[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-10-1989 by Ord. No. 89-05]
The Board of Supervisors hereby declares that the purpose of
this article is to regulate the hours of operation of BYOB clubs in
order to preserve the health, safety and general welfare of its citizens
and to protect the right of its citizens to the quiet enjoyment of
their property.
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section:
Any and all beverages, including malt beverages, which contain
alcohol, liquor or such other intoxicating substances as are further
defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101
et seq.
Any business facility such as a dance hall, club or association
existing on the date of enactment of this article or coming into existence
thereafter, and which is not licensed by the Pennsylvania Liquor Control
Board, wherein patrons 21 years of age and older may, after payment
of an entry fee, cover charge or membership fee, consume alcoholic
beverages which said patrons have carried onto the premises, also
commonly referred to as "bring your own bottle clubs," provided that
a facility which is rented for a limited period of time, not to exceed
12 hours, by individuals or an organization for the purpose of a private
party in which alcoholic beverages are carried onto the premises shall
not be considered a BYOB club under the terms of this article.
In the event that any of the unlawful activities specified herein
is conducted by or in the name of a corporation, partnership, joint
venture, trust, firm or association, in addition to entity liability,
the officers, agents or principals of said corporation, partnership,
joint venture, trust, firm or association shall be deemed in violation
of this article, as well as the person or persons engaged in the unlawful
activity.
The unlawful activities specified herein shall constitute separate
and distinct offenses for each and every day in which said activities
are conducted.
Any and all BYOB clubs to which this article applies shall,
at all times, comply with the following requirements:
A.
Obtain broad form general liability coverage, $1,000,000 single limit
per occurrence, proof of which shall be filed with the Commissioner
of Police.
B.
Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and the Lower Paxton Township, Codes
Enforcement Office, and prominently display said certificate as required.
C.
Obtain an annual fire inspection of the premises by the Township
Codes Enforcement Officer.
D.
Obtain a valid BYOB club permit pursuant to § 63-7 of this article and prominently display said permit as required.
E.
Conspicuously post the hours of operation at the business premises
such that patrons are sufficiently apprised of the same.
A.
Any person or persons desiring to operate or continue to operate
a BYOB club shall file with the Commissioner of Police an application
for a BYOB club permit, which application shall include the following
information:
(1)
The name and address of the BYOB club;
(2)
Should the BYOB club be located within a leased business premises,
then a statement from the lessor shall be provided acknowledging said
BYOB club and agreeing to comply with appropriate municipal ordinances;
(3)
The nature of the ownership of the BYOB club, i.e., corporation,
partnership, joint venture, association;
(4)
The names and addresses of any and all persons who possess an ownership
and/or financial interest in the BYOB club; and
(5)
A notarized statement that the BYOB club complied with the requirements
of § 63-06 herein.
B.
The Commissioner of Police shall determine whether the BYOB club
fully and completely complies with the provisions and requirements
of this article within 10 days following the date on which the application
is received. If the Commissioner of Police determines that the applicant
fully and completely complies with the provisions hereof, he shall
issue a BYOB club permit; if the Commissioner of Police determines
that the applicant does not fully and completely comply with the provisions
hereof, he shall deny the issuance of BYOB club permit and shall furnish
written evidence of the same to the applicant together with the reason(s)
for the denial.
C.
The club shall pay an administrative fee as set forth from time to
time by resolution of the Board of Supervisors for a BYOB club permit
and a fee as set forth from time to time by resolution of the Board
of Supervisors for each renewal thereof. Said BYOB club permit shall
be effective for a period of one year following the date of issuance,
provided that in the event the BYOB club fails to fully and completely
comply with the provisions hereof during the term of the BYOB club
permit so issued, the Commissioner of Police shall have the authority
to revoke the BYOB club permit due to the BYOB club's lack of
compliance.
This article shall be enforced by action brought before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person,
firm or corporation who or which violates or permits the violation
of this article shall, upon conviction in a summary proceeding, be
punishable by a fine of not more than $1,000 or by imprisonment for
a term not exceeding 90 days. Each day or portion thereof that such
violation continues or is permitted to continue shall constitute a
separate offense. Each section of this article that is violated shall
also constitute a separate offense.
