[HISTORY: Adopted by the Borough Council of the Borough of
Port Vue as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-15-1981 by Ord. No. 338 (Ch. 6, Part 3, of the
1989 Code of Ordinances)]
It shall be unlawful for any owner, proprietor, employee or
agent of any commercial house, tavern, restaurant or other places
of business to permit or allow any door of entry or exit to stand
open or ajar during business hours. "Door," as used in this article,
is defined as a moveable structure used to close off the entrance
or exit to a room, building or covered enclosure, of solid construction,
capable of diffusing and diminishing loud and raucous conversations,
loud and profane utterances, disturbing noises from a television set,
record player, radio, jukebox or other electrical transcription devices,
and loud and boisterous singing and shouting which disturb and intrude
on the tranquility and peace of the immediate neighborhood and which
is offensive to passersby. A screened or louvered door does not fall
within the definition of "door" as used in this section.
It shall be unlawful at any time for any purpose to possess,
display or drink from any open container having therein any alcoholic
beverage in public view on any sidewalk, street, parking lot, shopping
mall, public property or in or on any moving vehicle within the Borough
of Port Vue.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600; and/or to imprisonment for a term not to exceed 90 days. Each
day that a violation of this article continues shall constitute a
separate offense.
[Adopted 6-1-1988 by Ord. No. 388 (Ch. 6, Part 5, of the
1989 Code of Ordinances)]
The purpose and intent of the Council of the Borough of Port
Vue is not to alter, modify or usurp any of the laws of the Commonwealth
of Pennsylvania, it being recognized by the Council that it has no
authority to change, alter, modify or construe existing laws enacted
by the legislature of the Commonwealth of Pennsylvania.
All appropriate provisions of the Pennsylvania Liquor Code[1] 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.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
A.Â
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 sales are legally permitted to be sold.
B.Â
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 same at any time past the latest time when such
beverages are legally permitted to be sold.
C.Â
It shall be unlawful for any person to enter or remain on the premises
of any establishment permitted by law to dispense alcoholic and/or
malt beverages for the purpose of consuming such beverages in or about
such premises at a time more than one hour after the latest time when
sales of alcoholic and/or malt beverages are legally permitted for
such establishment.
D.Â
There shall be a presumption in all instances within the Borough
of Port Vue where all 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 dispense liquor or malt beverages under the laws of the Commonwealth
of Pennsylvania at a time more than one hour after the time permitted
for sales of such beverages by law, that such beverages have been
sold by the proprietor or the licensee of such establishment after
the time permitted for sales of alcoholic beverages by the aforesaid
regulation and laws.
The Police Department of the Borough of Port Vue shall be charged
with the duty of the enforcement of this article.
Any person convicted of a violation of any provision of this
article by any Magisterial District Judge or court having jurisdiction
of the case shall be subject to pay a fine of not more than $600 and/or
more than 90 days confinement in the Allegheny County Jail.
