[HISTORY: Adopted by the Borough Council of the Borough of Charleroi as indicated in article histories. Amendments noted where applicable.]
Article I Regulation of Drinking Establishments
Article II Open Containers and Public Consumption
[Adopted 2-10-1987 by Ord. No. 833; readopted 10-8-1991 by Ord. No. 873 as Ch. 41, Art. I, of the 1991 Code]
Closing time. It shall be unlawful for any person to enter or remain in any establishment licensed by the Pennsylvania Liquor Control Board for the sale of alcoholic beverages at a time more than 1/2 hour after the latest time when sales of alcoholic beverages are legally permitted for such establishment.
Last call; duty of bar owner. It shall be unlawful for the owner, proprietor or other person legally responsible for the operation of any premises licensed by the Pennsylvania Liquor Control Board for the sale of alcoholic and/or malt beverages to permit the sale of the same at any time past the latest time when such beverages are legally permitted to be sold.
Last call; duty of bartenders. It shall be unlawful for a steward, manager, bartender or any other person to sell, furnish or serve alcoholic and/or malt beverages to business patrons, guests or invitees at any time past the latest time when such beverages are legally permitted to be sold.
Presumption of sale. There shall be a presumption in all instances within the Borough where alcoholic beverages are found unconsumed but in the possession or control of any customer, patron or any person other than the proprietor or licensee of any establishment permitted to sell liquor or malt beverages at a time more than 1/2 hour after the time permitted for sales of such beverages by law, that such beverages have been sold by the proprietor or licensee after the time permitted for such sales.
The Police Department shall be charged with the duty of enforcing this article.
All appropriate provisions of the Pennsylvania Liquor Code and those rules and regulations of the Pennsylvania Liquor Control Board are hereby incorporated into the terms of this article as if the same were set forth in their entirety.
[Adopted 8-8-1989 by Ord. No. 858; readopted 10-8-1991 by Ord. No. 873 as Ch. 41, Art. II, of the 1991 Code]
The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
- LIQUOR and MALT OR BREWED BEVERAGES and CONTAINER
- These words and phrases shall have the same definitions as set forth in the Liquor Code of the Commonwealth of Pennsylvania, or, if not defined in the Liquor Code, the normal common sense definitions of such words shall apply.
- When used in connection with a container, shall mean any container which has been perforated, in the case of a can or similar container, or a container on which the cap has been removed.
No person shall drink or consume liquor, wine, beer, malt beverages or similarly brewed beverages or other alcoholic beverages in or upon any public sidewalk, street, lane, parking lot, park or recreation area, or other public property within the Borough, except as hereinafter provided.
No person shall have, possess, carry or transport liquor, wine, beer or malt beverages in an open bottle or other open container upon any public sidewalk, street, lane, parking lot, park or recreation area, or other public property within the Borough, except as hereinafter provided.
Possession, consumption and/or transportation of alcoholic beverages in any motor vehicle shall be restricted and prosecuted pursuant to the State Vehicle Code, 75 Pa.C.S.A. § 3809, Restriction on alcoholic beverages.
No person shall discard alcoholic or other beverage containers upon any public sidewalk, street, lane, parking lot, park or recreation area, or other public property within the Borough, except in approved receptacles or containers for the said purpose.
If any person desires to possess, distribute or consume alcoholic beverages on public property in the Borough, said person must apply to the Chief of Police or his duly authorized representative for a permit therefor not less than three days prior to the date of the scheduled event for which the permit is requested. No fee shall be charged for the said permit granted; however, a permit shall be issued only upon the following conditions:
If such person intends to sell alcoholic beverages, then such person must provide the Chief of Police with a copy of a State Liquor Control Board permit declaring they will adhere to the rules and regulations of the State Liquor Control Board.
Such person must agree, in writing, to assume full responsibility for supervision of the event and the conduct of the group or individuals benefiting from such permit and to properly clean up and restore the premises, after use, to its prior condition.
Such person must agree, in writing, that adequate precautions shall be taken to insure that minors or intoxicated persons will not be served or allowed to consume alcoholic beverages at the permitted event.
No alcoholic beverage shall be distributed or consumed other than on the specific premises described in the permit and only during the time therein stated.
No permit shall be issued to any person who has failed on a previous occasion to comply with the provisions for the granting of a permit.