[HISTORY: Adopted by the Board of Supervisors of the Township of East Norriton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-1981 by Ord. No. 160; amended in its entirety 12-19-1988 by Ord. No. 274]
It shall be unlawful for any person to consume any alcoholic beverage and/or malt or brewed beverage as defined in the Pennsylvania Liquor Code[1] or to possess any such beverage with the intent to consume the same while in or upon or adjacent to highways, roadways, trafficways, alleys, sidewalks and parks within the Township of East Norriton.
[1]
Editor's Note: See 47 P.S. § 4-493.
Possession of an open alcoholic and/or malt or brewed beverage container by any person as described in the foregoing section shall create the presumption that such person did consume or intend to consume the contents thereof in violation of this article.
Any person, corporation or other entity who shall violate any of the provisions of this article or who should fail to comply with any notice of violation herein, upon conviction before a District Justice within the magisterial district within which the Township of East Norriton is a part, shall be fined not more than $600 plus costs of prosecution after a summary proceeding brought in the name of the Township before said District Justice. A new and separate offense shall be deemed to be committed for each day that such violation exists. In default of the payment of any fine imposed and the costs, the person or persons that are charged may be sentenced to be committed to the county jail for a period not exceeding 30 days.
[Adopted 6-24-2003 by Ord. No. 455[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 211 but was renumbered as Ch. 59, Art. II, by Ord. No. 461, adopted 3-16-2004, to fit the organizational structure of the Code.
A. 
Any applicant seeking an intermunicipal transfer of a license or economic development liquor license under Act 141 of the Liquor Code[1] shall complete the Township's application form which shall be available from the Township.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
B. 
The Township application may be amended from time to time by resolution of the Board of Supervisors.
C. 
The Township's application shall contain, but is not limited to, a request for the following information:
(1) 
The applicant's name, address, telephone, and fax number.
(2) 
The applicant's representative or attorney name, address, telephone number, and fax number.
(3) 
Location and name of the establishment of the liquor license proposed to be transferred or issued.
(4) 
License No./LID No. of the liquor license proposed to be transferred.
(5) 
Proposed location of the liquor license to be transferred or issued, including street address, parcel number and block and unit number.
(6) 
The name of the establishment sought to be licensed and the proposed use.
(7) 
Type of liquor license proposed to be transferred or issued.
(8) 
Present zoning classification of proposed location of the liquor license to be transferred or issued.
(9) 
Anticipated date of liquor license transfer or issuance and commencement of operations.
(10) 
Other locations owned or operated by the applicant which currently hold liquor licenses, including name, address and liquor license number of these establishments.
(11) 
Whether the applicant or anyone associated with locations owned or operated by the applicant which currently holds liquor licenses has ever been cited with liquor law violations.
(12) 
Whether the applicant has had a liquor license transfer or application denied.
(13) 
Whether the applicant, or if a corporation, any officer or director of the corporation, or if a partnership or association, any member or partner of the partnership or association, has been convicted or found guilty of a felony within the past five years.
(14) 
Name, address and distance from proposed licensed premises of:
(a) 
Nearest licensed establishments.
(b) 
Nearest schools.
(c) 
Nearest public playgrounds.
(d) 
Nearest churches.
(e) 
Nearest charitable institutions.
(f) 
Nearest hospital.
(15) 
List of existing liquor licenses in East Norriton Township which are inactive, in safekeeping and/or for sale, including name, address and telephone number of contact person for each.
(16) 
Verification 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 denial of a liquor license transfer or issuance.
A. 
The Township shall hold a public hearing in conformity with Act 141 of the Liquor Code, and at the public hearing a court reporter shall be present to make a transcript of the hearing.
B. 
The Township shall have the right to post the property upon which the liquor license is sought but shall not be required to do so.
C. 
The Township shall publish a public notice of its intention to hold a public hearing once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
D. 
The Township shall mail or deliver a notice of the hearing to the owner or to the occupier of every lot on the same street within 500 feet of the location of the lot upon which the liquor license would be transferred or issued, and to the owner or occupier of every lot not on the same street within 150 feet of the location of the lot upon which the liquor license would be transferred or issued, provided that failure to give such notice shall not invalidate any action taken by the Township.
There shall be a fee accompanying the application to be set by resolution, from time to time, by the Board of Supervisors.
A. 
The Township shall render a written decision by resolution to approve or disapprove the applicant's request for an intermunicipal transfer of a liquor license or for the issuance of an economic development license within 45 days of the last public hearing.
B. 
The Township shall approve the request unless it finds that doing so would adversely affect the welfare, health, peace and morals of the Township or its residents.
C. 
A decision by the Board of Supervisors to deny the request may be appealed to the Court of Common Pleas of Montgomery County, Pennsylvania, within the time periods otherwise provided by law.