Borough of Lansdowne, PA Chapter 120 Alcoholic Beverages

[HISTORY: Adopted by the Borough Council of the Borough of Lansdowne 11-15-1977 by Ord. No. 959. Amendments noted where applicable.]

§ 120-1 Definitions.

For purposes of this chapter, the following definitions shall apply:

ALCOHOL

Ethyl alcohol of any degree or proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.

FARMERS MARKET

Any farmers market for which the Pennsylvania Liquor Control Board has issued a farmers market permit in accordance with the Pennsylvania Liquor Code.

[Added 10-19-2011 by Ord. No. 1265]

LIMITED WINERY

Shall have the meaning ascribed to such term in the Pennsylvania Liquor Code, being currently "a winery with a maximum output of 200,000 gallons per year." In the event that the definition of "limited winery" is amended in the Pennsylvania Liquor Code at any time, the definition set forth in this chapter shall be deemed to be amended so that it is consistent with the definition set forth in the Pennsylvania Liquor Code.

[Added 10-19-2011 by Ord. No. 1265]

PENNSYLVANIA LIQUOR CODE

The Liquor Code, 47 P.S. § 1-102 et seq., in effect in the Commonwealth of Pennsylvania as the same may be amended from time to time.

[Added 10-19-2011 by Ord. No. 1265]

PERSON

Includes any individual, whether a resident or nonresident of the Borough of Lansdowne and whether male or female.

PUBLIC WAY OR PLACE

Every way or place, of whatever nature, located within the Borough of Lansdowne open to the use of the public as a matter of right, for the purposes of vehicular or pedestrian travel.

§ 120-2 Prohibited acts.

[Amended 10-19-2011 by Ord. No. 1265; 10-17-2012 by Ord. No. 1274; 5-3-2017 by Ord. No. 1307]

It shall be unlawful for any person to willfully consume in or upon public ways or places within the Borough of Lansdowne any beverage containing any percentage of alcohol whatsoever, except that it shall not be illegal for:

A. A customer or patron of any restaurant or farmers market whose operator holds a sidewalk or outdoor cafe dining permit issued pursuant to Chapter 294 of the Code of the Borough of Lansdowne to consume alcoholic beverages entirely within the area designated for sidewalk or outdoor cafe dining in such permit; or

B. Any visitor to the the park located in Borough Parking Lot No. 1 (between Lansdowne Avenue and Owen Avenue) during the hours in which such park is open pursuant to Chapter 235 (Parks and Recreation), § 235-1 of this Code.

§ 120-3 Evidence of consumption.

[Amended 10-19-2011 by Ord. No. 1265]

With the exception of open containers at a farmers market pursuant to a farmers market permit as described in § 120-2 above, the possession of any open container containing a beverage with any percentage of alcohol whatsoever in or upon the public ways or places of the Borough of Lansdowne shall be prima facie evidence of consumption of such beverage in violation of this chapter.

§ 120-4 Violations and penalties.

[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]

Any person violating any provision of this chapter shall, upon conviction before a Magisterial District Judge, be subject to a fine of not more than $600, plus costs of prosecution, and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.