Township of Rochester, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rochester as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-18-1985 by Ord. No. 309 as Art. 723 of the 1985 Codified Ordinances; amended in its entirety 7-19-2001 by Ord. No. 388]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any liquid intended for human consumption containing more than 1/2 of 1% (0.005) of alcohol by volume.
INTENT TO CONSUME
Includes any of the following:
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 an intent to ultimately consume on any public lands without permission.
OPEN CONTAINER
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.
PUBLIC PLACE
Any place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground or park located within the Township, except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within a person's own private property.
No person shall drink or consume an alcoholic beverage or possess with the intent to consume an open container containing an alcoholic beverage in any public place except at a function for which a permit has been obtained from the Township Manager or his/her designee, as may be required.
Possession with the intent to consume of an open container containing an alcoholic beverage by any person shall create a violation of this article.
Any person who shall be found to have violated any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of fine and costs, to imprisonment for not more than 30 days.
[Adopted 9-18-2014 by Ord. No. 453]
The purpose of this article is to define and regulate the hours of operation of bottle clubs in order to preserve and protect the health, safety, and general welfare of the citizens of the Township and protect the rights of citizens to the quiet enjoyment of their property.
As used in this article, the following terms shall have the meanings indicated:
BOTTLE CLUB
A membership composed of a group of people which permits the consumption of alcoholic beverages on a premises without charge for the alcoholic beverages.
A. 
It shall be unlawful and a violation of this article for any person(s), corporation, partnership, firm, business, or entity to own, operate, lease, manage or control a bottle club without having first obtained valid approval through a conditional use hearing required through the Township's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 162, Zoning.
B. 
It shall be unlawful and a violation of this article to transact business between the hours of 2:00 a.m. and 12:00 noon any day of the week.
C. 
No person(s) under the age of 21 will be permitted to consume alcohol or enter the premises during business hours.
D. 
No bottle club shall operate or permit illegal activities to take place on the licensed premises.
Any person(s), corporation, partnership, firm, business, or entity committing any act(s) prohibited herein shall violate this article. A monetary fine up to $500 shall be prescribed for violating this article. Each violation of this article constitutes a separate offense, and each day a violation of this article continues shall constitute a separate offense, subject to the penalty for each violation.
If any section, subsection, clause or portion of this article is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of the remaining provisions of this article.