Township of Scott, PA Chapter 39 Alcoholic Beverages

[HISTORY: Adopted by the Board of Supervisors of Scott Township as indicated in article histories. Amendments noted where applicable.]

Article I Consumption or Possession of Open Containers

[Adopted 10-11-2011 by Ord. No. 10-11-11B]

§ 39-1 Consumption or possession of an alcoholic beverage.

No person shall drink or otherwise consume an alcoholic beverage or possess an open container containing an alcoholic beverage on any public street, public right-of-way, public sidewalk, public parking lot, private parking lots of more than 10 spaces, public park or recreation area or traffic way within Scott Township, Columbia County, Pennsylvania.

§ 39-2 Definition.

For purposes of this article, "alcoholic beverages" shall mean any liquid intended for human consumption containing more than 1/2% alcohol by volume.

§ 39-3 Exception.

Nothing in this article shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a sidewalk.

§ 39-4 Violations and penalties.

Any person found guilty of a violation of this article shall, upon conviction thereof, be guilty of an offense and shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

§ 39-5 Effective date.

This article shall take effect five days from the date of adoption.

Article II Social Gatherings

[Adopted 10-11-2011 by Ord. No. 10-11-11C]

§ 39-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGES

Any liquid intended for human consumption containing more than 1/2% alcohol by volume.

PERSON

Any individual, group, organization, corporation, proprietorship, partnership, association or other entity.

PREMISES

A parcel of land upon which all or part of a regulated social gathering takes place.

REGULATED SOCIAL GATHERING

A congregation of persons for social interaction, where alcoholic beverages are served or consumed, and which is attended at any one time by more than 150 persons regardless of age, which is organized, hosted or sponsored by a student or students enrolled at Bloomsburg University or a student organization associated with Bloomsburg University, or which takes place on premises occupied by students enrolled at Bloomsburg University.

§ 39-7 Permit required.

A. Each person organizing, hosting or sponsoring a regulated social gathering shall file an application with the Chief of Police of Scott Township for a permit for a regulated social gathering on a form provided by Scott Township when the number of persons who will attend the regulated social gathering exceeds 150.

B. A fee, as set by resolution of the Scott Township Board of Supervisors from time to time, shall be submitted with the application for permit.

C. An application for a permit for a regulated social gathering shall be filed no less than 14 days prior to the date the gathering is to be held. Failure to timely file the application shall be grounds for denying the application for permit.

D. A conviction for a prior violation of this article within five years from the date of the permit application by the person organizing, hosting or sponsoring the regulated social gathering may be grounds for denying an application for a permit under this article by the Chief of Police, after taking into account the nature of the violation, the impact on the community, and whether personal injuries were the result of the violation.

E. A conviction for a prior violation of this article within five years from the date of the permit application on the same premises where a regulated social gathering is to be held may be grounds for denying an application for a permit under this article by the Chief of Police, after taking into account the nature of the violation, the impact on the community, and whether personal injuries were the result of the violation.

F. A conviction for a prior violation within five years from the date of the permit application of the Pennsylvania Liquor Code or a conviction for a prior violation of any provision of the Pennsylvania Crimes Code, which constitutes a misdemeanor or felony, by the person organizing, hosting or sponsoring the regulated social gathering on any premises where a regulated social gathering was held shall be grounds for denying an application for a permit under this article.

G. A conviction for a prior violation within five years from the date of the permit application of the Pennsylvania Liquor Code or a conviction for a prior violation of any provision of the Pennsylvania Crimes Code, which constitutes a misdemeanor or felony, on the same premises where a regulated social gathering is to be held may be grounds for denying an application for a permit under this article by the Chief of Police, after taking into account the nature of the violation, the impact on the community, and whether personal injuries were the result of the violation.

§ 39-8 Requirements for regulated social gathering.

Social gatherings regulated by this article shall comply with the following:

A. The regulated social gathering shall last no longer than eight hours and shall start no earlier than 10:00 a.m. and end no later than 9:00 p.m.

B. One security person for every 50 persons attending the regulated social gathering shall be provided by the person organizing, hosting or sponsoring a regulated social gathering, and each security person shall wear a shirt or jacket designating such person as a security person that shall be readily identifiable by police officers. The role of the security guard is to assist in the prevention of a violation of this article. In the event a violation of this article is occurring or has occurred, the role of the security guard is to observe and report the violation to the Scott Township Police Department.

C. No beverages shall be consumed from glass bottles or glass containers.

D. One portable toilet shall be provided by the person organizing, hosting or sponsoring a regulated social gathering for every 100 persons attending the regulated social gathering.

