LAW OFFICES 317E. Carson Street Suite 333 shurgh! PA 15219 JolFree: I-866-4BEVLAW  Main: 412-456-2001 Fax: 412-456-2019 www.lahety-ohara.com  Faherty8OHars  CORPORA  EGETV'E  Ellen M. Freeman, Esq Direct Dial: 412-535-5100 E-mail Address: lem@lahety-oham.com July 18, 2023 City ofBethlehem Attn: Tad Miller, City Clerk 10 East Church Street Bethlehem, PA 18018 DeENCheIeTemPISeN  JUL 1.9_2023 lé No. 39093.038  OFFICE OF CITYCLERK  ia-Federct Express & Electronic Mail  Re: Request for a Public Hearing on the Intermunicipal Transfer ofal Liquor License  into City of Bethlehem, Northampton County, Pennsylvania  Dear Mr. Miller:  Irepresent and am writing on behalfofWawa, Inc. ("Wawa") toi request ai resolution from the City ofBethlehem (the "City") approving the intermunicipal transfer ofal Pennsylvania "restaurant" or "R" liquor license from outside the municipality into the City. Wawa is constructing a new convenience store located at 770 Hellertown Road, Bethlehem, PA 18018. The new convenience store will include a dining area with a vast array of food options to dine-in or take to-go, as well In order to sell beer and wine from its new store in the City in accordance with its business plan, Wawa must secure a restaurant liquor license. There are: no restaurant liquor licenses available to purchase within the City. As a result, Wawa has entered into an agreement to purchase a liquor license that is currently located in Upper Mt Bethel Township, Northampton County. Wawa plans tor move the license into the City with the approval of the City Council, and subsequently the Wawa hereby formally requests that the City schedule aj public hearing pursuant to the provisions of Section 461(b.3) oft the Liquor Code. The public hearing will be for the purpose of allowing the: residents ofthe City to voice their recommendations and opinions on the proposed operations of a liquor license by Wawa at its proposed location. After the public hearing, the City must approve or deny the requested transfer, by way of a resolution or ordinance. The public hearing and subsequent resolution or ordinance must occur within 45 days of receiving this request. If additional time is needed, the City can elect to extend this time period by 60 days by notifying my Ihave enclosed a proposed resolution which other municipalities have used in the past when responding to requests for intermunicipal transfers. The Pennsylvania Liquor Control Board requires that a resolution approving an intermunicipal transfer must include the following: (1)t the  as an offering ofbeer and wine which will be sold primarily to-go.  Pennsylvania Liquor Control Board ("PLCB").  office ofits election to do SO.  (F2898459.1)    LAW OFFICES 3171 E. Carson Street Suite 333 Pittsburgh, PA 15219  Main: 412-456-2001 Fax: 412-456-2019 www.tahetyohara.com  Faherty8OHara  name oft the applicant (here, Wawa, Inc.); (2) the address to which the license is being transferred (here, 770 Hellertown Road, Bethlehem, PA 18018); (3) the liquor license number (here, R- 17711);(4) a statement that aj public hearing was held on the requested resolution; (5) a statement that proper: notice ofthel hearing was published and (6) the name and address ofthe current licensee Further, the Liquor Code requires that notice of the public hearing be published once each week for two successive weeks in a newspaper of general circulation in the municipality. See 47 P.S. $102. Notices must state the time and place of the hearing and the matter to be considered at the hearing (i.e. request by Wawa, Inc. for an intermunicipal transfer ofa liquor license). Section 102 also provides that the first publication shall not bei more than 30 days before the date ofthe hearing and the second publication shall not bel less than seven (7) days before the date oft thel hearing. At thet time oft thej publicl hearing, my client and Iwill present complete information on theproposed operations of Wawa's new store and answer any questions that the City and/or its residents might have. However, ift there are any preliminary questions that you feel would assist the City Council ini rendering a decision on Wawa's request, please do not hesitate to reach out to me. Wawa will reimburse the City for all expenses related to the inter-municipal transfer hearing. Please send all Please email or call me as soon as possible when a hearing date is scheduled in order to be sure  (here, PA Overlook LLC, 4285 NI Delaware Drive, Mount Bethel, PA 18343).  invoices via email to Samantha Tipton at tpon@Tanetv-ahmcom my client and Ia are available to travel to and attend thel hearing.  ELLENPREEN Enc.  au  cc: Michael G. Colon, President of Council (via email to aomIehTpgoy  (F2898459.1)    RESOLUTION NO. 2023-  A RESOLUTION OF THE CITY OF BETHLEHEM, NORTHAMPTON COUNTY, PENNSYLVANIA, APPROVING THE TRANSFER OF RESTAURANT LIQUOR LICENSE NO. R-17711 BY WAWA, INC. WHEREAS, Act 141 of2000 ("the Act") authorizes the Pennsylvania Liquor Control Board ("PLCB") to approve, in certain instances, the transfer ofrestaurant liquor licenses across municipal boundaries within the same county regardless ofthe quota limitations provided for in Section 461 ofthe Liquor Code ifs sales ofliquor and malt or brewed beverages arel legal in the  INTOTHE CITY OF BETHLEHEM  municipality receiving the license; and  WHEREAS, the. Act requires the applicant obtain from the receiving municipality a resolution or ordinance approving the inter-municipal transfer oft the liquor license prior to the applicant'ss submission ofa an application to the Pennsylvania Liquor Control Board; and WHEREAS, the Liquor Code stipulates that, prior to adoption ofa a resolution or ordinance by the receiving municipality, at least one public hearing be held for the purpose of permitting individuals residing within the municipality to make comments and recommendations regarding the applicant's intent to transfer a liquor license into the receiving municipality; and 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 liquor license into the  municipality.  NOW, THEREFORE, BE ITI RESOLVED, that Wawa, Inc. has requested the approval of the City Council oft the City of Bethlehem for the proposed transfer of] Pennsylvania Restaurant Liquor License No. R-17711 from PA Overlook LLC, formerly located at 4285 N. Delaware Drive, Mount Bethel, PA 18343 to Wawa, Inc. to ai restaurant facility tol be located at770 Hellertown Road, Bethlehem, PA 18018 with the understanding that said transfer must be  approved at al later date by the Pennsylvania Liquor Control Board; and  BE: IT FURTHER RESOLVED, that the City Council oft the City of Bethlehem had held aproperly advertised public hearing pursuant to the notice provisions of $102 oft the Liquor Code  to1 receive comments on the proposed liquor license transfer; and  BEI IT FURTHER RESOLVED, that the City Council of the City of Bethlehem approves by adoption oft this Resolution thej proposed intermunicipal transfer ofl Pennsylvania Restaurant  Liquor License No. R-17711 to Wawa, Inc.; and  BE: IT FURTHER RESOLVED, that transfers, designations and assignments of licenses  hereunder are subject to approval by the Pennsylvania Liquor Control Board.  (F2898471.1)    DULY ADOPTED this  day of  2023, by the City Council of the  City of Bethlehem. ATTEST:  BY:  (F2898471.1)