[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 4-28-2014 by Ord. No. 611-2014.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any spirits, wine, beer, ale or other liquid containing more
than 1/2% alcohol by volume which is fit for beverage purposes.
Any bottle, can or other vessel in which alcoholic beverages
are contained.
Any street, avenue, highway, alley, sidewalk, or other public
property including Borough-owned properties within the corporate limits
of the Borough.
It shall hereinafter be unlawful for any person to:
A.
Consume any alcoholic beverage in or on any public place within the
Borough of Lehighton.
B.
Carry or possess any opened container containing any alcohol beverage
while in or on a public place within the Borough of Lehighton.
C.
Consume any alcoholic beverage on property of another, not including
an establishment licensed by the Pennsylvania Liquor Control Board,
except with the consent of the owner or legal occupants thereof.
D.
Carry or possess any opened container containing any alcoholic beverage
on the property of another, not including an establishment licensed
by the Pennsylvania Control Board, except with the consent of the
owners or legal occupants thereof.
Provided however, that the provisions of § 49-2 above shall not apply to any person possessing and/or consuming alcoholic beverages at the recreation center or at a special event providing a permit has been obtained as per the following requirements:
A.
Recreation center.
(1)
The Borough of Lehighton owns and operates a recreation center on
8th Street between Iron Street and Alum Street. Any person who rents
the recreation center for an event, who wishes to have alcohol beverages
served or consumed within the recreation center must complete an application
and submit the completed application to the Recreation Center Director
at least 30 days in advance of the proposed event.
(2)
Applications for alcoholic beverages at the recreation center shall
be available through the Recreation Center Director or at the Borough
Administrative Offices, during normal business hours, and must be
completed and signed by the applicant or an officer or authorized
agent of the applicant.
(3)
The application will contain at a minimum of the following:
(a)
Name, address, telephone number and fax number (if applicable)
of the applicant and if the applicant is an organization, the name,
address, telephone number and fax number (if applicable) of the contact
person for the organization.
(b)
The name of the individual or organization that will be responsible
for overseeing the event.
(c)
The date and time of the event.
(d)
The nature of the event; that is, whether the event will be
a wedding, bridal shower, etc.
(4)
Review and approval by Recreation Director. The Recreation Director
shall review the application and shall determine whether or not the
service of alcoholic beverages shall be permitted.
B.
Special events.
(1)
Any person, persons, corporations, or other organizations or groups
of individuals desiring to have alcohol beverages consumed and/or
possessed on or at a public place shall complete an application for
such permit and submit the completed application to the Borough Secretary
at least 45 days in advance of the proposed event.
(2)
Applications for the service and possession and consumption of alcoholic
beverages will be available at the Borough Administrative Offices
during normal business hours and must be completed and signed by the
applicant or an officer or authorized agent of the applicant.
(3)
The permit application will contain at a minimum the following.
(a)
Name, address, telephone number and fax number (if applicable)
of the applicant and if the applicant is an organization, the name,
address, telephone number and fax number (if applicable) of the contact
person for the organization.
(b)
The name of the individual or organization that will be responsible
for overseeing the event.
(c)
The proposed site, date and time of the event.
(d)
The nature of the event may be a public celebration on public
property at which the general public would be invited and permitted
to attend.
(4)
An inspection of the proposed site for the possession and consumption
of alcohol beverages shall be conducted by the Borough Manager, Borough
Council and/or their designees. If Borough Council deems it appropriate
to permit the consumption and possession of alcohol in or on the public
place, the Borough Council shall designate the area where alcohol
may be served, possessed or consumed. Any applicant must abide strictly
by the permit being granted.
(5)
The approval of the application by Borough Council will be required
prior to the issuance of a permit by the Borough Manager.
(6)
Following approval by Borough Council, the Borough Manager shall
issue the permit in accordance with any restrictions and/or requirements
imposed by Borough Council.
A.
Any applicant under § 49-3A above, at the time of application, shall provide a certificate of insurance to the Borough showing that the applicant has obtained comprehensive general liability insurance and property damage insurance in an amount not less than $1,000,000 naming the Borough as an additional insured for personal injury, bodily injury, death, damage or injury to or destruction of property.
Whosoever violates any of the provisions of this ordinance shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, and in default of payment, to be imprisoned for a period not
to exceed 30 days.
