[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:
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.
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]
A building or structure wholly or partially used for living
and sleeping space by human occupants.
Those classes of residential districts specified in the Paxtang Borough Zoning Code, Chapter 425, Zoning, of the Borough's Code.
It shall be unlawful for any person or persons who own, operate,
lease, manage or control a B.Y.O.B. Club to:
A.Â
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.Â
Obtain broad form general liability coverage, $1,000,000 single limit
per occurrence, proof of which shall be filed with the Chief of Police;
C.Â
Obtain a valid business privilege license from the Borough and prominently
display said license as required;
D.Â
Obtain a valid B.Y.O.B. Club permit pursuant to § 115-6 and prominently display that permit as required; and
E.Â
Conspicuously post the hours of operation at the business premises
such that patrons are sufficiently apprised of the same.
A.Â
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.Â
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.Â
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]
[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.
[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:
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]
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.
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.
