435 Hamilton Street  
Allentown, Pa. 18101  
Allentown  
Minutes - Final  
City Council  
Wednesday, April 17, 2024  
6:15 PM  
Council Chambers  
Roll Call  
7 -  
Present:  
Cynthia Mota, Daryl Hendricks, Ed Zucal, Natalie Santos, Ce-Ce Gerlach, Candida  
Affa, and Santo Napoli  
PUBLIC HEARING – 6:15 PM  
INTERMUNICIPAL LIQUOR LICENSE TRANSFER REQUEST  
Allentown City Council will conduct a Public Hearing on Wednesday, April 17, 2024 at  
6:15 PM in Council Chambers, 435 Hamilton Street, Allentown, PA 18101. The purpose  
of the Public Hearing is to receive public comment on the request for the Intermunicipal  
Transfer of Liquor License Number E-1180 from Haaks School House, LLC, 8418 Bake  
Oven Road, Germansville, PA 18053 to 950 Hamilton Street, Allentown, PA 18101 (City  
Center Hospitality Ten, LLC). The transfer applicant is City Center Hospitality Ten, LLC.  
There will be a resolution on the council meeting that follows the public hearing that will  
allow City Council to approve or disapprove the transfer.  
Ms. Cynthia Mota stated the purpose of the Public Hearing is to receive  
public comment on the request for the Intermunicipal Transfer of Liquor  
License Number E-1180 from Haaks School House, LLC, 8418 Bake  
Oven Road, Germansville, PA 18053 to 950 Hamilton Street, Allentown,  
PA 18101 (City Center Hospitality Ten, LLC). The transfer applicant is City  
Center Hospitality Ten, LLC. There will be a resolution on the council  
meeting that follows the public hearing that will allow City Council to  
approve or disapprove the transfer. This Public Hearing was advertised in  
the Morning Call on March 31 and April 7 and the property was posted by  
Zoning and notices were sent out. The proof of publication and pictures of  
the posting are part of the agenda and the Clerk’s file. The  
President describes the procedure for the Public Hearing: We are here to  
primarily to take public testimony. The Solicitor will provide a quick  
overview the transfer process, the petitioner will give a presentation; and  
afterwards consider council questions and take public comments.  
Mr. Michael Hanlon stated that this is for the record, Councilperson Santo  
Napoli has just joined the meeting.  
Attorney Charles Smith thanked President Mota and stated that the reason  
this is before Council tonight is because there is a request to transfer a  
Liquor License from one municipality to another. It is from Germansville in  
Lehigh County to Allentown in Lehigh County. Under those circumstances,  
it is statutorily required under 47 P.S. Liquor § 4-461B3 as well as  
under the PA Code at 43 P.A. Codes Section 7.61. That the applicant  
requests approval from the receiving municipality which is us. Because the  
liquor license will be coming into Allentown. Under the Code, it is required  
that they conduct at least one Public Hearing as the receiving municipality  
to receive comments and recommendations from interested individuals.  
That is why they are here tonight. They have a duty to render a decision  
within 45 days of the application and then once a decision is made, they  
have an obligation as you stated to approve or disapprove it by resolutions  
so that they have an answer on record. He stated with that he would say  
that is the purpose they are here and the procedure that they are here and it  
is appropriate for Mr. Berger to proceed at this point.  
