Subchapter F. INTERMUNICIPAL TRANSFER OF
RETAIL LICENSES
Sec.
7.61. Criteria for intermunicipal transfer of retail licenses.
7.62. [Reserved].
7.63. Municipal standing before the Board.
7.64. Appeal of Board decision.
7.65. Subsequent transfers.
Source The provisions of this Subchapter F adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139, unless otherwise noted.
§ 7.61. Criteria for intermunicipal transfer of retail licenses.
(a) Restaurant, eating place retail dispenser and club licenses may be transferred from one municipality to another municipality within the same county, without approval from the receiving municipality, if both of the following apply:
(1) The number of existing licenses in the receiving municipality does not equal or exceed 1 license per 3,000 inhabitants as determined at the date of filing of the application.
(2) The applicant submits the appropriate license application and associated fees to the Bureau of Licensing.
(b) If the number of existing licenses in the receiving municipality equals or exceeds 1 license per 3,000 inhabitants or if the population of the receiving municipality is less than 3,000 inhabitants and the receiving municipality has an existing license:
(1) The applicant shall request approval from the receiving municipality for the intermunicipal transfer of the license.
(2) Upon request for approval of an intermunicipal transfer of a license by the applicant, at least one public hearing shall be held by the receiving municipality for the purpose of receiving comments and recommendations of interested individuals residing within the municipality concerning the applicant’s intent to transfer the license into the municipality.
(3) The receiving municipality shall, within 45 days of a request for approval, render a decision by ordinance or resolution to approve or disapprove the applicant’s request for an intermunicipal transfer.
(4) The applicant shall submit to the Board, along with its application for transfer, a copy of the receiving municipality’s approval of the intermunicipal transfer of the license in the form of an ordinance or resolution which includes the applicant’s name and exact address.
Source The provisions of this § 7.61 amended September 8, 2017, effective September 9, 2017, 47 Pa.B. 5600. Immediately preceding text appears at serial pages (307827) to (307828).
§ 7.62. (Reserved).
Source The provisions of this § 7.62 reserved September 8, 2017, effective September 9, 2017, 47 Pa.B. 5600. Immediately preceding text appears at serial page (307828).
§ 7.63. Municipal standing before the Board.
(a) The receiving municipality may file a protest against the approval of an intermunicipal transfer of a license into its municipality and such municipality shall have standing in a hearing to present testimony in support of or against the transfer of a license.
(b) If the Board receives a protest from the receiving municipality, the Board may refuse an application for an intermunicipal transfer of a license.
(c) A protest must be filed within the time allowed by § 17.13 (relating to protests/intervention procedure).
§ 7.64. Appeal of Board decision.
(a) The receiving municipality may file an appeal of the Board decision granting the license, within 20 days of the date of the Board’s decision, to the court of common pleas in the county in which the proposed licensed premises is located.
(b) The applicant may file an appeal of the Board’s decision denying the license, within 20 days of the date of the Board’s decision, to the court of common pleas in the county in which the proposed licensed premises is located.
§ 7.65. Subsequent transfers.
Licenses transferred from one municipality to another may not be transferred out of the receiving municipality for 5 years from the date of operation in the receiving municipality.
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