[HISTORY: Adopted by the Borough Council of the Borough of Newtown as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-9-1993 by Ord. No. 510 (Ch. 59A, Art. I, of the 1982 Code)]
The following words and phrases shall be defined as follows:
ALCOHOL
Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
LIQUOR
Any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor 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 1/2 of 1% of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.
MALT OR BREWED BEVERAGES
Any beer, lager beer, ale, porter or similar fermented malt beverage containing 1/2 of 1% or more of alcohol by volume, by whatever name such beverage may be called.
OPEN CONTAINER
A bottle, can, keg, receptacle, vessel, barrel, drum, cask, tank or conduit used for holding, storing, transferring or shipment of alcohol, liquor or malt or brewed beverages from which the cap, seal, cork or other means of containment has been removed, perforated or otherwise penetrated so as to allow the consumption of the beverage contained therein.
[Amended 8-8-2023 by Ord. No. 792]
It shall be unlawful within the Borough of Newtown for any person to consume alcohol, liquor or malt or brewed beverages upon any public street, public sidewalk, public municipal parking lot, private parking lot open to public use, public playing fields or public park, or in any vehicle or other means of transportation being operated or parked thereon, except as specifically provided in § 226-3.1.
[Amended 8-8-2023 by Ord. No. 792]
It shall be unlawful within the Borough of Newtown for any person to have in his possession or in a vehicle or other means of transportation under his control any open container containing alcohol, liquor or malt or brewed beverages upon any public street, public sidewalk, public municipal parking lot, private parking lot open to public use, public playing fields or public park, except as specifically provided in § 226-3.1.
[Added 8-8-2023 by Ord. No. 792]
The possession of an open container, as well as the sale, distribution, and consumption of alcohol, liquor or malt or brewed beverage, shall be permissible only by a permit issued by Borough Council and only pursuant to the restrictions provided herein.
A. 
Alcoholic beverage permit.
(1) 
An applicant seeking to conduct or sponsor an event wherein the sale, distribution, or consumption of alcohol, liquor or malt or brewed beverages is contemplated on public property shall complete and submit an application for an alcoholic beverage permit at least 60 days prior to the event. The applicant shall submit the application to the Chief of Police along with a special event application. The Chief of Police shall provide written comments on the application and forward it to Borough Council for review and approval.
(2) 
Applications submitted less than 60 days prior to any such event may be reviewed for approval where Borough Council, in its sole discretion, determines that there has been good cause shown for an untimely application.
(3) 
Permits shall only be issued to business(es) or nonprofit corporation(s) with a primary place of business within Newtown Borough, or in affiliation with an event hosted by Newtown Borough.
(4) 
The following conditions shall apply to all alcoholic beverage permits:
(a) 
An alcoholic beverage permit shall only issue for a limited duration of no longer than four continuous hours, commencing no earlier than 11:00 a.m. and concluding no later than 10:00 p.m.
(b) 
The consumption of alcohol by minors is strictly prohibited at all times on public property.
(c) 
Each applicant shall submit a fully executed indemnity agreement, in a form satisfactory to the Borough Solicitor. Such agreement shall include an agreement that the applicant shall reimburse the Borough for any costs incurred in repairing damage to public property occurring in connection with the permitted event and proximately caused by the permittee, its officers, employees or agents or any person under the permittee's control, including but not limited to participants and spectators of the event. Further, the permittee shall defend the Borough against, and indemnify and hold the Borough harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents or any person under the control of the permittee, including but not limited to participants and spectators of the event.
[Amended 12-12-2023 by Ord. No. 798]
(d) 
Each applicant shall furnish proof that it, or the appropriate licensee, has obtained a caterer's license or other required license, if any, from the Pennsylvania Liquor Control Board. At no time shall the provisions of this article be construed as a waiver or reduction of any of the conditions imposed by the Liquor Control Board.
(e) 
Each application shall include an anticipated duration and an anticipated number of attendees.
(f) 
A permit will be denied if the required insurance is not presented, or any other requirement of this chapter or statute is violated, or if, in the sole opinion of Borough Council, the event would adversely affect the health, safety and welfare of the community or would violate any provision of the Borough Code.
(g) 
Such other reasonable conditions imposed by Borough Council.
