[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:
Any liquid intended for human consumption containing more
than 1/2 of 1% (0.005) of alcohol by volume.
Includes any of the following:
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage.
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:
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]
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.
