[Ord. No. 06-14-2005,
6/14/2005, § 1]
When the total number of existing restaurant liquor licenses
and eating place retail dispensing licenses exceeds one license per
3,000 inhabitants, the person seeking the transfer of a liquor license
or the issuance of an economic development license in Hemlock Township
shall file with Hemlock Township an application in a form to be designated
by Hemlock Township and to pay a fee in an amount as established from
time to time by resolution of the Board of Supervisors of Hemlock
Township. The fee shall include, but not be limited to, notice and
advertising costs and the charges of a court reporter for a hearing.
[Ord. No. 06-14-2005,
6/14/2005, § 2]
1. Upon receipt of the application and the appropriate filing fee as
required in this Part, the Township shall establish a hearing date
and provide notice as follows:
A. By advertising the date, time, and location of the hearing in a paper
of general circulation in Hemlock Township twice, with the first advertisement
taking place not more than 30 days prior to the date of the hearing
and the second advertisement taking place not less than seven days
prior to the date of the hearing.
B. By notice sent by certified mail to the applicant, at the address
set forth in the application, no less than 15 days prior to the date
of the hearing.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
C. By notice sent by regular mail to property owners within 500 feet
of the premises which is the subject matter of the application, no
less than 15 days prior to the date of the hearing. The applicant
shall furnish the names and addresses of such property owners with
the application.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
D. By posting a notice of the hearing on the property which is the subject
of the application no less than 15 days prior to the date of the hearing.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
2. The cost of advertising, mailing, and posting shall be included in
the application fee as set forth above.
[Ord. No. 06-14-2005,
6/14/2005, § 3]
The hearing on the application shall be held before the Board
of Supervisors of Hemlock Township and shall be governed by the Local
Agency Law, 2 Pa.C.S.A. § 751 et seq.
[Ord. No. 06-14-2005,
6/14/2005, § 4]
1. The Board of Supervisors of Hemlock Township, in determining whether
a liquor license will be transferred or whether a license for economic
development should be issued, shall consider the following and make
findings of fact relating thereto:
A. The criminal history, if any, of the applicant. If the applicant
is a corporation or partnership, the criminal history of all of its
principals.
B. Liquor Law Violations of the Applicant. If the applicant is a corporation
or partnership, the history of Liquor Code violations of all of its
principals.
C. Other Business Interests of the Applicant. If the applicant is a
corporation or partnership, the other business interests of all of
its principals.
D. The number of liquor licenses of all types existing within Hemlock
Township, the clientele of such establishments, and whether the number
of liquor licenses exceeds existing quotas.
E. The recommendation of the Chief of Police of Hemlock Township, the
Code Enforcement Officer of Hemlock Township, and the Manager of Hemlock
Township.
F. How the transfer or issuance of a license will be in the best interests
of the residents of Hemlock Township.
G. Any other evidence relevant to the effect of the liquor license on
the welfare, health, peace, safety, and morals of Hemlock Township
and its residents.
H. Recommendations of interested individuals residing within the municipality
concerning the applicant's intent to transfer a liquor license into
the municipality or to acquire an economic development license.
[Ord. No. 06-14-2005,
6/14/2005, § 5; as amended by Ord. No. 03-09-2021, 3/9/2021]
Within 45 days from a request for approval, the Board of Supervisors
shall render a decision to approve or disapprove the applicant's
request for transfer of a liquor license or the issuance of an economic
development license. The decision shall be in writing and mailed to
the applicant.