[HISTORY: Adopted by the Council of the Borough of West Chester 5-17-2006
by Ord. No. 5-2006. Amendments noted where applicable.]
In accordance with Act 141 of 2000, which is codified in 47 P.S. § 4-461
of the Pennsylvania Liquor Code, the intermunicipal transfer of a liquor license
into the Borough of West Chester and issuance of a license for economic development
pursuant to the Liquor Code must first be approved by the Borough Council
when the total number of existing restaurant liquor licenses and eating place
retail dispenser licenses exceeds one license per 3,000 inhabitants. Since
the adoption of Act 141 of 2000, the Borough Council has received numerous
applications for approval of an intermunicipal transfer of a liquor license
into the Borough. The Borough Council desires to establish a procedure for
the administration of applications for the intermunicipal transfer of a liquor
license into the Borough and issuance of a license for economic development.
All requests or applications for intermunicipal transfer of a liquor license
and issuance of a license for economic development pursuant to the Liquor
Code shall comply with the provisions in this chapter.
Any person or entity seeking approval for the intermunicipal transfer
of a liquor license or issuance of a license for economic development under
the Liquor Code must first submit a written application to the Borough. The
application must provide the following information:
A.
The applicant's full name, address, telephone number,
facsimile number and e-mail address;
B.
The name of the applicant's counsel and his or her address,
telephone number, facsimile number and e-mail address;
C.
The business name and address of the establishment where
the liquor license is proposed to be located within the Borough of West Chester;
D.
The type of operation proposed: a 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;
E.
The name and address of the transferor licensee;
F.
The license number and LID number of the license which
is proposed to be transferred into the Borough;
G.
Information about the following operating details:
(1)
Amusement permit: Yes or no; if yes, type of entertainment.
(2)
Extended hours food permit: Yes or no.
(3)
Sunday sales permit: Yes or no.
(4)
Days of operation.
(5)
Hours of operation.
(8)
Restrictive institutions (within 200 feet): Yes or no.
(9)
Other licenses (existing within 200 feet): Yes or no.
(10)
Protesters: Yes or no.
(11)
Supporters: Yes or no.
H.
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;
I.
A detailed description of the proposed establishment
where the liquor license will be used, including hours of operation and number
of employees;
J.
The owner of the property where the liquor license is
proposed to be located;
K.
The names, addresses and telephone numbers of all property
owners within 500 feet of the proposed license location;
L.
The names, addresses and telephone numbers of all schools,
churches and establishments that have a liquor license which are within 500
feet of the proposed license location;
M.
A copy of the completed application submitted to the
Pennsylvania Liquor Control Board for the transfer of a liquor license, including
the applicant's criminal history and list of past Liquor Code violations;
and
N.
The names and location of other businesses with liquor
licenses in which the applicant has an ownership interest.
In order to reimburse the Borough for the expenses incurred in the administration
of the application and conduct of the hearing for the transfer of liquor licenses
into the Borough, the applicant must submit with the application a fee in
the amount specified by resolution of the Borough Council, which fee may be
amended from time to time. All fees must accompany the application and are
nonrefundable. In addition to the application fee, if the applicant requests
a stenographic record of the hearing, all costs for providing a stenographic
record, including appearance fees, will be the responsibility of the applicant.
Upon receipt of a complete application and the filing fee, the Borough
will post the property identified as the location of the proposed liquor license
in a conspicuous location to notify potentially interested citizens. The Borough
shall also publish a notice one time in a newspaper of general circulation
in the Borough at least seven days prior to the hearing. The notice that is
posted and published in the newspaper shall include a summary description
of the application and the date, time and place of the public hearing to be
conducted by the Borough Council.
The Borough Council will conduct a public hearing to consider the application.
At the hearing, the Borough Council shall receive comments and recommendations
of interested individuals within the Borough concerning the application for
transfer of the liquor license. The hearing shall be transcribed.
A.
In deciding whether the proposed transfer application would adversely affect the welfare, health, peace and morals of the Borough of West Chester or its inhabitants, the Borough Council may consider, in addition to the information in § 69-2 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 West Chester, 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 inhabitants of the Borough (the quota established by the Liquor
Control Board);
(4)
The location of the closest existing licensed establishment
(all types of licenses), school, church, or adult business (as defined by
the Borough Code);
(5)
Concerns expressed by area residents, institutions, businesses
and public interest organizations;
(6)
The copy of the completed application required by the
Pennsylvania Liquor Control Board and the applicant's complete criminal
history;
(7)
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 West Chester or its inhabitants.
B.
Within the time limits set forth in the Liquor Code,
the Borough Council shall vote to deny, approve, or approve with conditions
the request for an intermunicipal transfer of liquor license into the Borough.
The Council's decision shall be set forth in a written resolution. 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 approval
of the Borough Council.