(5) 
At no time shall the provisions of this chapter abrogate or be construed as a waiver or reduction of any of the requirements for a special event pursuant to Chapter 462 or to be in conflict with any applicable state or county law or regulation.
(6) 
An alcoholic beverage permit shall only be issued for events on public property within Newtown Borough and shall not extend into lands owned by other governmental entities, unless such entity has consented to same, as applicable.
[Amended 12-12-2023 by Ord. No. 798]
B. 
Discarding of containers. No person shall discard alcoholic or other beverage containers upon any public sidewalk, street, lane, highway, parking lot, park or recreation area of public or private property within Newtown Borough
C. 
Revocation of permit. Any alcoholic beverage permit issued pursuant to this article may be summarily revoked by the Chief of Police or a designee thereof at any time when any of the following applies:
(1) 
The occurrence of a disaster, public calamity, riot or other emergency, or the Chief of Police or a designee thereof determines that the safety of the public or property requires such revocation.
(2) 
The permittee violates any of the terms of this article or conditions of the permit.
[Amended 9-14-2021 by Ord. No. 778]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bucks County.
[Adopted 8-14-2001 by Ord. No. 617[1] (Ch. 59A, Art. II, of the 1982 Code)]
[1]
Editor's Note: This ordinance also designated former §§ 59A-1 through 59A-4 as §§ 59A-10 through 59A-13 of Art. I, Consumption and Containers.
A. 
Unless set forth below, words and phrases, when used in this article, shall have the meanings ascribed to them in the Pennsylvania Liquor Code, 47 P.S. § 1-102 et seq., as now in force or as hereafter amended, enacted or reenacted, except where the context clearly indicates otherwise.
B. 
The following words and phrases shall have the following meanings:
APPLICANT
Any individual, partnership, limited partnership, corporation, limited-liability company, association and/or other business entity, or agent thereof, who causes to be made or filed an application for either the intermunicipal transfer of a liquor license or for the issuance of an economic development liquor license.
COUNCIL
The Newtown Borough Council.
LIQUOR LICENSE
Any liquor license which is potentially transferable or issuable into Newtown Borough under the Pennsylvania Liquor Code, as amended.
OFFICER
The Newtown Borough Code Enforcement Officer.
PUBLIC HEARING
A meeting of Council held pursuant to public notice under the Act of October 15, 1998 (P.L. 729, No. 93), as amended, otherwise known as the "Sunshine Act" (65 Pa.C.S.A. § 701 et seq.), as amended.
C. 
For the purpose of this article, all words used in the present tense include the future tense. All words in the plural number include the singular number, all words in the singular number include the plural number, and all masculine references include the feminine and neutral, unless the natural construction of the word clearly indicates otherwise. The word "shall" is mandatory.
A. 
Any applicant for either the intermunicipal transfer of a liquor license or for the issuance of an economic development liquor license shall be subject to, and shall adhere to, the procedures set forth in this article. A separate application is required for each liquor license.
B. 
An applicant shall prepare and submit to the officer an original and 12 copies of an application, in a form that shall be prescribed and provided by Newtown Borough, along with all of the following information:
[Amended 5-14-2002 by Ord. No. 630]
(1) 
The name, address, telephone number, fax number, and email address of the applicant.
(2) 
If the applicant is one or more individuals, the social security number of each individual. If the applicant is one or more business entities, the federal tax employer identification number for each entity.
(3) 
The type of liquor license sought.
(4) 
The street address and tax parcel number(s) of the property for which the liquor license is sought.
(5) 
The name, address, telephone number, fax number, and email address of each owner of the property for which the liquor license is sought.
(6) 
The street address, municipality and tax parcel number(s) of the property from which the liquor license is sought to be transferred.
(7) 
The name, address, telephone number, fax number, and email address of any attorney representing the applicant and any attorney representing the subject property owner(s).
(8) 
If the applicant is a partnership, limited partnership, corporation, limited-liability company, association and/or any business entity other than an individual, the name, address, telephone number, fax number, and email address of the principal business offices of the applicant; the state and date of incorporation, registration, organization or formation of the applicant and all states in which the applicant is authorized to conduct business; and the name, address, telephone number, fax number, and email address of each and every owner, director, officer and/or equity owner of the applicant.
(9) 
A statement of the applicant's ownership interest in the subject property, together with proof of the same in the form of a deed, agreement of sale or lease.
