[Adopted 9-23-2020 by Ord. No. 5717]
The following procedures will be followed in the administration
of applications for intermunicipal liquor license transfers and economic
development liquor licenses.
Any applicant seeking an intermunicipal liquor license transfer
or economic development liquor license shall complete the City's
application form, which shall be available through the City's
Department of Community and Economic Development ("DCED") and shall
require the following information:
A. The applicant's full name, home address and telephone number;
B. The applicant's Pennsylvania LCB license number (if applicable);
C. The current business name, address, municipality, and telephone number
where the liquor license proposed for transfer is located (if applicable);
D. The business name, address and telephone number where the liquor
license is proposed to be located within the City of Easton;
E. The type of license being pursued;
F. 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;
G. The owner of the property where the liquor license is proposed to
be located;
H. A letter of support from the property owner, if the property is being
leased, showing their support for the license application.
I. The date at which the applicant proposes to receive the license or
relocate the liquor license to the City of Easton;
J. The names of other businesses with liquor licenses in Pennsylvania
in which the applicant has some interest or ownership, including the
license number of these establishments;
K. Identification as to whether the applicant or any affiliate has ever
been cited with liquor law violations and, if so, a detailed explanation
for each citation;
L. A brief description of the nature of the business proposed to be
operated in connection with such license, including, but not limited
to, a description of any proposed food or other product sales or entertainment;
M. A copy of the proposed application required by the Pennsylvania Liquor
Control Board, including the applicant's criminal history; and
N. 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 acknowledgment that submission of false information
may constitute grounds for revocation of the liquor license.
The application shall be filed with both the City Clerk and
DCED by any person or entity requesting a license under this article.
The DCED will review the application for conformity and eligibility.
If the application is deficient, the DCED may return said application
with comments informing the applicant specifically what sections must
be addressed. The DCED will, where applicable, make recommendation
to the City Clerk to schedule a public hearing with City Council to
review the request and to schedule the introduction of a resolution
on the proposed application.
The City of Easton wishes to provide for the reimbursement of
expenses incurred in the administration of the applications and hearings
for new economic development licenses and the transfer of liquor licenses
into the City of Easton. In order for an application to be accepted
by the City of Easton, the applicant must submit an application fee
in the amount of $1,000, payable to the City, to defray the cost of
the public notices and related administrative expenses. The applicant
will be responsible for any charges over and above $1,000 for costs
that the City incurs relative to conducting the public hearing in
conformity with Act 141 of 2000 (the Liquor Code), as amended. No license will be granted by the City until all expenses
associated with the application have been reimbursed by the applicant.
Upon payment by the City of all allowable costs associated with the
public hearing, any unused portion of the fee/deposit shall be returned
to the applicant.
Public notice shall be given and written notice shall be given
to the applicant, the City of Easton Codes Department, the City of
Easton Planning Department, the Chief of Police, adjacent property
owners (including those owners of property directly across a street
or alley from the subject property), City Council, the City Solicitor
and other interested parties as deemed appropriate. The DCED shall
provide such written notice not less than 10 days prior to the scheduled
public hearing by first-class United States mail with postage paid. The
City shall have the right to post the property upon which the liquor
license is sought to be issued or transferred but shall not be required
to do so.
The City, in deciding on an application for an intermunicipal
transfer or an economic development license, may consider any or all
of the following items and/or factors:
A. A written report and/or recommendation from the City of Easton Codes
Department, the City of Easton Planning Department and the City of
Easton Chief of Police;
B. The type of establishment proposed, such as a restaurant, tavern,
nightclub, or take-out shop;
C. The number of liquor licenses approved and proposed for use within
the City of Easton at the time of the application;
D. The concerns, if any, expressed by residents, businesses and other
City organizations; and
E. Any other factors the Easton City Council believes are necessary
to protect the welfare, health, peace and morals of the City.
The public hearing will be held in conformity with Act 141 of
2000 (the Liquor Code), as amended. The hearing will be held during a regularly
scheduled City Council meeting. The City Clerk will ensure notice
has been properly made and place this hearing on the agenda upon request
by the Department of Community and Economic Development.