Borough of Lewistown, PA Chapter 79 Alcoholic Beverages

[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]

Article I Consumption or Possession

[Adopted 9-22-1972 by Ord. No. 1972-44; amended in its entirety 3-24-1986 by Ord. No. 86-2 (Ch. 6, Part 3, of the 1986 Code)]

§ 79-1 Definitions.

The following words and terms, when used in this article, shall have the meanings next ascribed to them:

ALCOHOLIC BEVERAGE

Any spirit, wine, beer, ale, mix or other liquid which contains more than 0.5% of alcohol by volume and which was made for use as a beverage or drink.

ALCOHOLIC BEVERAGE CONTAINER

Any bottle or can which contains an alcoholic beverage and which was made for use as such a container.

§ 79-2 Consumption prohibited; exception.

[Amended 7-11-2005 by Ord. No. 2005-3]

It shall be unlawful for any person to consume an alcoholic beverage on any street, alley or sidewalk of the Borough, or in any mall, parking lot, playground, park, recreation area or other like outdoor facility which is owned or operated by the Borough, the Parking Authority of the Borough, the County of Mifflin, or any of their respective agencies, authorities, bureaus, boards or commissions, or on the grounds or premises of the Borough Municipal Building, Borough Maintenance Garage, Borough Wastewater Treatment Plant or any other building or facility which is owned or operated by the Borough or any of its agencies, bureaus, boards or commissions, except that consumption of alcoholic beverages in accordance with the laws of the Commonwealth of Pennsylvania may be permitted by specific permission and in the discretion of Lewistown Borough Council on the premises known as the Recreation Park Community Center and/or within specified designated areas thereof, subject to rules and regulations adopted by Borough Council and, if applicable, upon execution of a rental agreement therefor.

§ 79-3 Possession prohibited; exception.

[Amended 7-11-2005 by Ord. No. 2005-3]

It shall be unlawful for any person to possess an alcoholic beverage container which has been opened or on which the seal has been broken, or a cup, glass or other open vessel (whether or not covered with a carry-out or no-spill lid) which contains an alcoholic beverage on any street, alley or sidewalk of the Borough, or in any mall, parking lot, playgrounds, park, recreational area or other like outdoor facility which is owned or operated by the Borough, the Parking Authority of the Borough, the County of Mifflin, or any of their respective agencies, authorities, bureaus, boards or commissions, or on the grounds or premises of the Borough Municipal Building, Borough Maintenance Garage, Borough Wastewater Treatment Plant or any other building or facility which is owned or operated by the Borough or any of its agencies, bureaus, boards or commissions, except that possession of alcoholic beverages, as defined aforesaid, in accordance with the laws of the Commonwealth of Pennsylvania, may be permitted by specific permission and in the discretion of Lewistown Borough Council on the premises known as the Recreation Park Community Center and/or within specified designated areas thereof, subject to rules and regulations adopted by Borough Council and, if applicable, upon the execution of a rental agreement therefor.

§ 79-4 Violations and penalties.

Any person who violates any section or provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 and the costs of prosecution and, upon failure to pay such fines and costs, to imprisonment for not more than 10 days.