[HISTORY: Adopted by the Borough Council of the Borough of Economy as indicated in article histories. Amendments noted where applicable.]
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.
A. 
At least 10 calendar days prior to the proposed date of any special event and upon payment of a fee of $10, any person may apply to the Borough Secretary, on his own behalf or on behalf of an organization, for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of such special event.
B. 
The application shall contain the following information:
(1) 
The name of the applicant(s) and the address and telephone number of each. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
(2) 
The purpose of the special event, the date when it is proposed to be held, the approximate times when this event will start and terminate and the location of the assembly area.
[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,[1] shall comply with the requirements set forth below.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
A. 
Any person, corporation or other entity seeking Borough approval for an intermunicipal transfer of a liquor license shall file an application with the Borough Secretary in form approved from time to time by the Borough.
B. 
This application shall, at a minimum, include the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
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 liquor license is proposed to be locate.
(3) 
The proposed location to which the liquor license is being transferred, including a legal description of the property, street address and telephone number, if any.
(4) 
The current location of the liquor license proposed to be transferred, including the street address, telephone number and business name.
(5) 
The name, address and telephone number of the current owner of the liquor license proposed to be transferred.
(6) 
The name, address and telephone number of the owner of the property where the liquor license is proposed to be transferred.
(7) 
The name of the establishment sought to be licensed.
(8) 
The Pennsylvania Liquor Control Board (PLCB) license number for the liquor license proposed to be transferred.
(9) 
The date at which the applicant proposes to relocate the liquor license to the Borough.
(10) 
The type of liquor license proposed to be transferred.
(11) 
All other locations owned or operated by the applicant which currently hold and/or utilize liquor licenses, including name, address and license number of these establishments.
(12) 
The names, addresses and telephone numbers of all owners of property fully or partially within 500 feet of the proposed license location.
(13) 
A list of all liquor license violations cited against the applicant, and/or any party that will have a financial interest in the business where the liquor license is proposed to be located. This list shall include the dates, locations and specific grounds for each such violation.
(14) 
A list of all crimes committed by the applicant, and/or any party that will have a financial interest in the business where the liquor license is proposed to be located. This list shall include the dates, locations and specific grounds for each such violation.
(15) 
A copy of the completed application form required by the PLCB for the transfer of a liquor license.
(16) 
Name, address and distance from the proposed licensed premises for:
(a) 
Nearest liquor-licensed establishment.
(b) 
Nearest school.
(c) 
Nearest park.
(d) 
Nearest church.
(e) 
Nearest private recreation or amusement facility.
(17) 
Detailed information regarding the following operating details for the business where the license is proposed to be transferred:
(a) 
Amusement permit.
(b) 
Extended hours food permit.
(c) 
Sunday sales permit.
(d) 
Days of operation.
(e) 
Hours of operation.
(f) 
Seating capacity.
(g) 
A detailed and scaled plan of the configuration of the premises where the liquor license is proposed to be transferred, including all entrances, exits, emergency exits, rest rooms, offices, rooms, private areas, fixtures, pay telephones, seating areas, dance floors, dining or snack areas, amusement devices, bar and any other items or areas which the Borough deems important.
(h) 
Characteristics of the neighborhood.
(i) 
Type of menu (breakfast, lunch, dinner).
(j) 
General food and drink price range.
(18) 
A list of existing licenses in the Borough which are inactive, in safekeeping and/or for sale, including name, address and telephone number of contact person for each.
(19) 
The number of existing liquor licenses of all types with the Borough.
(20) 
The population of the Borough taken from the latest federal census.
(21) 
A signed verification by the applicant, property owner, establishment owner and operator/manager that the facts set forth in the application are true and correct to the applicant's, property owner's, establishment owner's and operator/manager's personal knowledge, information and belief, and that any false statements made therein are subject to the penalties of 18 Pa. C.S.A. § 4904, as amended, relating to unsworn falsifications to authorities.
(22) 
Any other information deemed appropriate by the Borough Solicitor.
C. 
All distances under this section shall be measured from the proposed license area to the zoning lot boundaries of the other use or property in question.
D. 
The Borough Solicitor shall review the application for completeness in accordance with the requirements of this section. If all required materials and information have not been submitted, the Borough Secretary shall reject the application, in writing, citing the specific deficiencies and the specific requirements of this section which have not been met.
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.