RESOLUTION NO. 11of2020  A RESOLUTION OF THE BOROUGH OF CLARKS SUMMIT, COUNTY OF LACKAWANNA, COMMONWEALTH OFI PENNSYLVANIA, APPROVING TRANSFER OF RESTAURANT LIQUOR LICENSE NO. R-10506 (LID 69510), FROM SOUTH ABINGTON TOWNSHIP, PA TOTHE BOROUGH OF CLARKS SUMMIT,PA  WHEREAS, Act 141 of2 2000 ("the Act"), which amends the Commonwealth's Liquor Code, authorizes the Pennsylvania Liquor Control Board to approve, in certain instances, the transfer of restaurant liquor licenses across municipal boundaries within the same county regardless of the quota limitations provided for in Section 461 of the Liquor Code, ifs sales of liquor and malt or brewed beverages are legal int the municipality receiving the license; and WHEREAS, amendments to the Liquor Code stipulate that, prior to adoption ofa resolution by the receiving municipality, at least one hearing be held for the purpose of permitting interested parties to state their concerns regarding the transfer ofal liquor license into  the municipality;  WHEREAS, an application for transfer filed under the Act must contain a copy oft the resolution adopted by the municipality approving the transfer ofa a restaurant liquor license into  the municipality.  NOW THEREFORE, BE ITI RESOLVED, SUMMIT CITY MARKETI LLC has requested the approval of the Council of the Borough of Clarks Summit for the proposed transfer of Pennsylvania Liquor License No. R-10506 toi its facility at 2001 North State Street within the Borough of Clarks Summit with the understanding that said transfer must be approved at a later  date by the Pennsylvania Liquor Control Board; and  BE: ITI FURTHER RESOLVED, that the Council oft the Borough of Clarks Summit has held a public hearing to receive comments on the proposed liquor license transfer and, after consideration ofthe issues, finds that the transfer ofal Liquor License into the Borough of Clarks Summit will result inj job creation, revenue enhancement and dining accommodations for the residents oft the Borough of Clarks Summit, all ofwhich will substantially benefit the local economy and residents, and will not adversely affect the welfare, health, peace and morals oft the  municipality or its residents; and  BEI ITI FURTHER RESOLVED, that the Borough of Clarks Summit approves, by adoption of this Resolution, the proposed transfer Liquor License No. R-10506, into the Borough ofClarks Summit to be located at 200 North State Street, Clarks Summit, PA subject to the condition that Liquor License No. R-10506, transferred hereunder shall be subject toare-hearing before the Borough Council for: (i) any change of use: related to thel business operated in connection with such license; (ii) any transfer within the Borough to another location within the Borough including, but not limited to, another building or premises; and that it will not submit an application to transfer thel license to ai new location within the Borough, unless it is accompanied by written approval ofs such request from the Clarks Summit Borough Council; (ii) it shall not    permit any nude dancing or' "lewd, immoral or improper entertainment" as that term is defined under section 7329(c) oft the Crimes Code 18 Pa.C.S.A. $ 7329. The Applicant toi the extent allowed by the Pennsylvania Liquor Control Board (PLCB) shall enteri into agreement(s) and/or alternatively conditions of approval with the PLCB reflective of the aforesaid subject to nonrenewal or as otherwise required and/or permitted by PLCB including but not limited to  conditions of ppovalrenewa/iansier.  NOW THEREFORE BEI ITF FURTHER RESOLVED, that the license transfer is subject ITI IS HEREBY ACKNOWLEDGED THAT THIS RESOLUTION was adopted by a  to approval by the Pennsylvania Liquor Control Board.  formal action at ai regularly scheduled meeting on the 1st ofJuly, 2020.  TTEST:  THE BOROUGH OF CLARKS SUMMIT E  In A  Name: Virginia  Name: Germaine Title: Council President  Kehoe  Carey  Title: Borough Manager/Secretary