[Adopted 9-10-1990 by Ord. No. 1007, approved 9-10-1990]
The Council of the Borough of Middletown hereby declares the
purpose of the within this article is to regulate the hours of operation
of a BYOB club in order to preserve the residential character of neighborhoods
and protect the right of its citizens to the quiet enjoyment of the
same.
As used in this article, the following terms shall have the
meanings indicated:
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,
not licensed by the Pennsylvania Liquor Control Board, wherein patrons
21 years of age and older may, after payment of any 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 individual(s) 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.
A building or structure wholly or partially used for living,
sleeping, eating, cooking and sanitation by human occupants.
Those classes of residential zones specified in Chapter 260, Zoning, of the Code of Ordinances of the Borough of Middletown.
[Amended 6-3-1991 by Ord.
No. 1017, approved 6-3-1991]
A.
In the event of any of the unlawful activities specified in § 98-10 of this article 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 § 98-10, as well as the person or persons engaged in the unlawful activity.
C.
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, as that term is defined in § 98-9 of this article, shall comply with the following requirements:
A.
They shall obtain and carry broad-form general liability coverage,
$1,000,000 single limit per occurrence, proof of which shall be filed
with the Chief of Police.
B.
They shall possess a valid certificate of occupancy issued by the
Pennsylvania Department of Labor and Industry and the Borough of Middletown
Code Enforcement Officer and shall prominently display said certificate
as required.
C.
They shall obtain a valid BYOB club permit pursuant to this article
and shall prominently display said permit as required.
D.
They shall 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 a BYOB club shall file
with the Chief 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)
A statement as to whether the business premises is leased or owned
by the BYOB club;
(3)
The name and address of the lessor of the business premises, if applicable;
(4)
The nature of the ownership of the BYOB club, i.e., corporation,
partnership, joint venture or association;
(5)
The names and addresses of the officers and/or agents of the BYOB
club;
(6)
The names and addresses of any and all persons who possess an ownership
and/or financial interest in the BYOB club; and
B.
The Chief 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 Chief of Police determines that the applicant fully and completely
complies with the provisions hereof, he shall issue a BYOB club permit;
if the Chief of Police determines that the applicant does not fully
and completely comply with the provisions hereof, he shall deny the
issuance of a BYOB club permit and shall furnish written evidence
of the same to the applicant, together with the reason(s) for denial.
C.
The club shall pay an administrative fee of $125 for a BYOB club permit and $75 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 or is convicted of any unlawful activities, as defined in § 98-10, during the term the BYOB club permit is issued, the Chief of Police shall have the authority to revoke the BYOB club permit due to the BYOB club's lack of compliance.
[Amended 4-5-1993 by Ord.
No. 1039, approved 4-5-1993]
[Amended 2-3-1997 by Ord.
No. 1096, approved 2-3-1997]
Any person, persons or entity violating the provisions of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $1,000 nor less than $300 and costs of prosecution
(to include cost of prosecution and attorney fees related to prosecution
of the matter) and, upon refusal to pay such fine and costs, to undergo
imprisonment for not more than 30 days.
