Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 8-23-1978 by Ord. No. 78-23. Amendments noted where applicable.]

§ 92-1 Definitions.

A. 
"Liquor" and "malt or brewed beverages" and "container" and "official seal" shall mean the same as those words and phrases are defined in the Liquor Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
B. 
The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section:
BYOB OPERATION
Any business facility, such as a dance hall, club, restaurant, meeting room 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, or associated with the purchase of nonalcoholic beverages or food, consume alcoholic beverages which said patrons have carried onto the premises; also commonly referred to as a "bring your own bottle" operation.
[Added 2-25-2013 by Ord. No. 2013-02]
OPEN
When used in connection with a container shall mean any container which has been perforated in the case of a can or similar container or a container on which the cap has been loosened or the cork displaced and the official seal torn or mutilated.

§ 92-2 Consumption in public places unlawful.

[Amended 11-17-2008 by Ord. No. 2008-14]
Except as may be provided in Chapter 254 at § 254-18F and G of the Code of the Borough of Chambersburg, it shall be unlawful, within the Borough of Chambersburg, for any person to drink liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use or public park, or in any vehicle being operated or parked thereon.

§ 92-3 Possession of open containers in public places unlawful.

[Amended 11-17-2008 by Ord. No. 2008-14]
Except as may be provided in Chapter 254 at § 254-18F and G of the Code of the Borough of Chambersburg, it shall be unlawful, within the Borough of Chambersburg, for any person to have in such person’s possession or in a vehicle under such person’s control any open container containing liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use or public park.

§ 92-4 Authorization of BYOB operations; requirements.

[Added 2-25-2013 by Ord. No. 2013-02[1]]
BYOB operations, as herein defined, shall be permitted in the Borough of Chambersburg subject to the following conditions:
A. 
Any person or entity who/which desires to engage in a BYOB operation must apply to the Borough of Chambersburg for a BYOB operation permit pursuant to policies promulgated and fees established by Borough Council from time to time, and administered by the Borough Secretary. The permit shall be prominently displayed at or near the main entrance to the facility in which the BYOB operation is to occur;
B. 
The BYOB operation shall obtain and keep in force broad-form general liability insurance coverage, proof of which shall be filed with the Borough Secretary;
C. 
A BYOB operation must be in compliance with all applicable Borough codes, including but not limited to the Borough Health Code, the Pennsylvania Uniform Construction Code as administered by the Borough, the Borough Property Maintenance Code and the Borough Zoning Code;
D. 
Any facility in which or property on which a BYOB operation is to take place must obtain and display a Borough retail food facility license; and
E. 
All BYOB operations must post the BYOB operation permit at or near the main entrance of any facility in which or property on which a BYOB operation is taking place, fully visible to patrons from outside the facility.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 92-4 as § 92-7.

§ 92-5 BYOB facilities performance standards; prohibited acts.

[Added 2-25-2013 by Ord. No. 2013-02]
A. 
No alcohol may be consumed in the permitted premises between the hours of 11:00 a.m. and 11:00 p.m. The facility owners, event organizers, facilities managers as well as offending patrons may be prosecuted for violation of this provision.
B. 
Entertainers are prohibited from coming into contact with any patron while performing. Entertainers on the interior of the premises shall not be visible from outside the premises.
C. 
Gambling, lotteries and gambling devices are prohibited on the premises.
D. 
Alcoholic beverages may not be consumed by persons under 21 years old.
E. 
The consumption of alcoholic beverages on the premises by visibly intoxicated persons shall be prohibited.
F. 
Business owners and employees shall not be visibly intoxicated on the premises.
G. 
Alcoholic beverages shall not be offered as a prize for any activity conducted on the premises.

§ 92-6 Permit term; revocation.

[Added 2-25-2013 by Ord. No. 2013-02]
A. 
BYOB Permits shall be effective for a period of one year from January 1 to December 31.
B. 
In the event the BYOB operation fails to fully and completely comply with the provisions hereof or is convicted of any unlawful activities as defined in §§ 92-4 and 92-5 during the term of the BYOB permit so issued, the Police Department shall have the authority to revoke the BYOB Permit for a minimum of six months.

§ 92-7 Violations and penalties; enforcement.

[Amended 2-25-2013 by Ord. No. 2013-02]
A. 
Any person or entity who shall violate any provision of §§ 92-2 and 92-3 of this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $600 plus costs of prosecution and in default of payment of the same, to undergo imprisonment for not more than 30 days.
B. 
Any person or entity who/which shall violate the provisions of §§ 92-4 through 92-6 of this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $600 plus costs of prosecution and, in default of payment of the same, the individual operator, manager, owner or patron, as appropriate, shall undergo imprisonment for not more than 30 days.
C. 
Enforcement shall be by the Borough Police Department.