[HISTORY: Adopted by the Town Council of the Borough of Bellevue
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: By special election question, on May 19, 2015,
the voters in the Borough of Bellevue approved by referendum the granting
of licenses for the sale of liquor in the Borough.
[Adopted 9-4-2012 by Ord. No. 12-11]
The following terms shall have the meaning indicated:
As defined in the Liquor Code of the Commonwealth of Pennsylvania,
i.e., liquor, wine, malt and brewed beverages.[1]
Includes any receptacle, vessel or form of package, tank,
vat, cask, barrel, drum, keg, can, bottle or conduit used or capable
of use for holding, storing, transferring or shipment of alcohol,
liquor, malt or brewed beverages.
The location of any container, bottle or can containing liquor,
malt or brewed beverages, or nonalcoholic beverages, which is nearby,
close at hand, convenient of access and within reach of the person.
The condition of a container whose cap, cork, top or other
closing device has been removed or the condition of a can which has
been punctured or pulled open so as to break its seal allowing consumption
of said beverages, or any other container from which consumption of
an alcoholic beverage is occurring.
To exercise conscious dominion or control over.
Any public street, alley, sidewalk, park, playground, ball
field, recreation areas, commons or parking lots; or any private parking
lots open to public use (regardless if the private parking lot establishment
is open or closed for business); any other public grounds owned or
leased by the Borough of Bellevue, and any public grounds owned by
the Northgate School District.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq., the Pennsylvania
Liquor Code.
A.Â
No person shall have on or about his or her person, possess, carry
or transport (on his person, in any vehicle, or otherwise) any liquor,
wine, beer or other alcoholic beverages in open containers in or upon
any public access property or other public place in the Borough of
Bellevue, except as may be specifically authorized pursuant to a duly
authorized and issued Borough permit, as provided hereunder or as
may be authorized pursuant to a duly enacted Borough ordinance allowing
for same.
B.Â
No person shall drink or consume liquor, wine, beer or other alcoholic
beverages in open containers in or upon any public access property
or other public place in the Borough of Bellevue, including on his
person, in any vehicle, or otherwise, except as may be specifically
authorized pursuant to a duly authorized and issued Borough permit
as provided hereunder or as may be authorized pursuant to a duly enacted
Borough ordinance allowing for same.
The restrictions continued in this article shall not apply to
any person engaged or participating in any activity or event for which
a special permit or license has been issued by the Borough which specifically
authorizes the possession or consumption of alcoholic beverages in
or upon public access property or in other public places, or where
such possession or consumption is specifically authorized and permitted
pursuant to a duly enacted ordinance allowing for same.
Any police officer is hereby authorized to act to enforce this
article on behalf of the Borough of Bellevue.
Any person who shall violate the provisions of this article
shall, upon conviction thereof, be sentenced to pay: for the first
offense, a fine of $200 plus the costs of prosecution or, in default
of payment of same, to undergo imprisonment for up to five days; for
the second offense, $300 plus the costs of prosecution or, in default
of payment, imprisonment for up to 10 days; and for the third offense
and any offense thereafter, $500 plus the costs of prosecution or,
in default of payment, imprisonment for up to 90 days.
