[HISTORY: Adopted by the City Council of the City of West Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-1985 by Ord. No. 222]
No establishment operating under a nightclub permit shall remain open past the closing times established by Section 30-91 of the Connecticut General Statutes for other classes of liquor permits listed in Section 30-21a of the General Statutes of Connecticut. Therefore, the sale, dispensing or consumption of alcoholic liquor or the presence of alcoholic liquor in glasses or other receptacles suitable to permit the consumption of alcohol by an individual is prohibited in such establishments after such closing times.
The penalty for a violation of this article shall be not more than $100. Each day the violation continues shall be considered a separate offense. Fines shall be levied against the permittee.
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOL, ALCOHOLIC LIQUORS, ALCOHOLIC BEVERAGES, SPIRITS, WINE and BEER
- Shall be defined as set forth in the Liquor Control Act, Section 30-1 et seq. of the Connecticut General Statutes.
- BOTTLE CLUB
- Any establishment operated for profit or pecuniary gain which is not licensed by the Connecticut Department of Consumer Protection and admits patrons upon payment of a fee, cover charge or membership fee and in which alcohol, alcoholic liquors, alcoholic beverages, spirits, wine or beer are not legally sold but where alcohol, alcoholic liquors, alcoholic beverages, spirits, wine or beer are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use or consumption. The term shall not include a licensee under the Liquor Control Act.
- BYOB CLUB
- Any facility operated for profit or pecuniary gain which is not licensed by the Connecticut Department of Consumer Protection wherein patrons may consume alcohol, alcoholic liquors, alcoholic beverages, spirits, wine or beer which said patrons have carried or brought into the premises. The term shall not include a licensee under the Liquor Control Act or any facility which is rented for a limited period of time, not to exceed 10 hours, by an individual or organization for the purpose of a private party.
Editor's Note: See Title 30, Chapter 545, of the Connecticut General Statutes.
It shall be unlawful and a violation of this article for any person(s), corporation, partnership, firm or other entity to own, operate, lease, manage or control a bottle club or a BYOB club without having first obtained a valid permit issued by the West Haven Police Department.
It shall be unlawful and a violation of this ordinance for any person(s), corporation, partnership, firm or other entity to own operate, lease, manage, or control a bottle club or a BYOB club without maintaining in force and effect at all times broad-form general liability insurance coverage with limits of $1,000,000 per occurrence. Proof of such coverage shall be submitted with the initial application for a permit or any renewal.
It shall be unlawful and a violation of this ordinance for any person(s), corporation, partnership, firm or other entity owning, operating, leasing, managing or controlling a bottle club or BYOB club to allow entry thereto by, or allow provision to or consumption by, persons under the age of 21 years of any alcohol, alcoholic liquors, alcoholic beverages, spirits, wine or beer.
It shall be unlawful and a violation of this ordinance for any person(s), corporation, partnership, firm or other entity owning, operating, leasing, managing or controlling a bottle club or BYOB club to be open for business or transact business between the hours 2:00 a.m. and 8:00 a.m. prevailing time of each day, and/or before 12:00 noon on Sundays.
The West Haven Police Department is hereby authorized and directed to enforce the terms of this ordinance.
Any person or entity committing any act(s) prohibited herein shall be in violation of this ordinance.
This ordinance shall be enforced pursuant to the provisions of Chapter 128 of the Code of the City of West Haven governing the local enforcement of ordinances.
An administrative fine of $500 is prescribed and shall be paid for any violation of this ordinance.
In addition, the City of West Haven may bring a civil action in the Judicial District having jurisdiction to enjoin the operation of any bottle club or BYOB club operating in violation of this ordinance. In any civil action, a person or entity found to have violated this ordinance shall also be obligated within the judgment to pay all costs and attorneys' fees incurred by the City in the enforcement action.
Each day a violation of the ordinance continues shall constitute a separate offense. Each violation of this ordinance shall constitute a separate offense, subject to the prescribed fine for each violation.
Applications for a bottle club or BYOB club permit shall be submitted to the West Haven Police Department along with a fee of $200. An additional fee of $200 shall be paid at the time of issuance of the permit. All payments shall be made by check or money order made payable to "City of West Haven."
Each bottle club or BYOB Club permit shall be good for a period of one year and must be renewed annually. It must be displayed inside the premises so as to be visible to the public.
To apply for a bottle club or BYOB club permit the following items are required:
A government issued photo identification of the applicant or responsible party;
A request for a bottle club permit or a BYOB club permit, dated and signed, on business letterhead stationery, which states the following:
The name and twenty-four-hour-per-day contact information for the party or parties responsible for the applicant's business.
The operating name or names of the applicant's business and the hours of operation.
The name of the landlord or property owner of the applicant's business location and their contact information.
A photocopy of applicant's valid State of Connecticut and City of West Haven food facilities license with a classification of 3 or 4.
This ordinance applies to any and all existing bottle club or BYOB club establishments in the City of West Haven, which shall upon adoption of this ordinance be fully bound by all provisions and regulations contained herein. All permits required by this ordinance shall be obtained by any and all existing bottle club or BYOB club establishments in the City of West Haven within 30 days of the adoption of this ordinance.
In the event that a Bottle Club or BYOB Club fails to fully and completely comply with the provisions of this ordinance or is found guilty of any unlawful activities as defined in this article during the term of its permit, the West Haven Police Department shall have the authority to revoke the Bottle Club or BYOB Club permit for a period of six months.
Permit and revocation decisions shall be made by the Chief of Police or his/her designee. Any person aggrieved by such decision may appeal to a court of competent jurisdiction within 30 days of the receipt of notice of such decision. The City shall, upon filing such appeal, consent to any request by a permit applicant or person whose permit has been revoked for expedited review of such appeal. The City shall certify any records to the court within 20 days of any request by the court to do so.
Nothing in this ordinance prohibits the City of West Haven from taking any emergency action for the summary closure of any property which holds a permit under this ordinance when it is necessary to avoid an immediate threat to public welfare and safety.
If any section, subsection, sentence, clause, phrase or portion of this ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this ordinance or its distinct and independent provision from the remaining provisions, which shall be and remain in full force and effect. It is declared the legislative intent of this ordinance that this article would have been adopted had such invalid or unconstitutional provision or its application had not been included herein.