[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-20-1992 by Ord. No. 1095]
Unless the context otherwise requires, the following words or
phrases shall be construed according to the definitions set forth
below:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% of alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
No person shall consume any alcoholic beverage in any quantity
upon any street, avenue, alley, sidewalk, stairway, thoroughfare or
other public property within the Borough, nor shall any person consume
any alcoholic beverage within five feet of any public way or thoroughfare
while on a private stairway, doorway or other private property open
to public view without the express or implied permission of the owner,
his agent or other party in lawful possession thereof.
No person shall possess any container of alcoholic beverage,
whether wrapped or unwrapped, which has been opened or on which the
seal has been broken in any manner on any public street, avenue, alley,
thoroughfare or other public property within the Borough, nor shall
any person possess any container of alcoholic beverage within five
feet of any public way or thoroughfare while on a private stairway,
doorway or other private property open to public view without the
express or implied permission of the owner, his agent or other person
in lawful possession thereof.
The provisions of §§ 70-2 and 70-3 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 70-1 hereof; provided further, that the provisions of said §§ 70-2 and 70-3 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
[Amended 5-22-2012 by Ord. No. 1247]
Any person, firm or corporation who shall violate any provision
of this article shall be, upon conviction thereof, sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
[Adopted 12-10-2013 by Ord. No. 1262]
The Borough of Ambridge hereby declares that the purpose of
this article is to preserve the health, safety and welfare of its
residents by preserving the character of neighborhoods and protecting
the right of its citizens to quiet enjoyment of those neighborhoods.
As used in this article, the following terms shall have the
meanings indicated:
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.
Any facility operated for profit or pecuniary gain which
is not licensed by the Pennsylvania Liquor Control Board wherein patrons
may consume alcoholic liquors, alcohol or malt or brewed beverages
which said patrons have carried or brought into the premises. The
term shall not include a licensee under the Liquor Code. The permissibility
of a use of land involving to any extent a BYOB club shall be determined
according to the principal intended use.
A.
Any BYOB club, as the term is herein defined, shall comply with the
following requirements:
(1)
Obtain and carry general liability coverage in the minimum amount
of $1,000,000 per occurrence, proof of which shall be filed with the
Borough's Code Enforcement Officer, and upon policy renewal;
(2)
Obtain a valid BYOB club license pursuant to this article and prominently
display said license as required;
(3)
Conspicuously post the hours of operation at the business premises
such that patrons are sufficiently apprised of same;
B.
No BYOB license shall be issued for any premises until the Borough's
Code Enforcement Officer receives:
(1)
A certification from the Tax Collector that all real property taxes
and assessments pertaining to the premises and the property on which
the premises is located and for which a BYOB license is to be issued
are current and that no such taxes or assessments are then due and
owing;
(2)
A certification from the Borough that all Borough utilities and assessments
pertaining to the premises for which a BYOB license is to be issued
are current and that no such utilities or assessments are then due
and owing.
A.
Any person or persons desiring a BYOB license to operate a BYOB club
as required by this section shall make application upon forms provided
by the Borough's Code Enforcement Officer.
B.
The initial license issued for a BYOB club shall be valid through
December 31 of the calendar year in which it is issued. Subsequent
renewals of a license shall be issued for a period of one year commencing
January 1 of the year for which it is issued and expiring on December
31 of that same year.
C.
All applications for renewal of a BYOB license shall be submitted
to the Borough's Code Enforcement Officer on or before December
1 of the preceding year and shall contain the following minimum information:
(1)
The name, address and telephone number of the applicant, if an individual;
the name, residence and business address and telephone number of each
partner, if a partnership; the name and principal place of business,
if a corporation, as well as the name, address and telephone number
of any person who owns at least 10% of the stock of the corporation;
and if a foreign corporation, whether the same is authorized to do
business in the Commonwealth of Pennsylvania.
(2)
The street address and the lot and block numbers of the premises
on which the BYOB club is to be conducted.
(3)
The names, resident addresses and telephone numbers of all managers
of the premises.
(4)
A certification signed by the applicant, if an individual, or all
persons owning at least ten-percent interest in the applicant, if
the applicant is a partnership, corporation or limited-liability company,
that the applicant has read and agreed to comply with all of the provisions
of this section and that the applicant understands that a BYOB license
is subject to revocation for violation of any of the provisions of
this section.