(10) 
A statement of all other properties and/or businesses owned and/or operated by the applicant and/or the owners, equity owners, directors and/or officers of the applicant, that have, at any time, been issued or held a liquor license in any jurisdiction. Such statement shall include the name, address, telephone number, fax number, email address, and tax parcel number of each such property or business, together with the liquor license number of each and every license issued to each such property, business, owner, equity owner, director, officer, and/or to the applicant.
(11) 
A statement under oath or affirmation that the applicant and/or the owners, equity owners, directors and/or officers of the applicant have never been convicted of, and/or received citations for, any violations of the Pennsylvania Liquor Code,[1] the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act,[2] and/or any provisions of the Pennsylvania Criminal Code. If the applicant and/or the owners, equity owners, directors and/or officers of the applicant have ever been convicted of, and/or cited for, any such violations, then the applicant shall, for each such conviction and/or citation, provide the date and location at which the violation occurred, the nature of the violation, the statute, ordinance or regulation violated, the court or agency before which the violation was adjudicated, and the fine and/or punishment imposed for the violation.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[2]
Editor's Note: See 35 P.S. § 780-101 et seq.
(12) 
A description of the nature of the proposed operations to take place at the property and/or facility, including:
(a) 
A sketch plan of the property identifying all the existing and proposed improvements thereon;
(b) 
A plan of the interior of the building/facility identifying the location and dimensions of the bar area, restaurant area, kitchen, bathrooms, outdoor patron areas, and storage areas, as applicable, together with a floor plan identifying the proposed layout of the bar, restaurant, and/or outdoor patron areas, including, but not limited to, the location of the bar(s), tables, chairs, stools, dance floors(s), stage(s), and/or any other areas to which the public will have access, as applicable; and
(c) 
A statement and description of the intended use of the property and facility. The statement and description shall identify the proposed hours of operation; shall describe the type of food, if any, to be offered; shall identify the maximum and minimum number of employees and patrons, shall indicate if live music or entertainment are to be made available to patrons; shall indicate if dancing will be permitted on the premises; shall indicate if billiards, darts, video and/or arcade games will be available for patrons; and shall identify if any bar, restaurant, athletic and/or entertainment services are to be provided outdoors and, if so, a description of all such services.
(13) 
The name, address and tax parcel number of every school, preschool, day-care facility, place of religious worship, park, recreation or amusement facility, and every establishment with an existing liquor license within 300 feet of the proposed facility, regardless of municipal boundary lines.
(14) 
The name, address and tax parcel number of every establishment with an existing liquor license within Newtown Borough, and the population of Newtown Borough according to the most recent federal census.
(15) 
A certification under oath or affirmation by the applicant that the information contained in the application is true and correct; an acknowledgment that the presentation of false information shall subject the applicant to possible arrest, fines, and imprisonment; and an acknowledgment that submission of false or inaccurate information may constitute grounds for revocation of the liquor license by the Commonwealth of Pennsylvania and disapproval of the application by the Newtown Borough Council.
(16) 
A transportation, parking and traffic impact study which will enable the Council to assess the impact of the proposed use and/or transfer on the transportation, parking and traffic in Newtown Borough. Its purposes are to ensure that the proposed license and related use do not materially adversely affect the traffic and parking network of Newtown Borough, to identify any existing traffic and/or parking problems in the vicinity of the proposed site, and to delineate solutions to potential problems and present improvements to the area to be incorporated into any approval. The impact study shall include, without limitation, the following information:
(a) 
A general description of the site, including the size and location of the proposed use;
(b) 
A full description of the existing traffic and parking facilities within a one-half-mile radius of the site, including, without limitation, all roadways, and all on-street and off-street parking facilities;
(c) 
A full description of the existing traffic conditions for all roadways and intersections within the study area. Traffic counts at all intersections in the study area shall be conducted;
(d) 
An estimation of the vehicular trips that result from the proposed business owning the license shall be completed for the average daily peak highway hour(s), as well as for the peak usage hours of the business;
(e) 
A total future demand for traffic and parking for a five-year period shall be calculated; and
(f) 
All roadways, intersections and parking facilities (on-street or off-street) showing a level of service above the norm shall be considered deficient, and specific recommendations for these problem areas shall be proposed.
C. 
