Township of Northampton, PA Part 2 LIQUOR LICENSE TRANSFER

§ 13-201 Application Procedures; Fee.

[Ord. 477, 8/8/2001; as amended by Ord. 561, 4/25/2012]

1. Any individual, partnership, corporation, and/or business entity who applies for either the intermunicipal transfer of a liquor license or for the issuance of an economic development liquor license (hereinafter an "applicant") shall be subject to, and shall adhere to, the following procedures:

A. An applicant shall prepare and submit to the Township Zoning Officer an original and 15 copies of an application, in a form that shall be provided by the Township, and which shall contain information:

(1) The name, address, telephone number, fax number, and e-mail address of the applicant.

(2) The type of license sought.

(3) The street address and tax parcel number(s) of the property for which the license is sought.

(4) The name, address, telephone number, fax number, and e-mail address of the owner of the property for which the license is sought.

(5) The street address, municipality and tax parcel number(s) of the property from which the license is sought to be transferred.

(6) The name, address, telephone number, fax number, and e-mail address of any attorney representing the applicant and any attorney representing the subject property owner.

(7) Where the applicant is a corporation, partnership, and/or any entity other than an individual, the name, address, telephone number, fax number, and e-mail address of the principal offices of the applicant, the State of incorporation and/or registration of the applicant, and the name, address, telephone number, fax number, and e-mail address of each and every owner, director, officer and/or equity owner of the applicant.

(8) 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.

(9) 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 liquor licenses. Such statement shall include the name, address, telephone number, fax number, e-mail 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.

(10) A statement 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; the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq.; and/or any provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq. 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.

(11) A description of nature of proposed operations to take place at the property and/or facility including:

(a) A sketch plan of the property identifying 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 floor(s), stage(s), and/or any other areas to which the public will have access, as applicable.

(c) A statement of and/or description of the intended use of the property/facility. The statement and/or description must identify the proposed hours of operation, must indicate if live music or entertainment are to be made available to patrons, must indicate if dancing will be permitted on the premises, must indicate if billiards, darts, video and/or arcade games will be available for patrons, and must identify if any bar, restaurant, athletic and/or entertainment services are to be provided outdoors and, if so, a description of all such services.

(12) The name, address, and tax parcel number of every school, preschool, day-care facility, place of religious worship, park, recreation and/or amusement facility, and/or establishment with a liquor license.

(13) A certification 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 and rejection of the application by the Township.

B. The applicant shall submit with the application, at the time of filing, a fee in the amount as established, from time to time, by resolution of the Board of Supervisors, as shall hereafter be modified by the Township and reflected in the Township fee schedule then in effect.

C. The Township shall schedule a public hearing on the said application to be held within 45 days of the receipt of the fully completed application. The applicant shall provide notice of the scheduled hearing to adjacent property owners under the procedures set forth in § 27-1403, Subsection 1, of the Code of the Township of Northampton.

§ 13-202 Public Hearing.

[Ord. 477, 8/8/2001]

The Township Supervisors shall hold a public hearing on the said application within 45 days of the receipt of the fully completed application, at which hearing a court reporter shall be present to make a transcript of the hearing. Public comment on the applicant's request for the transfer and/or issuance of the license shall also be allowed during the hearing or hearings on the application. At the conclusion of the hearing or hearings on the application, and within the same 45 days following the receipt of the fully completed application, the Supervisors shall render a decision to either approve or disapprove the application.

§ 13-203 Denial of License.

[Ord. 477, 8/8/2001]

The Township Manager and/or the Township Solicitor shall, in writing, advise the Commonwealth Liquor Control Board of the decision of the Supervisors. If the application is not approved by the Township, the Supervisors may direct the Township Manager and/or the Township Solicitor to file a formal protest against the transfer and/or issuance of the license with the Commonwealth Liquor Control Board, and to participate in any and all proceedings before the Commonwealth Liquor Control Board in regard to the desired license. Further, the Supervisors may similarly direct the Township Solicitor to participate in any appeal, to any court, of or from the decision of the Township in regard to the application.