Adopted 3-8-1983 by Ord. No. 242]
As used in this article, the following terms shall have the meanings
indicated:
ALCOHOLIC BEVERAGE
Any alcoholic beverages defined by the Liquor Code of 1951, April 12, P.L. 90, Art.
I, § 101, as amended (47 P.S. § 1-101 et seq.).
CONTAINER
Any metal, glass, plastic or paper receptacle of any kind suitable
for holding liquids.
PUBLIC PLACE
Any place to which the public or a substantial group of persons has
access, including but not limited to any highway, street, road, alley, bypass,
sidewalk, parking area, shopping area, playground, park or recreation facility
located within the Borough of Economy, except that the definition of "public
place" shall not include those premises within and/or on private property
that is not a "public place" as defined in this section.
SPECIAL EVENT
Any fair, picnic, block party, sidewalk activity or other community
gathering in any public place.
No person shall carry, transport or have in his or her possession in
any public place any open, resealed or partly empty container or similar article
containing an alcoholic beverage of any nature as defined by the Liquor Code
of 1951, as aforesaid.
No person shall break, leave, discard or deposit any container or receptacle
of any kind in any public place except in duly marked and designated trash
cans or bins.
[Amended 2-10-1987 by Ord. No. 274]
Any person who shall violate any of the provisions of this article shall
be guilty of a summary offense and, upon conviction, be sentenced to pay a
fine of not more than $300 or, in default of such fine, imprisonment for a
term of not more than 90 days.
[Adopted 3-27-2007 by Ord. No. 413]
Any person, corporation or other entity seeking Borough approval for
an intermunicipal transfer of a liquor license under Pennsylvania Liquor Code,
47 PA 4-461 et seq.; as amended, shall comply with the requirements set forth below.
In order for any application to be accepted by the Borough as administratively
complete, the applicant must submit an application fee to defray the Borough's
expenses related to the public notices, public hearing requirements, secretarial
and administrative functions, and investigative costs. The required application
fee shall be established from time to time by resolution of the Borough Council.
Upon receipt of an administratively complete application, including
the appropriate fee(s) required by this chapter, the Borough shall schedule
a public hearing. The Borough shall advertise a public notice for the hearing
at least one week prior to the hearing date in a newspaper of general circulation
in the Borough. The Borough shall also conspicuously post the property identified
as the location of the proposed liquor license in a manner consistent with
the requirements of the Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, for the posting of a property for a proposed rezoning.
In deciding whether the proposed transfer would adversely affect the
welfare, health, peace and morals of the Borough or its inhabitants, the Borough
Council may consider any or all of the following:
A. A report and recommendation from the Borough Solicitor
and Police Chief.
B. The population of the Borough including the number of
residents under the age of 21.
C. The proximity of the proposed licensed establishment
to existing licensed establishments (all types of licenses), schools, churches,
adult businesses, and other relevant uses.
D. The concerns expressed by area residents, businesses,
public interest organizations and the Ambridge Area School District.
E. A copy of the completed application required by the PLCB,
and the applicant's complete criminal history.
F. The names of and information regarding other businesses
in which the applicant has an ownership interest.
G. Any other issue or fact that may adversely affect the
welfare, health, peace, and morals of the Borough or its inhabitants and which
the Borough Council deems appropriate and relevant to the proceedings.
The Borough Council shall conduct a public hearing to determine whether
or not to approve the transfer of the liquor license into the Borough. Proceedings
before the Borough Council shall be in accordance with 551-555 of the Local
Agency Law, 2 Pa. C.S.A. § 551-555, as amended.
The Borough Council shall render a written decision either approving
or denying the transfer of the liquor license within 45 days of the filing
of an administratively complete application. The Borough Council may: 1) approve
an application; 2) approve an application subject to certain specified conditions;
or 3) deny an application. A denial of an application shall be based on a
finding that the proposed transfer would adversely affect the welfare, health,
peace and morals of the Borough or its residents. Any approval of an application
under this chapter shall 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 Borough approval.