E. A thirty-cubic-yard trash receptacle will be required for every 1,000 persons attending the regulated social gathering over an eight-hour period.

F. The premises shall be cleaned up by 10:00 a.m. on the day following the regulated social gathering and shall be made clear of all rubbish, trash, garbage and debris.

G. If an application for a regulated social gathering is approved, a permit shall be issued by the Scott Township Police Department setting forth the following:

(1) Name of the person sponsoring the regulated social gathering.

(2) The number of persons permitted to attend.

(3) The number of security personnel to be provided.

(4) The number of portable toilets to be provided.

(5) The size of the trash receptacle to be provided.

H. The permit shall be prominently displayed on a structure on the premises, and damage to or removal of the permit shall be a violation of this article.

§ 39-9 Application.

A. The application for a permit for a regulated social gathering shall include the following:

(1) The names, local and permanent addresses, telephone numbers and ages of all persons organizing, hosting or sponsoring the regulated social gathering. If a corporation is organizing, hosting or sponsoring the regulated social gathering, the officers and directors of the corporation shall be considered the person organizing, hosting or sponsoring the regulated social gathering in addition to any other person organizing, hosting or sponsoring the regulated social gathering.

(2) The location of the regulated social gathering.

(3) A sketch of the open space on the property, including the square footage of the open space.

(4) The number of persons who will attend the regulated social gathering.

(5) The identity of the source of alcoholic beverages for the regulated social gathering.

(6) The time that the regulated social gathering will start and the time it will end.

(7) A description of the entertainment that will be present at the regulated social gathering.

(8) The number of security persons who will be present at the regulated social gathering and the name, address and telephone number of each security person.

(9) The written authorization for a regulated social gathering, signed in front of a notary public, from the owner of the premises for the date on which the regulated social gathering is to be held.

(10) The manner in which the furnishing of alcoholic beverages or consumption of alcoholic beverages by minors will be prevented.

(11) The manner in which alcohol will be served.

(12) The name, address and telephone number of the company providing the portable toilets for the regulated social gathering.

B. At the time an application is submitted, it shall be accompanied by the following:

(1) Financial security, in a form acceptable to the Township Solicitor, in an amount as set by resolution of the Scott Township Supervisors from time to time, to provide for and secure the projected costs for police response to the premises where the regulated social gathering is to be held.

(2) Financial security, in a form acceptable to the Township Solicitor, in an amount as set forth by resolution of the Board of Supervisors of the Scott Township from time to time, to provide for and secure the cost of cleaning up the premises where the regulated social gathering is to be held if the cleanup is not completed by 10:00 a.m. on the day following the regulated social gathering.

(3) A certificate of insurance showing comprehensive liability insurance covering the property where the regulated social gathering is to be held with a policy limit of no less than $500,000.

C. If an application for a permit is denied by the Chief of Police, an appeal may be filed with the Scott Township Supervisors pursuant to the provisions of the Local Agency Act.[1]

[1] Editor's Note: See the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.

§ 39-10 Violations.

A. It shall be a violation of this article for any person to organize, host, sponsor, attend or participate in a regulated social gathering in the absence of a permit issued by the Chief of Police of Scott Township.

B. It shall be a violation of this article for the owner of the premises or those occupying or in control of the premises to permit a regulated social gathering to take place on the premises in the absence of a permit issued by the Chief of Police of Scott Township.

C. It shall be a violation of this article for any property owner or person in control of the premises to permit a regulated social gathering to take place or continue on the premises that violates any requirements of this article imposed upon the regulated social gathering by the permit.

D. Furnishing false information on an application for a permit for a regulated social gathering shall be a violation of this article.

E. A person who organizes, hosts or sponsors a regulated social gathering who is not identified as an organizer, host or sponsor on an application for permit shall be in violation of this article.

§ 39-11 Enforcement; penalties.

A. Any person violating any provision of this article shall, upon conviction in a summary proceeding, be sentenced to pay a fine not to exceed $600 for the use of the Scott Township, along with costs of prosecution, and be imprisoned for not more than 10 days, or both.

B. The Police Department of the Scott Township shall have the authority to disperse persons, upon notice, who attend a regulated social gathering for which no permit has been obtained or when the regulated social gathering is in violation of any provisions of this article. Failure to disperse shall be a violation of this article.

C. Nothing in this article shall limit the Township from filing an action in equity to enjoin a regulated social gathering held in violation of this article nor limit the Police Department from making arrests for violation of the laws of the Commonwealth of Pennsylvania and the ordinances of Scott Township.

§ 39-12 Effective date.

This article shall take effect five days from the date of its adoption.