[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-10-1987 by Ord. No. 833; readopted 10-8-1991 by Ord. No. 873 as Ch. 41, Art. I, of the 1991 Code]
A.
Closing
time. It shall be unlawful for any person to enter or remain in any
establishment licensed by the Pennsylvania Liquor Control Board for
the sale of alcoholic beverages at a time more than 1/2 hour after
the latest time when sales of alcoholic beverages are legally permitted
for such establishment.
B.
Last call;
duty of bar owner. It shall be unlawful for the owner, proprietor
or other person legally responsible for the operation of any premises
licensed by the Pennsylvania Liquor Control Board for the sale of
alcoholic and/or malt beverages to permit the sale of the same at
any time past the latest time when such beverages are legally permitted
to be sold.
C.
Last call;
duty of bartenders. It shall be unlawful for a steward, manager, bartender
or any other person to sell, furnish or serve alcoholic and/or malt
beverages to business patrons, guests or invitees at any time past
the latest time when such beverages are legally permitted to be sold.
D.
Presumption
of sale. There shall be a presumption in all instances within the
Borough where alcoholic beverages are found unconsumed but in the
possession or control of any customer, patron or any person other
than the proprietor or licensee of any establishment permitted to
sell liquor or malt beverages at a time more than 1/2 hour after the
time permitted for sales of such beverages by law, that such beverages
have been sold by the proprietor or licensee after the time permitted
for such sales.
The Police Department shall be charged with the duty of enforcing
this article.
All appropriate provisions of the Pennsylvania Liquor Code[1] and those rules and regulations of the Pennsylvania Liquor
Control Board are hereby incorporated into the terms of this article
as if the same were set forth in their entirety.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[Adopted 8-8-1989 by Ord.
No. 858; readopted 10-8-1991 by Ord. No. 873 as
Ch. 41, Art. II, of the 1991 Code]
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section:
When used in connection with a container, shall mean any
container which has been perforated, in the case of a can or similar
container, or a container on which the cap has been removed.
No person shall drink or consume liquor, wine, beer, malt beverages
or similarly brewed beverages or other alcoholic beverages in or upon
any public sidewalk, street, lane, parking lot, park or recreation
area, or other public property within the Borough, except as hereinafter
provided.
No person shall have, possess, carry or transport liquor, wine,
beer or malt beverages in an open bottle or other open container upon
any public sidewalk, street, lane, parking lot, park or recreation
area, or other public property within the Borough, except as hereinafter
provided.
Possession, consumption and/or transportation of alcoholic beverages
in any motor vehicle shall be restricted and prosecuted pursuant to
the State Vehicle Code, 75 Pa.C.S.A. § 3809, Restriction
on alcoholic beverages.
No person shall discard alcoholic or other beverage containers
upon any public sidewalk, street, lane, parking lot, park or recreation
area, or other public property within the Borough, except in approved
receptacles or containers for the said purpose.
If any person desires to possess, distribute or consume alcoholic
beverages on public property in the Borough, said person must apply
to the Chief of Police or his duly authorized representative for a
permit therefor not less than three days prior to the date of the
scheduled event for which the permit is requested. No fee shall be
charged for the said permit granted; however, a permit shall be issued
only upon the following conditions:
A.
If such person intends to sell alcoholic beverages, then such person
must provide the Chief of Police with a copy of a State Liquor Control
Board permit declaring they will adhere to the rules and regulations
of the State Liquor Control Board.
B.
Such person must agree, in writing, to assume full responsibility
for supervision of the event and the conduct of the group or individuals
benefiting from such permit and to properly clean up and restore the
premises, after use, to its prior condition.
C.
Such person must agree, in writing, that adequate precautions shall
be taken to insure that minors or intoxicated persons will not be
served or allowed to consume alcoholic beverages at the permitted
event.
D.
No alcoholic beverage shall be distributed or consumed other than
on the specific premises described in the permit and only during the
time therein stated.
E.
No permit shall be issued to any person who has failed on a previous
occasion to comply with the provisions for the granting of a permit.
