[HISTORY: Adopted by the Borough Council of the Borough of
Irwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-7-1993 by Ord. No. 791 (Ch. 6, Part 8, of the
1993 Code)]
Unless the context otherwise requires, as used in this article,
the following words or phrases shall be construed according to the
definitions set forth below:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2 of 1% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare or
other public property within the Borough, nor shall any person consume
any alcoholic beverage within five feet of any public way or thoroughfare
while on a private stairway, doorway or other private property open
to public view without the express or implied permission of the owner,
his agent or other party in lawful possession thereof.
No person shall possess any container of alcoholic beverage,
whether wrapped or unwrapped, which has been opened or on which the
seal has been broken in any manner on any public street, avenue, alley,
thoroughfare or other public property within the Borough, nor shall
any person possess any container of alcoholic beverage within five
feet of any public way or thoroughfare while on a private stairway,
doorway or other private property open to public view without the
express or implied permission of the owner, his agent or other person
in lawful possession thereof.
The provisions of §§ 80-2 and 80-3 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 80-1 hereof; provided, further, that the provisions of said §§ 80-2 and 80-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
Whosoever violates any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days.
[Adopted 11-13-1996 by Ord. No. 808 (Ch. 13, Part 5, of the
1993 Code)]
It is the purpose of this article to prohibit the operation
of establishments commonly referred to as "bottle clubs" within the
municipal boundaries of the Borough of Irwin. It shall, therefore,
be unlawful for any person, establishment, business, corporation,
partnership, enterprise or other adult-entertainment-related business
to operate any bottle club establishment within the Borough of Irwin.
As used in this article, the following terms shall have the
meanings indicated:
Refers to a person, establishment, business, corporation,
sole proprietorship, enterprise or other adult-entertainment-related
business that does not possess a valid Pennsylvania liquor license
that permits the adult general public to bring into the business enterprise
their own alcoholic beverages for consumption while patronizing said
business during the presentation of various adult entertainment activities,
including, but not limited to, nude dancing, exotic dancing or other
similar adult entertainment.
Any person, establishment, business, corporation, partnership,
sole proprietorship, enterprise or other adult entertainment-related
business that shall violate any of the provisions of this article
shall be subject to a fine not to exceed $600 and any other sanctions
permissible by law, including incarceration, if found guilty.