(5)
A certification signed by the property owner that he or she is the
legally deeded property owner on which the applicant's premises
is located and acknowledge awareness of the applicant's pursuit
of obtaining a BYOB license at said premises.
D.
The Borough's Code Enforcement Officer (CEO) shall determine
whether the BYOB club fully and completely complies with the provisions
and requirements of this article within 30 days following the date
on which the application is received. If the Borough's CEO determines
that the applicant fully and completely complies with the provisions
hereof, the Borough's CEO shall issue a BYOB club license; if
the Borough's CEO determines that the applicant does not fully
and completely comply with the provisions hereof, the Borough's
CEO shall deny the issuance of a BYOB license and shall furnish written
evidence of the same to the applicant, together with the reason(s)
for denial.
E.
All applications for a BYOB license or renewal thereof shall be accompanied
by a nonrefundable application fee in the amount of $250.
F.
BYOB licenses shall not be transferable in the event of a change
in ownership of the premises.
The following rules and regulations are applicable to all businesses
holding a BYOB club license:
A.
Premises with BYOB club privileges must comply with all applicable
state, federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of alcoholic beverages on a premises
that is not licensed or permitted to sell or serve alcoholic beverages.
B.
There shall be no consumption of alcoholic beverages by employees
of the premises, but only by patrons. No person waiting to be seated
for service may consume or possess an open container of an alcoholic
beverage while waiting to be seated for service.
C.
No outdoor consumption of alcoholic beverages shall be permitted
unless a specific area for outdoor dining is designated. All outdoor
consumption of alcoholic beverages must be done within the designated
dining area. The outdoor consumption of alcoholic beverages by patrons
within any Borough street right-of-way is prohibited.
D.
The consumption of alcoholic beverages shall be permitted only during
the hours between 11:00 a.m. and 10:00 p.m.
E.
No BYOB club licensee or employee shall be permitted to serve, handle,
pour or distribute alcoholic beverages on the premises.
F.
There shall be no storage of alcoholic beverages on the premises.
Patrons shall not be permitted to deliver alcoholic beverages to the
premises in advance or to leave alcoholic beverages on the premises
to be consumed or to be picked up at a later time.
G.
Patrons who desire to consume alcoholic beverages on the premises
shall bring such beverages with them to the establishment. No delivery
of alcoholic beverages by any person, including a licensed alcoholic
beverage establishment, shall be permitted.
H.
Alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
I.
No BYOB club licensee shall permit a patron or any person to bring
or deliver to the premises a large quantity of alcoholic beverages
intended for consumption at a party or other special event to be attended
by more than one table of patrons. Public or private parties to be
attended by more than four persons and for which the host of the party
provides alcoholic beverages to persons attending the function are
not permitted.
J.
No BYOB club licensee or employee of a licensee shall allow, permit
or suffer any alcoholic beverages to be consumed by any intoxicated
person or by any person under the age of 21 years.
K.
A BYOB club licensee shall immediately report to the Borough Police
Department any incident of underage drinking or the presentation of
false identification by an underage person and any incident involving
the excessive consumption of alcohol by a patron. The failure to immediately
report any such incident will result in the suspension or revocation
of the BYOB license.
No business establishment, fitting the definition of a BYOB
club, shall allow alcoholic beverages to be consumed on the premises
without a valid BYOB license.
A.
Any person, persons or entity violating the provisions of this article
shall, upon conviction thereof, be subject to a fine in an amount
of no less than $300 and no more than $600 for each day of such violation,
and any and all other remedies available in accordance with the codified
ordinances of the Borough of Ambridge and the laws of the Commonwealth
of Pennsylvania.
B.
The unlawful activities specified herein shall constitute separate
and distinct offenses for each and every day in which said activities
are conducted.
C.
In addition to any monetary penalties involved, the Borough of Ambridge
shall revoke the club license required, upon conviction of any unlawful
activities, for a period of one year from the date of conviction.
D.
In the event that any of the unlawful activities specified herein
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,
as well as the person or persons engaged in the unlawful activity.
