[HISTORY: Adopted by the City Council of the City of West
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-1985 by Ord. No. 222]
No establishment operating under a nightclub permit shall remain
open past the closing times established by Section 30-91 of the Connecticut
General Statutes for other classes of liquor permits listed in Section
30-21a of the General Statutes of Connecticut. Therefore, the sale,
dispensing or consumption of alcoholic liquor or the presence of alcoholic
liquor in glasses or other receptacles suitable to permit the consumption
of alcohol by an individual is prohibited in such establishments after
such closing times.
The penalty for a violation of this article shall be not more
than $100. Each day the violation continues shall be considered a
separate offense. Fines shall be levied against the permittee.
[Adopted 9-25-2017]
As used in this article, the following terms shall have the
meanings indicated:
Shall be defined as set forth in the Liquor Control Act, Section 30-1 et seq. of the Connecticut General Statutes.
Any establishment operated for profit or pecuniary gain which
is not licensed by the Connecticut Department of Consumer Protection
and admits patrons upon payment of a fee, cover charge or membership
fee and in which alcohol, alcoholic liquors, alcoholic beverages,
spirits, wine or beer are not legally sold but where alcohol, alcoholic
liquors, alcoholic beverages, spirits, wine or beer are either provided
by the operator or agents or employees of the operator for consumption
on the premises or are brought into or kept at the establishment by
the patrons or persons assembling there for use or consumption. The
term shall not include a licensee under the Liquor Control Act.[1]
Any facility operated for profit or pecuniary gain which
is not licensed by the Connecticut Department of Consumer Protection
wherein patrons may consume alcohol, alcoholic liquors, alcoholic
beverages, spirits, wine or beer which said patrons have carried or
brought into the premises. The term shall not include a licensee under
the Liquor Control Act or any facility which is rented for a limited
period of time, not to exceed 10 hours, by an individual or organization
for the purpose of a private party.
[1]
Editor's Note: See Title 30, Chapter 545, of the Connecticut
General Statutes.
A.
It shall be unlawful and a violation of this article for any person(s),
corporation, partnership, firm or other entity to own, operate, lease,
manage or control a bottle club or a BYOB club without having first
obtained a valid permit issued by the West Haven Police Department.
B.
It shall be unlawful and a violation of this ordinance for any person(s),
corporation, partnership, firm or other entity to own operate, lease,
manage, or control a bottle club or a BYOB club without maintaining
in force and effect at all times broad-form general liability insurance
coverage with limits of $1,000,000 per occurrence. Proof of such coverage
shall be submitted with the initial application for a permit or any
renewal.
C.
It shall be unlawful and a violation of this ordinance for any person(s),
corporation, partnership, firm or other entity owning, operating,
leasing, managing or controlling a bottle club or BYOB club to allow
entry thereto by, or allow provision to or consumption by, persons
under the age of 21 years of any alcohol, alcoholic liquors, alcoholic
beverages, spirits, wine or beer.
D.
It shall be unlawful and a violation of this ordinance for any person(s),
corporation, partnership, firm or other entity owning, operating,
leasing, managing or controlling a bottle club or BYOB club to be
open for business or transact business between the hours 2:00 a.m.
and 8:00 a.m. prevailing time of each day, and/or before 12:00 noon
on Sundays.
The West Haven Police Department is hereby authorized and directed
to enforce the terms of this ordinance.
A.
Any person or entity committing any act(s) prohibited herein shall
be in violation of this ordinance.
B.
This ordinance shall be enforced pursuant to the provisions of Chapter 128 of the Code of the City of West Haven governing the local enforcement of ordinances.
C.
An administrative fine of $500 is prescribed and shall be paid for
any violation of this ordinance.
D.
In addition, the City of West Haven may bring a civil action in the
Judicial District having jurisdiction to enjoin the operation of any
bottle club or BYOB club operating in violation of this ordinance.
In any civil action, a person or entity found to have violated this
ordinance shall also be obligated within the judgment to pay all costs
and attorneys' fees incurred by the City in the enforcement action.
E.
Each day a violation of the ordinance continues shall constitute
a separate offense. Each violation of this ordinance shall constitute
a separate offense, subject to the prescribed fine for each violation.
Applications for a bottle club or BYOB club permit shall be
submitted to the West Haven Police Department along with a fee of
$200. An additional fee of $200 shall be paid at the time of issuance
of the permit. All payments shall be made by check or money order
made payable to "City of West Haven."
A.
Each bottle club or BYOB Club permit shall be good for a period of
one year and must be renewed annually. It must be displayed inside
the premises so as to be visible to the public.
B.
To apply for a bottle club or BYOB club permit the following items
are required:
(1)
A government issued photo identification of the applicant or responsible
party;
(2)
A request for a bottle club permit or a BYOB club permit, dated and
signed, on business letterhead stationery, which states the following:
(a)
The name and twenty-four-hour-per-day contact information for
the party or parties responsible for the applicant's business.
(b)
The operating name or names of the applicant's business
and the hours of operation.
(c)
The name of the landlord or property owner of the applicant's
business location and their contact information.
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[Please note that if any of this information changes, a revised
letter must be filed with the West Haven Police Department.]
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(3)
A photocopy of applicant's valid State of Connecticut and City
of West Haven food facilities license with a classification of 3 or
4.
This ordinance applies to any and all existing bottle club or
BYOB club establishments in the City of West Haven, which shall upon
adoption of this ordinance be fully bound by all provisions and regulations
contained herein. All permits required by this ordinance shall be
obtained by any and all existing bottle club or BYOB club establishments
in the City of West Haven within 30 days of the adoption of this ordinance.
A.
In the event that a Bottle Club or BYOB Club fails to fully and completely
comply with the provisions of this ordinance or is found guilty of
any unlawful activities as defined in this article during the term
of its permit, the West Haven Police Department shall have the authority
to revoke the Bottle Club or BYOB Club permit for a period of six
months.
B.
Permit and revocation decisions shall be made by the Chief of Police
or his/her designee. Any person aggrieved by such decision may appeal
to a court of competent jurisdiction within 30 days of the receipt
of notice of such decision. The City shall, upon filing such appeal,
consent to any request by a permit applicant or person whose permit
has been revoked for expedited review of such appeal. The City shall
certify any records to the court within 20 days of any request by
the court to do so.
Nothing in this ordinance prohibits the City of West Haven from
taking any emergency action for the summary closure of any property
which holds a permit under this ordinance when it is necessary to
avoid an immediate threat to public welfare and safety.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this ordinance or its distinct and independent
provision from the remaining provisions, which shall be and remain
in full force and effect. It is declared the legislative intent of
this ordinance that this article would have been adopted had such
invalid or unconstitutional provision or its application had not been
included herein.