Upon receipt of a completed application, the Borough shall distribute copies to the Council, the Newtown Borough Planning Commission, the Newtown Borough Engineer, the Newtown Borough Fire Marshal, the Newtown-Bucks County Joint Municipal Authority, the Newtown Artesian Water Company, the Newtown Borough Police Chief and the Newtown Borough Solicitor. All of the foregoing shall review all aspects of the application as it pertains to their particular area of expertise, including, without limitation, engineering, parking, traffic, fire protection, emergency access, public safety and any other applicable concern under the Newtown Borough Code of Ordinances. All of the foregoing shall provide their written comments to Newtown Borough prior to the first public hearing on the application.
[Added 5-14-2002 by Ord. No. 630]
D. 
An application may be amended at any time prior to the Council's vote on the application. Any amendment to the application made after the Council's vote on the application, but prior to or after the adoption of the ordinance, can only be made upon prior leave of Council.
[Added 5-14-2002 by Ord. No. 630]
[Amended 5-14-2002 by Ord. No. 630]
A. 
The applicant shall submit with the application, at the time of filing, a nonrefundable fee set by resolution of Council and reflected in the Newtown Borough Fee Schedule then in effect, as well as an escrow as set by resolution of Council to cover all costs and fees incurred by Newtown Borough in reviewing and processing the application. If the escrow against costs and fees is depleted, the applicant shall immediately replenish the same upon the request of Newtown Borough.
B. 
The fees and costs incurred by Newtown Borough in reviewing and processing the application include, without limitation, the costs of the public hearing(s); court reporter and transcript costs; and all legal, engineering and all other professional review fees and costs. The applicant shall pay to Newtown Borough all such fees and costs prior to the certified copy of the ordinance being provided to the applicant.
A. 
Upon receipt of a completed application and all required fees and escrows, the Council shall hold a public hearing for the purpose of receiving comments and recommendations of interested individuals residing within Newtown Borough concerning the application. The applicant shall appear at the hearing along with all witnesses and other evidence in support of the application.
B. 
A court reporter shall be present at the public hearing to make a transcript of the hearing. The applicant shall be advised by the Newtown Borough Secretary of the time and place of the public hearing at which the application shall be considered by Council.
C. 
The applicant shall provide advanced notice of the scheduled public hearing by regular mail to all property owners located within 250 feet of the subject property, as measured from all property lines of the subject property. The applicant shall provide proof of such notice at the public hearing.
D. 
Public comment on the applicant's request for the transfer and/or issuance of the liquor license shall be allowed during the public hearing(s) on the application.
A. 
Unless the applicant grants an extension of time, in writing, all public hearings on the application shall be held and the Council shall render a decision, in the form of an ordinance, to either approve or disapprove the application within 45 days following the receipt of the completed application and all required fees and escrows.
B. 
The Council may approve the application unless it finds that:
[Amended 9-25-2001 by Ord. No. 619; 5-14-2002 by Ord. No. 630; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]]
(1) 
Doing so would adversely affect the welfare, health, safety, peace or morals of Newtown Borough or its residents;
(2) 
The application is generally inconsistent with the Newtown Borough Comprehensive Plan or any multimunicipal comprehensive plan which Newtown Borough has adopted; or
(3) 
No actual necessity for the proposed license exists in Newtown Borough.
C. 
Any decision by the Council to deny the application may not be appealed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Once the ordinance approving or disapproving an application becomes effective, the Newtown Borough Solicitor shall, upon prior payment of all Borough review and hearing fees and costs by the applicant, provide the applicant with a certified copy of the ordinance. The applicant shall thereafter provide Newtown Borough with a copy of the application made to the Pennsylvania Liquor Control Board. Any ordinance approving a liquor license transfer request shall be deemed to incorporate this requirement as a condition of such approval.
[Amended 5-14-2002 by Ord. No. 630]
B. 
If the application is not approved by the Council, the Council may, upon the ordinance becoming effective, direct the Borough Solicitor to file a formal protest against the transfer and/or issuance of the liquor license with the Pennsylvania Liquor Control Board, and to participate in any and all proceedings before the Pennsylvania Liquor Control Board in regard to the desired liquor license.
C. 
Once the ordinance becomes effective, the Council may direct the Borough Solicitor to participate in any appeal and/or hearing, to any court and/or agency, of or from the decision of the Council in regard to the application.