[HISTORY: Adopted by the Board of Supervisors of the Township of Richland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 173.
[Adopted 6-16-1980 by Ord. No. 117]
It shall be unlawful for any person to consume alcoholic beverages on the sidewalks, streets, avenues, alleys, playgrounds, parks, parking lots or other public places within the Township of Richland.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 8-11-2003 by Ord. No. 285]
The whereas clauses set forth above and the provisions of Act 141 of 2000 are incorporated herein by reference.[1]
[1]
Editor's Note: The whereas clauses can be found on file in the Township offices. See 47 P.S. §  4-401 et seq. for statutory provisions.
The applicant shall submit the appropriate fee and the application to the Township supplying the information requested. The form of the application is attached as Exhibit A and may be amended from time to time by resolution.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
In order for any application to be accepted by the Township, the applicant must submit an application fee to defray the costs of public notices and Township secretarial and administrative expenses with the written application. The initial application fee will defray these costs up to and including a maximum hearing of three hours. Each additional three hours of hearing, or any part thereof, will constitute an additional hearing day with resulting additional fees as set forth below:
A. 
Initial application fee: as set forth from time to time by the Board of Supervisors.
B. 
Fee for additional (extended) three hour hearing: as set forth from time to time by the Board of Supervisors.
C. 
In addition to the application fee and additional (extended) hearing fees set forth above, all costs incurred for providing a stenographic record to the Township, including appearance fees, shall be the responsibility of the applicant.
D. 
The initial application fee must accompany the application and is nonrefundable.
E. 
The fees may be amended from time to time by resolution of the Board of Supervisors.
Public notice of the hearing(s) shall be provided as per the requirements of the Sunshine Act, 65 Pa. C.S.A. § 701 et seq., as follows:
A. 
Initial hearing, at least three days notice by:
(1) 
Publication in the Johnstown Tribune-Democrat;
(2) 
Posting in the Municipal Building;
(3) 
Written notice to the applicant at the address listed on the application; and
(4) 
Written notice to all property owners within 500 feet of the proposed location of the liquor license.
B. 
Continued hearings, at least 24 hours notice by:
(1) 
Publication in the Johnstown Tribune-Democrat;
(2) 
Posting in the Municipal Building;
(3) 
Written notice to the applicant at the address listed on the application; and
(4) 
To parties who have requested in writing to be so notified by providing their name(s) and address(es) at the initial hearing;
A. 
Procedure. The Board of Supervisors shall conduct the hearing according to the following procedure which may be modified, on a case-by-case basis, to insure an efficient use of time.
(1) 
Called to order and salute to the flag.
(2) 
Chairman/Solicitor' s introductory remarks.
(a) 
Statement of reason for the hearing;
(b) 
Identification of parties wishing to be heard; and
(c) 
Outline of procedures to be followed during hearing.
(3) 
Applicant's presentation of case.
(a) 
Board's/Solicitor's questions/cross examination; and
(b) 
Public's questions/cross examination.
(4) 
Objector's presentation of case.
(a) 
Board's/Solicitor's questions/cross examination;
(b) 
Applicant's questions/cross examination; and
(c) 
Public's questions/cross examination.
(5) 
Public comment and recommendations by interested residents of the Township.
(6) 
Rebuttal by applicant.
(7) 
Rebuttal by objectors.
(8) 
Closing remarks and notice of when decision is expected to be made.
(9) 
Adjournment.
B. 
Conduct.
(1) 
Formal rules of evidence shall not apply, however, irrelevant, immaterial or unduly repetitious evidence may be excluded.
(2) 
All persons who testify shall be placed under oath by the stenographer.
(3) 
All parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence at argument and cross examine adverse witnesses on all relevant issues.
(4) 
There shall be a stenographic record kept of the proceedings.
A. 
The decision of the Board of Supervisors shall be rendered within 45 days of the request for approval of the applicant by resolution.
B. 
In determining whether the approval would adversely affect the welfare, health, peace and morals of Richland Township, or its residents, the Board may consider, in addition to the information contained in the application, the following:
(1) 
The total number of existing liquor licenses in a Township and whether the total number of existing liquor license exceeds one license per 3,000 population of the Township, or the quota established by the Pennsylvania Liquor Control Board.
(2) 
The population of Richland Township.
(3) 
The location of:
(a) 
The closest existing licensed establishment;
(b) 
Church;
(c) 
School; and
(d) 
Playground.
(4) 
Copy of the completed application required by the Pennsylvania Liquor Control Board.
(5) 
Applicant's complete criminal history.
(6) 
Concerns expressed by area residents, businesses and public interest organizations.
(7) 
Recommendations of the Richland Township Police Department.
(8) 
Any other issue or fact that may adversely affect the welfare, health, peace and morals of Richland Township, or its inhabitants.
C. 
A decision by the Board of Supervisors to deny the request may be appealed to the Court of Common Pleas of Cambria County.