Borough of Clarion, PA Chapter 54 Alcoholic Beverages

[HISTORY: Adopted by the Borough Council of the Borough of Clarion 6-6-1995 by Ord. No. 95-67. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation — See Ch. 146.

§ 54-1 Consumption and possession with intent to consume prohibited.

[Amended 12-20-2013 by Ord. No. 2013-798]

A person violates this chapter if he consumes any liquor or malt or brewed beverages or possesses, with the intent to consume, any open container which contains any liquor or malt or brewed beverages on Borough sidewalks, streets, alleys or property owned by the Borough.

§ 54-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

INTENT TO CONSUME

Includes any of the following:

[Added 12-20-2013 by Ord. No. 2013-798]

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing intent to ultimately consume on any public lands without permission.

LIQUOR

Includes any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol usable or taxable for beverage purposes which contain more than 0.50% of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.

[Amended 7-6-1999 by Ord. No. 99-691]

MALT or BREWED BEVERAGES

Any beer, lager beer, ale, porter or similar fermented malt beverage containing 0.50% or more alcohol by volume, by whatever name such beverage may be called.

[Amended 7-6-1999 by Ord. No. 99-691]

OPEN CONTAINER

Includes any open can, bottle, jar, cup, glass or other container from which any liquor or malt or brewed beverages may be consumed. A container shall be deemed to be open if it is not airtight.

POSSESS

Exercise of dominion over the container or beverage.

[Added 12-20-2013 by Ord. No. 2013-798]

PUBLIC

Affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood or any premises which are open to the public.

§ 54-3 General rule.

In an action or proceeding under this chapter in which a material element of the offense is that a substance is liquor or a malt or brewed beverage, all the following apply:

A. Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage.

B. Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or a brewed beverage.

§ 54-4 Violations and penalties.

[Amended 12-20-2013 by Ord. No. 2013-798]

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.