Borough of Paxtang, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paxtang as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-1989 by Ord. No. 512 (Part 6, Ch. 2, Art. B, of the 1994 Code of Ordinances)]
As used in this article, the following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
ALCOHOLIC BEVERAGES
Any and all beverages, including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. 1-101 et seq.
B.Y.O.B. CLUB or BOTTLE CLUB
An establishment operated for profit or pecuniary gain, which admits patrons upon the payment of a fee, has a capacity for the assemblage of 20 or more persons, and in which alcoholic liquors, alcohol or malt or brewed beverages are not legally sold but where alcoholic liquors, alcohol or malt or brewed beverages 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 and consumption. The term shall not include a licensee under the Act of April 12, 1951 (P.L. 90, No. 21), known as the "Liquor Code," or any organization as set forth in Section 6 of the Act of December 19, 1990 (P.L. 1200, No. 202), known as the "Solicitation of Funds for Charitable Purposes Act."[1]
RESIDENCE
A building or structure wholly or partially used for living and sleeping space by human occupants.
RESIDENCE ZONE
Those classes of residential districts specified in the Paxtang Borough Zoning Code, Chapter 425, Zoning, of the Borough's Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person or persons who own, operate, lease, manage or control a B.Y.O.B. Club to:
A. 
Remain open and/or to transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time, of each day and at any time on Sundays, if said B.Y.O.B. Club is located in a residence zone or within 500 feet of a residence or church.
In the event any of the unlawful activities specified in this article are conducted by or in the name of a corporation, partnership, joint venture, trust, firm or association, in addition to entity liability, the officers, agents or principals of said corporation, partnership, joint venture, trust, firm or association shall be deemed in violation of this article, as well as the persons engaged in the unlawful activity.
The unlawful activities specified in this article shall constitute separate and distinct offenses for each and every day in which those activities are conducted.
Any and all B.Y.O.B. Clubs to which this article applies shall, at all times, comply with the following requirements:
A. 
Obtain broad form general liability coverage, $1,000,000 single limit per occurrence, proof of which shall be filed with the Chief of Police;
B. 
Possess a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and further comply with Chapter 425, Zoning; Chapter 160, Construction Codes, Uniform; and all other ordinances of the Borough;
C. 
Obtain a valid business privilege license from the Borough and prominently display said license as required;
D. 
Obtain a valid B.Y.O.B. Club permit pursuant to § 115-6 and prominently display that permit as required; and
E. 
Conspicuously post the hours of operation at the business premises such that patrons are sufficiently apprised of the same.
A. 
Any person or persons desiring to operate or continue to operate a B.Y.O.B. Club shall file with the Borough Secretary an application for a B.Y.O.B. Club permit, which application shall include the following information: the name and address of the B.Y.O.B. Club; a statement whether the business premises is leased or owned by the B.Y.O.B. Club; the name and address of the lessor of the business premises, if applicable; the nature of the ownership of the B.Y.O.B. Club, i.e., corporation, partnership, joint venture, association; the names and addresses of the officers and/or agents of the B.Y.O.B. Club; the names and addresses of any and all persons who possess an ownership and/or financial interest in the B.Y.O.B. Club; and a notarized statement that the B.Y.O.B. Club complies with the requirements of § 115-5.
B. 
A copy of the application for a B.Y.O.B. Club permit shall be provided to the Zoning Officer, who, subsequent to consultation with the Chief of Police, shall determine whether the B.Y.O.B. Club fully and completely complies with the provisions and requirements of this article within 10 days following the date on which the application is received. If the Zoning Officer determines that the applicant fully and completely complies with the provisions hereof, he shall issue a B.Y.O.B. Club permit; if he determines that the applicant does not fully and completely comply with the provisions of this article, he shall deny the issuance of a B.Y.O.B. Club permit and shall furnish written evidence of the same to the applicant together with the reason(s) for the denial.
C. 
The club shall pay an administrative fee as set from time to time by resolution of Council for a B.Y.O.B. Club permit and an additional fee for each renewal thereof. That B.Y.O.B. Club permit shall be effective for a period of one year following the date of issuance, provided that, in the event any B.Y.O.B. Club fails fully and completely to comply with the provisions of this article during the term of the B.Y.O.B. Club permit so issued, the Zoning Officer shall have the authority to revoke the B.Y.O.B. Club permit because of the B.Y.O.B. Club's lack of compliance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-15-1992 by Ord. No. 535[1]]
Any person, persons or entity violating any provision of this article shall, upon conviction, for every such violation, 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 undergo imprisonment for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 5-21-1991 by Ord. No. 524 (Part 8, Ch. 1, Art. A, of the 1994 Code of Ordinances)]
As used in this article, the following words and phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
LIQUOR; MALT OR BREWED BEVERAGES; CONTAINER
Have the same definitions as set forth in the Liquor Code, Act of April 12, 1951, P.L. 90 (47 P.S. § 1-101 et seq.)[1]
OPEN
Any container which has been perforated or on which the cap has been loosened or the cork displaced and the official seal torn or mutilated.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to drink liquor or malt or brewed beverages upon any Borough street, Borough parking lot, Borough park, playground, recreation area, or upon any other Borough or public property, or upon any private parking lot open to use by the general public, or in any vehicle being operated or parked upon any of the foregoing. It shall further be unlawful for any person to have in such person's possession upon any Borough street, Borough parking lot, Borough park, playground, recreation area, or upon any other Borough or public property, or upon any private parking lot open to use by the general public, or in any vehicle being operated or parked upon any of the foregoing, any open container containing liquor or malt or brewed beverages.
[Amended 12-15-1992 by Ord. No. 535[1]]
Any person, firm or corporation who violates any provision 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 undergo imprisonment for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).