Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 12-8-1986. Amendments noted where applicable.]

§ 46-1 Title.

This chapter shall be known and may be cited as an "Ordinance Regulating the Possession and Consumption of Alcoholic Beverages Upon Public Property Situate Within the Municipality of Kingston and Areas Adjacent Thereto."

§ 46-2 Prohibited acts.

No person, individual, group or association shall:
A. 
Possess, carry or transport liquor, wine, beer or other alcoholic beverages in an open container in or upon any public sidewalk, street, lane, highway, parking lot, recreational area or other public property within the Municipality of Kingston, nor shall any person perform any of the foregoing acts on the private property of another adjacent to the aforestated public areas without the express permission and consent of the owner or owners of such property.
B. 
Possess, carry or transport liquor, wine, beer or other alcoholic beverages in an open container while operating a motor vehicle in or upon any public sidewalk, street, lane, highway, parking lot, recreational area or other public property within the Municipality of Kingston, nor shall any person perform any of the foregoing acts on the private property of another adjacent to the aforestated public areas without the express permission and consent of the owner or owners of such property.
C. 
Distribute, drink or otherwise consume any liquor, wine, beer or any other alcoholic beverages in or upon any public sidewalk, street, lane, highway, parking lot, recreational area or other public property within the Municipality of Kingston, nor shall any person perform any of the foregoing acts on the private property of another adjacent to the aforestated public areas without the express permission and consent of the owner or owners of such property.

§ 46-3 Permit required.

The provisions of this chapter shall not prohibit any person, individual, group or association from possessing, distributing, drinking or otherwise consuming liquor, wine, beer or other alcoholic beverages in or upon any of the aforesaid areas within the Municipality of Kingston if that person, individual, group or association shall first obtain a permit as hereinafter set forth.

§ 46-4 Conditions for issuance of permit.

When a permit is required:
A. 
The said individual, group or association must apply with the Chief of Police of the Municipality of Kingston, or his duly authorized representative, no later than three (3) days prior to the date scheduled for the using of alcoholic beverages.
B. 
The said individual, group or association or duly authorized representative must expressly agree, in writing, to assume full responsibility for supervising the conduct of said group or individual as benefiting from such permit and to properly clean up and restore the premises after use to their prior condition.
C. 
The said individual, group or association must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served or allowed to consume alcoholic beverages at the permitted event or gathering.
D. 
The said individual, group or association shall agree, in writing, that no alcoholic beverages will be distributed or consumed other than on the specific premises and on the specific date and times described in the permit.
E. 
The said individual, group or association shall agree, in writing, that no alcoholic beverages as above described shall be sold, furnished or given to any person visibly intoxicated or to any insane person or to habitual drunkards or to persons of known intemperate habits.
F. 
The said individual, group or association shall agree, in writing, to indemnify and save the Municipality of Kingston, its officials, agents and employees harmless from any liability for damages which result from the distribution or use of alcoholic beverages as authorized by the permit.

§ 46-5 Prior violations.

No permit will be issued to any individual, group or association which has previously been issued a permit and has failed to comply with the provisions thereof.

§ 46-6 Violations and penalties.

The violation of any of this chapter shall be punishable by fine of not less than twenty-five dollars ($25.) and not more than three hundred dollars ($300.), plus costs of prosecution, or to a term of imprisonment, the maximum of which shall be not more than thirty (30) days. Each day that alcoholic beverages are possessed, consumed, sold or distributed contrary to the provisions of this chapter shall constitute a separate offense.