[HISTORY: Adopted by the Borough Council of the Borough of Dormont 10-7-2013 by Ord. No. 1599 (Ch. 72A of the 1994 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes, but shall not be limited to, alcohol, malt or brewed beverages or wine, as defined in 47 P.S. § 1-102.
CONTAINER
Includes, without limitation, any receptacle, vessel or device capable of holding, storing or shipping alcohol. "Container" also includes the original can, bottle, box, vat or keg provided by the original distributor or manufacturer, as well as any and all glasses, mugs, cups or other similar devices from which liquids are customarily consumed.
OPEN CONTAINERS
With respect to the prohibition against the possession of an open container of an alcoholic beverage, means the original container in which the alcoholic beverage was purchased has been unsealed, and any amount of alcoholic liquid remains in it, whether or not the container itself has been placed in any wrapping, bag or other device so as to conceal from view, either partially or totally, said container.
PUBLIC WAY
Includes but shall not be limited to:
A. 
Any and all buildings, lands, parks, swimming pools or vehicles owned, possessed or leased by the Borough.
B. 
Any and all public streets, roads, avenues, sidewalks or thoroughfares in the Borough.
C. 
Any parking lot open to the general public and generally available for use by the public with or without payment of a fee. For the limited purpose of this definition, such a parking lot shall be deemed a public way such that consumption of alcohol and/or the display and/or possession of an open container of an alcoholic beverage shall be prohibited.
A. 
Except as specifically provided for in this chapter, the use, possession and consumption of alcoholic beverages in or on any and all Borough-owned or Borough-controlled property, including all parks, recreation centers, buildings, ball fields, grounds and vehicles, is expressly prohibited.
B. 
No person shall consume any alcoholic beverage, as set forth in the definition of "alcoholic beverage," in any form, whether in the original form, mixed or diluted to any degree, while in or upon any public way in the Borough.
C. 
No person shall possess or display any open container of any alcoholic beverage in or upon any public way of the Borough.
D. 
No person shall consume any alcoholic beverage or display or possess an open container of an alcoholic beverage upon the private property of another without the consent of the owner of said property. To the extent any person attempts to give consent contrary to the prohibition set forth above in the definition of "public way," the same shall be void.
This chapter shall not prohibit, nor shall it make illegal, any of the following:
A. 
Any sale, possession or consumption of alcohol which would otherwise be legal under the Pennsylvania Liquor Code of April 12, 1951, P.L. 90, Article I, Section 101 et seq. (47 P.S. § 1-101 et seq.).
B. 
The possession, consumption, sale or display of any lawful medication having any alcoholic content, whether a prescribed medication or an over-the-counter medication.
C. 
Any activity which would otherwise be prohibited by this chapter, except where a valid permit has been issued by the Borough for activities commonly known as "street or block parties."
Recreation buildings and pavilions at Dormont Park or Beggs Snyder Park. The use, possession and consumption of beer and wine only shall be permissible by a lessee holding a valid permit from the Borough for the use of a facility at either Dormont Park or Beggs Snyder Park, but not Dormont Pool, provided there is strict compliance with the following rules and regulations:
A. 
The lessee has submitted and obtained a permit for the use of the facility.
B. 
The lessee has submitted the supplemental alcohol permit application with all attachments to the Borough Manager, paid the applicable alcohol permit fee, and secured the permit prior to the use of the facility.
C. 
The supplemental alcohol permit application shall only be issued in conjunction with a properly issued permit for the same facility.
D. 
Neither beer nor wine shall be sold, bartered or traded.
E. 
There shall be no fee charged to enter the pavilion or to attend any event operated in conjunction with the lease of the facility. The intent of this provision is to prohibit events such as keg parties or beer and wine parties where the purpose and intent is to solicit/invite attendees to pay an attendance fee or per-drink fee. This provision is not intended to prohibit friends or families from sharing in the actual cost of food and refreshments for the event to be held at the facility.
F. 
The use, possession, distribution and consumption of beer and wine shall be solely limited to the interior of the facility. No alcohol of any type or variety shall in any way be consumed, displayed or used on the exterior of the facility.
G. 
