Liquor Licenses in Wilkinsburg

Frequently Asked  Questions

The WCDC seeks to place a liquor license referendum, which would permit the sale of liquor licenses in Wilkinsburg, on the 2015 primary election ballot. The following Frequently Asked Questions & responses cover several topics surrounding the WCDC’s campaign and proposed referendum. If you have a question or concern that is not listed here, please contact Marlee Gallagher, WCDC Communications & Outreach Coordinator, at marlee@wilkinsburgcdc.org or (412) 727-7855. 

In addition, be sure to check out our general information about liquor licenses.

1.  What is the timeline for getting this referendum on the ballot?
From February 17 to March 9, 2015, the WCDC will organize volunteers to collect the 1,059 signatures needed to get the referendum on the ballot. If the required number of registered Wilkinsburg voters’ signatures is gathered, the referendum will be included on the primary election ballot on May 19, 2015. If you are interested in volunteering, please email marlee@wilkinsburgcdc.org or call (412) 727-7855.

2.  What is the question on the ballot, and is it specific enough?
The question is: “Do you favor the granting of liquor licenses for the sale of liquor in the Borough of Wilkinsburg?” We are required to use one of the Pennsylvania Liquor Control Board’s (PLCB) standard questions.  This question is the only one that applies to Wilkinsburg. The rest of the questions are too specific (for hotels, golf courses, etc.).

 3. Is there a limit to the number of licenses that would be available in Wilkinsburg?
Yes, based on the population of Wilkinsburg, 5 liquor licenses is the quota maximum. The Retail Quota Law allows the issuance of one restaurant liquor or eating place retail dispenser license for each 3,000 inhabitants. This means that 5 licenses could be transferred without approval.  Any additional licenses would require a public meeting and a municipal resolution.

 4. Are any new licenses available in Allegheny County?
No, Allegheny County has reached the quota. A prospective licensee must buy an existing license from someone who already holds one and apply, through the Bureau of Licensing, to have it transferred to a new owner, a new location, or both.

 5. Are there restrictions on the locations for licensed establishments?
Yes. A school, church, or playground can protest any potential establishment within 300 feet of their building.  A resident can protest a potential establishment within 500 feet of their residence.  Timely protests will result in a hearing where the protestant would present their case as to why the license would adversely affect the area.

 6. Is there a way to limit the license for restaurants only?
It is not possible to acquire bar licenses in Pennsylvania; all liquor licenses sold must primarily serve food. The establishment must be at least 400 square feet in size and must be equipped with tables and chairs to accommodate at least 30 people (sitting and eating) at one time. The most common type of license is a restaurant license. When the time comes, if there is concern that this is not strict enough, the Borough and/or WCDC can look into a Conditional Licensing Agreement, which would be an agreement between Wilkinsburg and the business owner that outlines certain stipulations, such as percentage of food service

 7. Does the Borough of Wilkinsburg have any control over who gets the five licenses?

• If an applicant is seeking a NEW LICENSE – Municipal approval is required by the PLCB when filing an application for a new restaurant/liquor or eating place retail dispenser license on an “economic development” basis.
• If an applicant is seeking to transfer an EXISTING LICENSE –The first five inter-municipal transfers would not require municipal approval under State law.
• Nearby boroughs including Forest Hills have enacted local ordinances to require local approval and Wilkinsburg is reviewing these ordinances.

 8. What is the cost of a liquor license?
Allegheny County has reached its maximum allowable number of liquor licenses. Therefore, no new licenses are being issued. A license would need to be purchased from an existing licensed establishment. The cost is whatever the market dictates, typically in the range of $50,000-$90,000.

9. Are zoning regulations ready for liquor licensed establishments? Can zoning changes realistically be ready by the primary in May?
The Borough of Wilkinsburg contracted Delta Development to update the zoning ordinance and borough map which will reflect the latest changes in land use law in the Commonwealth of Pennsylvania as well as meet all Pennsylvania MPC (Municipalities Planning Code) requirements. This work began in August of 2011 and was completed in June 2013. There is no specific provision in the MPC to regulate the location of establishments with liquor licenses. There are provisions that limit where a commercial establishment may be located, such as a restaurant.

10. What is the timeframe for trying to get a referendum on the ballot if it doesn’t pass this year?
If the referendum gets on the ballot and is not approved, we must wait 4 years before putting it on the ballot again. If we do not put it on the ballot in 2015, we can retry in 2 years.

11. Why not wait two more years?
Pursuing the option to allow liquor licenses to a limited number of eating establishments is one objective outlined in the Business District Revitalization Plan to help the Borough improve the economic vitality of the business district.

Since 2006, the Borough of Wilkinsburg has completed numerous studies, which total over half a million dollars in funding from the State and County governments, grants from foundations, and Borough funds. These studies range from broad Borough-wide recommendations such as the Wilkinsburg Comprehensive Plan of 2009 to specific feasibility studies for development, including the Wilkinsburg Train Station – Environmental, Architectural and Historic Evaluation and Redevelopment Feasibility Study 2010. The Borough government, WCDC and other stakeholders have been implementing the goals and objectives outlined in these plans and we must continue to do so or these plans will become obsolete and we will have to start over in several years.

