any malt or alcoholic beverage to any minor.
c.
Duty of Licensees. Any licensee of any premises licensed aforesaid
for the sale of malt or alcoholic beverages within the Municipality
shall post a copy or a summary of this ordinance in a conspicuous
and visible place on said premises.
d.
Penalty for Violation of Regulations Applicable to Minors. Any person
who shall violate any of the provisions of this ordinance shall be
deemed and adjudged to be a disorderly person and, upon conviction
thereof before the District Magistrate{40}, shall be sentenced to
pay a fine of not less than $25 and not more than $100 for each and
every such violation and, upon default in the payment of said fine
or fines, shall be sentenced to serve not less than 10 days and not
more than 30 days.
[Ord. 1086, 6/13/1984, Section 1; amended by Ord. 1114, 10/10/1985,
Section 1; Ord. 1914, 12/15/2008, Section 4; Ord. 2066, 12/21/2015,
Section 3]
a.
Possession/Transportation of Open Containers of Alcoholic Beverages.
It shall be unlawful for any person to possess an open container of
alcoholic beverage in any public parking lot or public parking garage
within the Municipality, whether such person is on foot or is in or
on a vehicle, and whether such vehicle is moving or is stationary.
b.
Possession of Open Containers of Alcoholic Beverages. It shall be
unlawful for any person to possess an open container of alcoholic
beverage on any public street, public sidewalk, public alley or public
park within the Municipality, except for persons located within or
on a moving vehicle being operated on such street or alley. Possession
of an open container of alcoholic beverage by any person in or on
a vehicle parked on any public street or alley is unlawful.
c.
Penalty for Violation of the Open Container Provisions. Any person
who shall violate the provisions herein relating to open containers
of alcoholic beverage (presently Sections 305 and 306 of this chapter)
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $250 for the first offense; $500 for the second offense,
and not less than $1,000 for any subsequent offenses in any one-hundred-twenty-day
period plus the cost of prosecution or, in default of payment of such
fine and costs, to undergo imprisonment for not more than 30 days.
[Ord. 1660, 5/22/2001, Background, Section 1 — 5]{45}
The Borough of State College desires to provide criteria it
believes necessary to preserve the welfare, health, peace, and morals
of the municipality and its residents with regard to liquor licenses
proposed to be transferred into the Borough or to be issued in any
way pursuant to Senate Bill 1531, amending P.L. 90, No. 21, an act
relating to alcoholic beverages[1] including, but not limited to, the issuance of economic
development licenses and the transfer of liquor licenses into the
Borough of State College. To provide for responsible alcohol management
and the administration of applications made to the Borough pursuant
to the above-referenced state law pertaining to liquor licenses and,
further, in an effort to preserve the welfare, health, peace and morals
of the municipality and its residents, the Borough finds it necessary
to adopt criteria to be applied to such applications and fees to be
charged to applicants.
a.
Intent. The Borough of State College does hereby provide for the
administration of applications for transfer of liquor licenses within
the boundaries of the Borough and conduct hearings in compliance with
Pennsylvania law. The following requirements apply to all proposed
liquor license transfers:
(1)
Application for Approval of License Transfer. The applicant must
provide the following information:
(a)
The applicant's full name, home address, home telephone
number;
(b)
The applicant's Pennsylvania LCB license number;
(c)
The current business name, address, telephone number where the
liquor license proposed for transfer is located;
(d)
The business name, address, telephone number, where the liquor
license is proposed to be located within the Borough of State College;
(e)
The type of operation proposed (restaurant- R License) serving
malt and brewed beverages and other forms of alcohol, or an eating
establishment (E License) serving only malt and brewed beverages;
(f)
Information about the following operating details:
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Amusement Permit? Yes__ No__
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If yes, type of entertainment?
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Extended Hours Food Permit? Yes__ No__
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Sunday Sales Permit? Yes__ No__
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Days of operation?
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Hours of operation?
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Seating Capacity: At bar? ___ At tables and chairs? ___
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Characteristic of Neighborhood (within 500 feet):
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Residential _____ % Commercial _____% Rural _____%
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Restrictive Institutions (within 200 feet)? Yes___ No____
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Other Licenses (existing within 200 feet)? Yes____ No___
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Protesters? Yes___ No____
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Supporters? Yes___ No__
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Type of Menu? (Check applicable): Breakfast __ Lunch __ Dinner__
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Meal price range? _____________________
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(g)
The names, addresses, 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;
(h)
The owner of the property where the liquor license is proposed
to be located;
(i)
The names, addresses, telephone numbers of all property owners
of property fully or partially within 500 feet of the proposed license
location;
(j)
The date at which the applicant proposes to relocate the liquor
license to Borough of State College;
(k)
A copy of the completed application required by the Pennsylvania
LCB including the applicant's criminal history and liquor code
violations;
(l)
The names of other businesses with liquor licenses in Pennsylvania
County in which applicant has some interest or ownership;
(m)
The number of existing liquor licenses of all types within the
Borough of State College;
(n)
The population of the Borough of State College taken from the
latest federal census.
b.
Public Hearing Advertisement and Posting. Upon receipt of the application
and the appropriate filing fees, as required in 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 of State College.
c.
Council Action. In deciding whether the proposed transfer application
would adversely affect the welfare, health, peace, and morals of the
Borough of State College or its inhabitants, the Council of the Borough
of State College may consider, in addition to the information in Section
1.a, above, any or all of the following:
(1)
A report and recommendation from the Borough Manager and the Borough
Chief of Police;
(2)
The population of the Borough of State College, the number of students,
and the number of residents under the age of 21;
(3)
The total number of existing liquor licenses in the Borough and whether
the total number of existing liquor licenses exceeds one license per
3,000 population of the Borough (the quota established by the LCB);
(4)
The location of the closest existing licensed establishment (all
types of licenses), school, church, adult business, (as defined by
Borough ordinance), etc.
(5)
Concerns expressed by area residents, businesses, public interest
organizations, The Pennsylvania State University, the State College
Area School District;
(6)
The copy of the completed application required by the Pennsylvania
Liquor Control Board, and the applicant's complete criminal history;
(7)
The names of and information about other businesses in which the
applicant has some interest or ownership; and
(8)
Any other issue or fact that may adversely affect the welfare, health,
peace, and morals of the Borough of State College or its inhabitants.
d.
Application Fees. The Borough of State College wishes to provide
for the reimbursement of expenses incurred in the administration of
the applications and hearings for transfer of liquor licenses into
the Borough. 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, and administrative overhead. The
initial application fee will defray these costs up to and including
a maximum hearing of three hours. Each additional three hours of hearing,
or any part thereof, will constitute an additional hearing day with
the resulting additional fees as set forth below:
(1)
Initial Application Fee: $800.
(2)
Fee for additional hearing day: $600.
(3)
In addition to the application fee and additional hearing fees set
forth above, if the applicant requests a stenographic record, all
costs for providing a stenographic record, including appearance fees,
will be the responsibility of the applicant.
(4)
All fees must accompany the application and are non-refundable.
(5)
The above-referenced fee schedule may be changed by resolution of
the Borough of State College Council.
e.
Hearing. Council will conduct a hearing to determine whether or not
to approve the transfer of the liquor license into the Borough. 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. The Borough may also impose
additional conditions.