Attorney David Berger thanked Solicitor Smith and stated good evening  
members of Council, his name is Dave Berger. He is an attorney at Norris  
McLaughlin and represents the applicants City Center Hospitality Ten,  
LLC. regarding the Intermunicipal Transfer of the Eaton Place Liquor  
License E-1180 to the applicants proposed premises at 950 Hamilton  
Street in Allentown. He has Jill Wheeler along with him. She is the vice  
president of Lehigh Valley and is part of City Center Ten. He stated that he  
is going to ultimately describe to the board the plan use and can offer her  
as being sworn in and providing proof that everything he is saying is true  
and correct tonight if that is something that Council would request. The  
purpose of the Hearing is to determine whether or not allowing a liquor  
license at the premises would adversely affect the health, safety, and  
welfare of the surrounding community. The proposed restaurant is located  
on the first floor of a mixed use building currently under construction on  
Hamilton Street between S. 10th Street and Fountain Street. There is  
adequate access to parking by way of both street parking surrounding the  
premises along with the nearby Linden Street and Walnut Street Parking  
Garages. He has provided everyone what is preliminary marked a drafted  
floor plan of the proposed premises. The proposed restaurant space itself  
is 1,500 square feet. That actually includes the kitchen as well. It is a very  
small area. It is sufficient to hold seating for approximately 34 patrons. The  
applicant is currently in negotiations with a number of operators. The plan  
is to open the space as a fast casual neighborhood ethnic spot. In addition  
to the seating of 34 patrons, there is also going to be an exterior takeout  
window which will provide for the takeout food sales. The applicant is also  
looking to open the business as an amenity for the people who live in the  
surrounding neighborhood and residences that live on the second, third,  
and fourth floors above the commercial space. As a fair comparison to this  
expected operation would be Amigos Mexican Grill. That is also there  
within the city, not that far away. The applicant also has a vested interest to  
not put an operator in a space that is going to disturb the upstairs tenants  
as well as the surrounding community. The applicant will not be putting an  
operating in the space to try to operate a club or hangout spot because of  
the size and everything around it. This is purely a fast casual restaurant  
and they are just looking to have alcohol sales ultimately as a service and  
an additional amenity for anyone who is visiting the premises. While they  
haven't really decided or finalized with an operator yet, it is hard for him to  
provide actual hours of operations to everyone. However, with discussion  
with these operators, the proposed hours of operation will either be 7:00  
AM to 11:00 PM, Monday through Sunday or 11:00 AM to 11:00 PM.  
Ultimately, the reason for that is figuring out whether or not they will be able  
to capitalize on the breakfast crowd. If they are not going to cater to the  
breakfast crowd, chances are the hours are going to be from 11:00 AM. If  
they are going to do breakfast, the operated will be open sometime around  
7:00 AM. That being said, the Liquor Control Board doesn't allow alcohol  
sales during those same hours. He believes how it works is actually 7:00  
AM they can start selling alcohol for takeout sales every day, except  
Sunday which sales cannot start until 9:00 AM. That being said alcohol  
sales are not will not be the primary thing at this establishment. He wouldn't  
expect a large amount of alcohol sales in the morning. What he wants to  
make clear to the board is that this is also not going to be an establishment  
that is open until 2:00 AM. The 11:00 PM hours are frankly hours that they  
might close earlier depending on how much foot traffic they are receiving.  
He would anticipate that the hours of operations would be no later than  
11:00 PM or could be closing earlier. With regards to security on the  
premises, there are two cameras which secure and monitor the outside of  
the building, both the interior access to the residents as well as the  
commercial space. In addition to that, the applicant also has 24/7 security  
employees that are monitoring the premises as well as their other  
premises in the neighborhood and it is fair to say there will be a security  
guard passing by this operation at least a minimum of once every hour.  
That being said, the operator will have the ability to communicate with 24/7  
security if there are any problems at the facility. With regards to employees  
and employee sales and services, because they are going to be a liquor  
license establishment, they will not be able to have any sales made by an  
employee under the age of 18. Anyone that is ringing up an alcohol sale  
will be at least 18 years of age and will have to be RAMP trained. It is short  
for Responsible Alcohol Management Program. It is a test that every  
owner and manager of the licensee needs to take it is something that has  
to do in person and it teaches them how to spot visibly intoxicated patrons.  
Tells everyone to ID everyone who looks 35 or younger and ultimately make  
sure a lot of the requirements of the liquor code is not violated by the  
applicant. That being said, it is kind of the general outline. He is certainly  
here to answer any questions that the board might have or any questions  
that the public might have. He stated that he can certainly assist.  
Ms. Cynthia Mota asked if there were any questions.  