In regard to the lease of the facilities, use of glass containers of any type for all beverages, including those for beer and wine, is expressly prohibited. This prohibition shall not prohibit wine and beer from being served from the manufacture's original glass bottles, but it shall prohibit wine and beer from being served in glassware.
H. 
The use, possession and consumption of beer and wine shall at all times be limited to those individuals permitted to do so under the applicable rules and regulations of the Pennsylvania Liquor Control Board.
I. 
The alcohol permit issued by the Borough shall at all times be visibly displayed during the lease period on the facility for which the permit was issued.
J. 
The person or persons who have signed the alcohol permit application shall be required to remain on the site of the leased premises at all times while beer or wine is present.
K. 
The facility permit and its supplemental alcohol permit shall expire at dusk, which is defined to mean sunset unless otherwise stated.
The use, possession and consumption of beer and wine at all Borough-owned and -controlled facilities, other than the park facilities noted above, is expressly prohibited, except as specifically set forth in this section:
A. 
Recognized community groups, civic groups, or other charitable organizations approved as 501(c)(3) organizations by the Internal Revenue Service may, upon specific approval by the Council of the Borough of Dormont, hold fund-raising events, awards dinners, recognition dinners, or installment events where beer and wine as the only alcoholic beverages may be served and consumed on Borough property, provided that:
(1) 
The organization or group has submitted and obtained a permit for the use of the Borough property.
(2) 
The organization or group has submitted the supplemental alcohol permit application with all attachments to the Borough Manager, paid the applicable alcohol permit fee, and secured the permit prior to the use of the Borough property.
(3) 
The supplemental alcohol permit application shall only be used in conjunction with a properly issued permit for the same Borough property.
(4) 
Fund-raising by the organization or group shall be permissible.
(5) 
The use, possession, distribution and consumption of beer and wine shall be solely limited to the interior of the Borough property. No alcohol of any type or variety shall in any way be consumed, displayed or used on the exterior of the Borough property.
(6) 
The use, possession and consumption of beer and wine shall at all times be limited to those individuals permitted to do so under the applicable rules and regulations of the Pennsylvania Liquor Control Board.
(7) 
The alcohol permit issued by the Borough shall at all times be visibly displayed during the lease period on the Borough property for which the permit was issued.
(8) 
The person or persons who have signed the alcohol permit application and the Borough property permit shall be required to remain on the site of the leased premises at all times while beer or wine is present.
(9) 
The Borough property permit and its supplemental alcohol permit shall expire at 11:00 p.m., prevailing time.
(10) 
If the group or organization leases the swimming pool, the use of glass containers of any type for all beverages, including those for beer and wine, is expressly prohibited. This prohibition shall not prohibit wine and beer from being served from the manufacturer's original glass bottles, but it shall prohibit wine and beer from being served in glassware.
The Borough reserves the right to permit, on a case-by-case basis, authorized organizations that qualify for and have been issued a special occasion permit under the rules and regulations of the Pennsylvania Liquor Control Board to do so to dispense only the alcoholic beverages of beer and wine in conjunction with Council-approved events, such as the Street Fair, to be held on Borough property, provided that:
A. 
Such organization has submitted a full and complete alcohol permit application to the Borough, together with all attachments and supplements as may be required.
B. 
Council has separately approved the dispensing of beer and wine on Borough property by the said organization, provided the organization has received a valid special occasion permit from the Pennsylvania Liquor Control Board and provided a copy to the Borough.
C. 
The said organization has provided the Borough with such insurance naming the Borough and Council as additional insureds in such amounts and with such coverage as Council may from time to time deem appropriate.
D. 
The organization has executed an indemnity and hold harmless agreement as the Borough may require.
E. 
The organization has otherwise agreed to all terms, conditions, and time limitations that Council may, in its sole discretion, impose for such use of Borough property.
The fee for the alcohol permit shall be as set by resolution of the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to any security deposit the Borough may require for the general use of its parks, pavilions and other buildings, a separate refundable security deposit shall be required for any permit to serve beer and wine. The security deposit for the alcohol permit shall be as set by resolution of the Borough Council. The terms and conditions for the release of all or any portion of the security deposit shall be as set forth in the alcohol permit application.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Allegheny County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).