Decision pending on fee for alcohol sales at convocation center
CALIFORNIA — California University of Pennsylvania and the borough will continue correspondence about a fee tied to an ordinance that allows the university to sell alcohol at the convocation center.
Jason Walsh, who presided over a zoning hearing Wednesday, said a decision should be made within 90 days.
Adopted last year, Ordinance 534 sets fees for events at the convocation center, where alcohol is sold. After extensive discussion about presented documentation, Walsh instructed attorney Stephie Ramaley, who is representing the university, to prepare any additional findings or facts to send to borough solicitor Keith Melenyzer within 30 days.
Melenyzer would have 15 days to respond, and Ramaley then would receive an additional seven days to address Melenyzer’s findings.
Specified in the ordinance are fees for holding an event at the center where alcohol is sold. Events that garner more people incur more costs, but Ramaley contends the fees are unfair.
The borough would charge the university $1,500 to hold an event with up to 3,000 people at the convocation center.
However, Ramaley said an event of that size wouldn’t cost anywhere close to that amount.
“Our argument is this is an impermissible tax that you’re not allowed to do,” Ramaley said. “The reason that it is an impermissible tax is that this amount does not accurately reflect the actual costs that are getting incurred.”
Aside from the costs, Ramaley said the university was under the assumption that it could sell alcohol at the convocation center as a permitted use under a different ordinance, which will be submitted for review, Ramaley said.
“That has always been our stance that we never needed to go for a special amendment or anything like that,” Ramaley said following the hearing.
Melenyzer contends that never was permitted and said he would elaborate more in upcoming discussions with the university’s legal representation.
At its previous hearing in June, Melenyzer requested a final witness before it could rest its case.
Robert Thorn, who serves as the university’s vice president for administration and finance, addressed questions from Melenyzer and Ramaley in regards to the university’s public safety budget, as it relates to events at the convocation center where alcohol is sold, and when backup support would be required.
As far as finances, Thorn said the university would be willing to offer financial support if the borough police department was needed for assistance.