12. Is there any evidence that investors have not chosen to develop in Wilkinsburg because liquor licenses are not available?
The WCDC has talked to investors who would consider hotels or restaurants but are deterred by the inability to obtain a liquor license. Several Wilkinsburg businesses have expressed interest in applying for a liquor license. This is not the only obstacle to new development and new businesses locating in Wilkinsburg, and the WCDC is working to address those issues along with other stakeholders in the community. For a summary of the WCDC Strategic Plan, visit www.wilkinsburgcdc.org/resources/plans-and-reports.

Nearby Pittsburgh neighborhoods, such as East Liberty, and neighboring boroughs, particularly Braddock, but also Forest Hills and Swissvale, have experienced immense development just in the past couple years. Much of this development relates to planned and newly established restaurants and venues that sell liquor.

13. Are BYOB establishments allowed in Wilkinsburg?
There is nothing in the Liquor Code or the Board’s Regulations that prohibits an individual from bringing his or her own alcohol into any establishment. The establishment is, therefore, free to allow or disallow patrons from bringing their own alcohol onto its premises.   The alcohol dispensed, however, must be legally procured in the Commonwealth of Pennsylvania.  Sections 491 and 492 of the Liquor Code make it unlawful for any person to possess any beer, wine or spirits within Pennsylvania that have not been purchased through a Pennsylvania wine and spirits store, a licensed limited winery, or from an entity licensed to sell malt or brewed beverages for off-premises consumption.  Patrons should be encouraged to bring receipts to establish that any alcohol they bring in was lawfully procured.  The establishment may, but need not, charge a corkage fee to handle any product brought onto the premises by its patrons. While PA Liquor Code and the Board’s Regulations are silent on BYOB establishments, there are restrictions on BYOB events found in the Pennsylvania Crimes Code and, frequently, in local ordinances.

 14. How difficult is it to shut down a nuisance bar?

• If the bar is shown to be a general nuisance, the District Attorney and Police can shut down a bar for a one year period under section 611 of the Liquor Code regardless of the establishment’s renewal status for its license.
• The LCB can shut down a bar only when it is renewing its license, which happens every 2 years. The LCB asks for local input 8 months before a renewal. They can only use documented evidence that is substantial in a court of law to shut down a bar. Sometimes, the LCB will shut down a bar, but the ruling will be challenged in court and the bar will stay open.

 15. Why are we tackling this issue when there are so many pressing issues in Wilkinsburg? Should we work on vacant property, high property taxes, or the school system before we tackle liquor licenses?
Since 2006, there has been a multi-pronged approach to the challenges facing the community of Wilkinsburg. Many of these initiatives are available on the Borough of Wilkinsburg or the WCDC’s websites, www.wilkinsburgpa.gov and www.wilkinsburgcdc.org

16. What are the next steps? Are there more scheduled meetings?
The WCDC will continue to work to address questions or concerns as they are brought to our attention at info@wikinsburgcdc.org. The next step will be to circulate petitions for signatures. If there are 1,059 signatures collected and the referendum is eligible for the May primary election, we will work with the Borough Council to schedule a public meeting. Borough Council and Planning Commission meetings are open to the public. The meeting schedule is available on the borough website, www.wilkinsburgpa.gov.

17. Are there specific locations in Wilkinsburg where a liquor-selling establishment must be located? Yes. According to Borough of Wilkinsburg code, a “Tavern or Bar” is permitted in Mixed Use, Central Business District, and C-1 zones on the Borough of Wilkinsburg Zoning Map. These types of establishments are also allowed as conditional uses in Transit Oriented District (TOD) zones. Note that conditional use is an authorized use, which may be granted only by Borough Council after review and recommendation by the Borough Planning Commission and public hearing by the Borough Council. Also note that, according to Borough of Wilkinsburg code, a “Tavern” is “any use in which the primary purpose is the sale of alcoholic beverages for on-premises consumption, which may or may not include dancing.” More information on this is available at ecode360.com/8425913?highlight=bars,bar. However, keep in mind that the PA Liquor Control Board does not grant liquor licenses to straight-up bars. The establishment must serve food and provide seating for at least 30 people.

As for concern regarding strip clubs and/or other adult entertainment venues, according to Borough of Wilkinsburg code, adult entertainment establishments are only allowed in industrial zones as a conditional use. The only industrially-zoned section in Wilkinsburg is along N. Robinson Blvd./Douglass Dr. (the orange section on the Borough of Wilkinsburg Zoning Map). More on adult entertainment establishments is available at ecode360.com/8425635#8425635.

Glossary of Terms:
BDRP – Business District Revitalization Plan 2010
Borough – Borough of Wilkinsburg
MPC – Municipal Planning Code
PLCB – Pennsylvania Liquor Control Board
Referendum – A question on the ballot. In this case, about liquor licenses
WCDC – Wilkinsburg Community Development Corporation