Mr. Ed Zucal stated that this is a good idea. He has concerns about how  
much of this going to be takeout establishment because it is pretty much  
close to a residential neighborhood. It is going to be and knows that  
Attorney Berger didn't say it was mainly that, but what is the anticipation.  
Attorney David Berger stated that he doesn't believe that they are  
anticipating that takeout alcohol sales are going to be even more of the  
majority of the sales. He would assume even in regards to takeout sales,  
what they can sell in takeout in any one transaction is limited. They can sell  
no more than a 12 pack in any one single transaction. So he would  
ultimately anticipate that they are marketing food. They are going to market  
an operator that is going to come in there and put a first class facility for  
food and this is not something where it is going to be marketed as a  
convenience store or something like that where they can come in and buy  
booze for takeout and primarily takeout. With regards to the to go window  
on the plan, his understanding is what they can see it is not much by way of  
accessing the to go window to enter the premises and grab beer to go.  
Ultimately, the beer to go may be stored in other areas, but it is not going to  
be easily assessible going through the takeout line. Ms. Cynthia Mota  
thanked Mr. Zucal and said go ahead Ms. Affa.  
Ms. Candida Affa stated that you are not going to be able to drive thru for  
pickup.  
Attorney David Berger stated that is correct.  
Ms. Candida Affa stated that 11:00 is great. She stated that they had too  
many problems in that area with bars. It is nice to see something like this.  
It is closing at 11:00. Although when she was younger, she would say like  
11:00. It is a nice spot and a nice place where people will be able to go  
and not have the problem bars that we have in the past in that area. She  
stated that she guesses it is amazing. It is only seating for 34.  
Attorney David Berger stated correct and stated like he said it is not going  
to be a bar and hangout for people to sit down. They just want to be able to  
sell an alcoholic beverage if somebody wants to sit and have a drink with  
whatever food that they are eating at night. Certainly with 34 seats, it is not  
somewhere will it would be overly packed. They are going to encourage  
people sitting there for very long periods of time. The longer people sit, the  
less you earn from other people in the public.  
Ms. Candida Affa asked if it is going to be any entertainment like karaoke  
or a piano bar, a band or things like that because of the neighborhood  
here.  
Attorney David Berger stated that he can't say yes or no because they are  
still trying to particular figure out the operator. What he would offer to the  
board is that looking in the plan, there is no way in that license space where  
you can fit a band. He would also have concerns with noise violations with  
regards to amplified music. He would be very surprised if they were able to  
fit a band or have that in there.  
Ms. Candida Affa talked about karaoke.  
Attorney David Berger stated that still with karaoke and looking with what  
this plan is and you have seating. With the Liquor Board, you have to have  
seating for 30 at all times. You can't move the seating out of the way or not  
have seating available to setup karaoke that would be a Liquor Control  
enforcement problems.  
Ms. Candida Affa stated that is only a space this big. She knows because  
she had a small bar. The fact that you are closing at 11 and even if you had  
karaoke at happy hour at 5:00 to about 6:00. She doesn't think it would be  
a problem.  
Attorney David Berger stated that ultimately post Covid the adage is true.  
Nothing good happens after 12. You are seeing a lot of bars and  
restaurants not really wanting to be opened past that time because nothing  
good comes from it.  
Ms. Candida Affa stated that she agrees.  
Mr. Daryl Hendricks stated that this is a great idea. The size of it being  
very limited. He stated that it would add to the area attractions. One thing  
they need downtown is more attractions for people to come to. He would  
also remind his colleagues that two blocks west of that was the Brass Rail  
which was much larger and that was open much later. He doesn't think that  
it will have a deterring effect at all on the community or loud music or  
anything like that. He thinks it can help enhance the quality of life in that  
area, especially for people living near by there. It seems to be a nice  
eclectic little quiet spot to go to.  
Attorney David Berger stated that is what they are hoping for.  
Mr. Daryl Hendricks stated thank you.  
Ms. Cynthia Mota thanked Mr. Hendricks.  
Ms. Ce Ce Gerlach stated two questions, you have mentioned across the  
street and asked what ethnic food are you looking for.  
