[Adopted 9-28-2004 by Ord. No. 19-2004]
For purposes of this article, the following words shall have the meanings set forth thereafter:
APPLICANT
The person, corporation or other entity on whose behalf an application for a license was made. The applicant shall be the proposed license holder, provided that if the proposed license holder does not own the premises, the owner of the premises shall join in the application.
LICENSE
The liquor license issued by the Pennsylvania Liquor Control Board which the applicant proposed to transfer or establish within the City.
LICENSE TRANSACTION
Either the issuance of an economic development license pursuant to 47 P.S. § 4-461(b.1) of the Liquor Code, 47 P.S. § 1-101, et seq., as amended, or the intermunicipal transfer of a liquor license pursuant to § 47 P.S. 4-461(b.3) of the Liquor Code, 47 P.S. § 1-101, et seq.
LIQUOR LICENSE COORDINATOR
The Mayor, or the individual appointed by the Mayor, to coordinate the approval of a license.
OWNER
The person, corporation or other entity who is the legal owner of the premises.
PREMISES
The proposed establishment for which the license transaction is sought.
An applicant seeking the approval of City Council for a license transaction shall comply with the requirements of this chapter.
A. 
The applicant shall file an application signed by the applicant and by the owner of the premises, if different from the applicant, with the Liquor License Coordinator, upon a form prepared by the Liquor License Coordinator.
B. 
Contents. The 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 interest in the applicant.
(3) 
The proposed name under which the applicant intends to operate.
(4) 
The location of the premises, including a legal description of the property, street address and telephone number, if any.
(5) 
Other locations owned or operated by the applicant which currently hold and/or utilize liquor licenses issued by the Pennsylvania Liquor Control Board, including the name, address and Pennsylvania Liquor Control Board license number of these establishments.
(6) 
The name, address and telephone number of the owner, if different from the applicant.
(7) 
The current location of the license, if any, including the street address, telephone number, and business name.
(8) 
The name, address and telephone number of the current owner of the license, if any.
(9) 
The Pennsylvania Liquor Control Board license number for the license, if any.
(10) 
The type of license, if any.
(11) 
The date on which the applicant proposes to begin operations using the license.
(12) 
The names, addresses, and telephone numbers of all owners of property, fully or partially, within 500 feet of the premises.
(13) 
A list of all liquor license violations cited against the applicant, and/or any party that will have a financial interest or ownership interest in the license or premises. This list shall include the dates, locations and specific grounds for each such citation.
(14) 
A list of all felony or misdemeanor convictions of the applicant, and/or any party that will have a financial interest or ownership interest in the license or premises. This list shall include the dates, locations and details of each such conviction.
(15) 
A copy of the completed application form required by the Pennsylvania Liquor Control Board for the license.
(16) 
Name, address and distance from the premises of:
(a) 
Nearest 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 premises:
(a) 
Days of operation.
(b) 
Hours of operation.
(c) 
Seating capacity.
(d) 
A detailed and scaled plan of the configuration of the premises, 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 City Council deems important.
(e) 
The zoning district in which the premises is located.
(f) 
Type of menu (breakfast, lunch, dinner).
(g) 
General food and drink price range.
(h) 
Date of approval of any required zoning relief.
(18) 
A list of existing liquor licenses in the City which are inactive, in safekeeping and/or for sale, including the name, address and telephone number of a contact person for each, and the applicant's attempt to obtain such liquor licenses.
(19) 
The number of existing liquor licenses of all types within the City.
(20) 
The population of the City taken from the latest federal census.
(21) 
A signed verification by the applicant and the owner of the premises, if different from the applicant, that the facts set forth in the application are true and correct to the applicant's and owner's personal knowledge, information and belief; that any false statements made therein subject the applicant and owner to possible arrest, fines and imprisonment; and that submission of false information shall constitute grounds for denial of the application and/or the City to seek revocation of the license.
(22) 
Any other information deemed appropriate by the Liquor License Coordinator.
C. 
Fee. In order for any application to be accepted by the Liquor License Coordinator as administratively complete, the applicant must submit the application fee established by Council resolution, from time to time, to defray the City's expenses related to public notice and public hearing requirements, legal, secretarial and administrative functions, and investigative costs. This application fee shall be nonrefundable.
D. 
Complete application. The Liquor License Coordinator shall review the application for completeness in accordance with the requirements of this article. If all required materials and information have not been submitted, the Liquor License Coordinator shall reject the application as being administratively incomplete and shall notify the applicant in writing, citing the specific deficiencies and the specific requirements of this article which have not been met.
Upon receipt of an administratively complete application, including the appropriate filing fee required by this chapter, the Liquor License Coordinator shall schedule a public hearing of the application before City Council. The Liquor License Coordinator shall advertise a public notice of the hearing at least one week prior to the hearing date in a newspaper of general circulation in the City. The applicant shall conspicuously post the premises in a manner consistent with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq, as amended.
A. 
City Council shall conduct a public hearing to determine whether or not to approve the transfer of the liquor license into the City. Proceedings before City Council shall be in accordance with the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., as amended.
B. 
In deciding whether approval of the application would adversely affect the welfare, health, peace, and morals of the City or its inhabitants, the City Council may consider, in addition to the information required by § 88-20 hereof, any or all of the following:
(1) 
A report and recommendation from the Mayor and the Chief of Police.
(2) 
The population of the City and the number of residents under the age of 21.
(3) 
The proximity of the premises to existing licensed establishments (all types of licenses), schools, churches, adult businesses, and other relevant uses.
(4) 
The concerns expressed by area residents, businesses, and public interest organizations.
(5) 
The names of and information regarding other businesses in which the applicant has an ownership interest.
(6) 
Any other issue or fact that may adversely affect the welfare, health, peace, and morals of the City or its residents and which City Council deems appropriate and relevant to the proceedings.
City Council shall render a written decision either approving or denying the license transaction within 45 days of the filing of an administratively complete application. City Council may approve an application; approve an application subject to certain specified conditions; or deny an application. A denial of an application shall be based on a finding that the approval of the license transaction would adversely affect the welfare, health, peace and morals of the City or its residents. Any approval of an application under this chapter shall be limited to the individual applicant, the premises, and the type of establishment proposed. Any proposed change in ownership, management, location, or type of establishment prior to approval of the license transaction by the PLCB will require a new application and City approval under this article.