40 Pa. Code § 7.61. Criteria for intermunicipal transfer of retail licenses.

§ 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).

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