Borough of Lehighton, PA
Carbon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 4-28-2014 by Ord. No. 611-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 49, Alcoholic Beverages, adopted as Ch. 51 of the 1975 Code, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Any spirits, wine, beer, ale or other liquid containing more than 1/2% alcohol by volume which is fit for beverage purposes.
CONTAINER
Any bottle, can or other vessel in which alcoholic beverages are contained.
PUBLIC PLACE
Any street, avenue, highway, alley, sidewalk, or other public property including Borough-owned properties within the corporate limits of the Borough.
It shall hereinafter be unlawful for any person to:
A. 
Consume any alcoholic beverage in or on any public place within the Borough of Lehighton.
B. 
Carry or possess any opened container containing any alcohol beverage while in or on a public place within the Borough of Lehighton.
C. 
Consume any alcoholic beverage on property of another, not including an establishment licensed by the Pennsylvania Liquor Control Board, except with the consent of the owner or legal occupants thereof.
D. 
Carry or possess any opened container containing any alcoholic beverage on the property of another, not including an establishment licensed by the Pennsylvania Control Board, except with the consent of the owners or legal occupants thereof.
Provided however, that the provisions of § 49-2 above shall not apply to any person possessing and/or consuming alcoholic beverages at the recreation center or at a special event providing a permit has been obtained as per the following requirements:
A. 
Recreation center.
(1) 
The Borough of Lehighton owns and operates a recreation center on 8th Street between Iron Street and Alum Street. Any person who rents the recreation center for an event, who wishes to have alcohol beverages served or consumed within the recreation center must complete an application and submit the completed application to the Recreation Center Director at least 30 days in advance of the proposed event.
(2) 
Applications for alcoholic beverages at the recreation center shall be available through the Recreation Center Director or at the Borough Administrative Offices, during normal business hours, and must be completed and signed by the applicant or an officer or authorized agent of the applicant.
(3) 
The application will contain at a minimum of the following:
(a) 
Name, address, telephone number and fax number (if applicable) of the applicant and if the applicant is an organization, the name, address, telephone number and fax number (if applicable) of the contact person for the organization.
(b) 
The name of the individual or organization that will be responsible for overseeing the event.
(c) 
The date and time of the event.
(d) 
The nature of the event; that is, whether the event will be a wedding, bridal shower, etc.
(4) 
Review and approval by Recreation Director. The Recreation Director shall review the application and shall determine whether or not the service of alcoholic beverages shall be permitted.
B. 
Special events.
(1) 
Any person, persons, corporations, or other organizations or groups of individuals desiring to have alcohol beverages consumed and/or possessed on or at a public place shall complete an application for such permit and submit the completed application to the Borough Secretary at least 45 days in advance of the proposed event.
(2) 
Applications for the service and possession and consumption of alcoholic beverages will be available at the Borough Administrative Offices during normal business hours and must be completed and signed by the applicant or an officer or authorized agent of the applicant.
(3) 
The permit application will contain at a minimum the following.
(a) 
Name, address, telephone number and fax number (if applicable) of the applicant and if the applicant is an organization, the name, address, telephone number and fax number (if applicable) of the contact person for the organization.
(b) 
The name of the individual or organization that will be responsible for overseeing the event.
(c) 
The proposed site, date and time of the event.
(d) 
The nature of the event may be a public celebration on public property at which the general public would be invited and permitted to attend.
(4) 
An inspection of the proposed site for the possession and consumption of alcohol beverages shall be conducted by the Borough Manager, Borough Council and/or their designees. If Borough Council deems it appropriate to permit the consumption and possession of alcohol in or on the public place, the Borough Council shall designate the area where alcohol may be served, possessed or consumed. Any applicant must abide strictly by the permit being granted.
(5) 
The approval of the application by Borough Council will be required prior to the issuance of a permit by the Borough Manager.
(6) 
Following approval by Borough Council, the Borough Manager shall issue the permit in accordance with any restrictions and/or requirements imposed by Borough Council.
A. 
Any applicant under § 49-3A above, at the time of application, shall provide a certificate of insurance to the Borough showing that the applicant has obtained comprehensive general liability insurance and property damage insurance in an amount not less than $1,000,000 naming the Borough as an additional insured for personal injury, bodily injury, death, damage or injury to or destruction of property.
B. 
The permittee under § 49-3A and B shall agree to hold harmless and indemnify the Borough, its officers, agents and/or employees from any liability arising from the event for which the permit is issued. This language shall appear on the permit as issued.
C. 
The permittee under § 49-3A and B shall provide such security as may be required by Borough Council to ensure that all requirements of the permit are followed and all laws of the Commonwealth and of the Borough are obeyed.
D. 
The permittee under § 49-3A and B shall obtain such approval from the Liquor Control Board or such other agencies or entities as may be required to comply with all applicable laws.
Whosoever violates any of the provisions of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and in default of payment, to be imprisoned for a period not to exceed 30 days.