Attorney David Berger stated that they are trying to figure out the operator.  
They are based upon the operator that type of food will ultimately  
determine. Amigo's is currently a tenant of theirs so if you are asking if they  
are specifically compete with their tenant across street. He doesn't believe  
it is across the street. He thinks he used it as a comparison. Certainly they  
are not looking to opening compete with their existing tenants.  
Ms. Ce Ce Gerlach stated that her second question and this might be for  
someone in the city. She asked if there are any issues being that this is  
right beside a Youth Development Center to have a bar there. She asked if  
they are good with that.  
Attorney David Berger stated that the way it particularly works is there are  
under the Liquor Code, there are things like daycares if they are within 300  
feet of the premises. They are able to file a protest if they are concerned  
with the Liquor License Transfer being that close to their area. Ultimately,  
the way it work is that they defer to the Liquor Control Board by going  
through a protest if they have an objection they have at the time of the  
license transfer.  
Ms. Ce Ce Gerlach asked how do they get notified.  
Attorney David Berger stated that they will see when the application is filed  
a big bright orange placard will be posted conspicuously on the premises.  
When that is posted, they will have 30 days. They are not legally allowed to  
post that in the window where it is not meant snap dab on the street where  
you can see it.  
Ms. Cynthia Mota thanked Ms. Gerlach and asked if they had any concerns.  
Attorney David Berger stated that he does not have any concerns.  
Ultimately, everyone is going to be RAMP trained. Please are going to be  
ID'd. They are certainly not looking to overserve anyone. Their employees  
are going to train people that are intoxicated. They are going to be told not  
to serve those people. He is certainly not concerned with that. He has  
been doing this for a long-time and haven't particularly run into any issues  
with any kinds of these operations. Having issues or causing problems  
with daycares or child centers.  
Ms. Cynthia Mota stated that is good to know. She asked if there were any  
other questions from Council or any questions from the public.  
Mr. Michael Hanlon stated just for the record, the property was posted,  
notifications went out to abutting property owners and they were  
advertisements in the newspaper.  
Attorney Charles Smith recommended when Mr. Berger wraps up, that they  
invite members of the public who considers themselves interested to  
comment should they like to. He stated that he would ask for public  
comment once he wraps up.  
Attorney David Berger stated that certainly he has no problem and he will  
take a seat, but will be here to respond to any question if any public  
comment or any questions from the public come up.  
Ms. Candida Affa stated when you put that orange sticker on there, it allows  
the public to make comments to the Liquor Control Board. That is public  
comments right there.  
Attorney David Berger stated correct. To be fair, the way it works is  
anyone can file a protest with the PLCB. Certainly what matter is the  
license establishments within 200 feet. The daycare centers within 300  
feet, churches within 300 feet. They will certainly have the opportunity to file  
a protest if they want to.  
Ms. Candida Affa stated that they will have the opportunity to protest.  
Ms. Cynthia Mota asked if there were any comments from the public.  
15-6833  
R64 To be introduced this evening.  
A RESOLUTION OF CITY OF ALLENTOWN, COUNTY OF LEHIGH,  
COMMONWEALTH OF PENNSYLVANIA, APPROVING THE  
INTERMUNICIPAL TRANSFER OF LIQUOR LICENSE NUMBER E-1180  
FROM HAAKS SCHOOL HOUSE, LLC, 8418 BAKE OVEN ROAD,  
GERMANSVILLE, PA 18053 TO CITY CENTER HOSPITALITY TEN, LLC,  
950 HAMILTON STREET, ALLENTOWN, PA 18101  
Attachments: R64 Liquor License Transfer City Center Hospitality Ten, LLC  
950 Hamilton Street - Liquor License Transfer Request (Mailing List)  
City Center Hospitality Ten, LLC License Posting II  
City Center Hospitality Ten, LLC License Posting I  
Letter from Mike Hanlon regarding Liquor License Transfer Request -  
City Center Hospitality Ten, LLC  
The Morning Call Ad 7608292  
Resolution #30832  
Enactment No: 30832  
ADJOURNED: 6:32 PM