[HISTORY: Adopted by the Board of Supervisors of Scott Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-11-2011 by Ord. No. 10-11-11B]
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.
For purposes of this article, "alcoholic beverages" shall mean
any liquid intended for human consumption containing more than 1/2%
alcohol by volume.
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.
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.
This article shall take effect five days from the date of adoption.
[Adopted 10-11-2011 by Ord. No. 10-11-11C]
As used in this article, the following terms shall have the
meanings indicated:
Any liquid intended for human consumption containing more
than 1/2% alcohol by volume.
Any individual, group, organization, corporation, proprietorship,
partnership, association or other entity.
A parcel of land upon which all or part of a regulated social
gathering takes place.
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.
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.
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:
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.
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.
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.
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.
This article shall take effect five days from the date of its
adoption.