The following words or phrases, unless the context
clearly indicates otherwise, shall have the meanings 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 10-12-2015 by Ord.
No. 846]
LIQUOR
Includes any alcoholic, spiritous, vinous, fermented or other
alcoholic beverage, or combination of liquors and mixed liquor, a
part of which is spiritous, vinous, fermented or otherwise alcoholic,
including all drinks or drinkable liquids, preparations or mixtures
and reused, recovered or redistilled denatured alcohol usable or taxable
for beverage purposes, which contain more than one-half of one per
centum (1/2 of 1%) of alcohol by volume, except pure ethyl alcohol
and malt or brewed beverages.
MALT OR BREWED BEVERAGES
Includes any beer, lager beer, ale, porter or similar fermented
malt beverage containing one-half of one per centum (1/2 of 1%) or
more of alcohol by volume, by whatever name such beverage may be called.
PUBLIC PLACE
Includes any public street or alley within the City of Pottsville,
including both the cartways and the sidewalks, any park or playground
owned by or leased to the City of Pottsville and any other land or
building owned by or leased to the city or any of its agencies, authorities
or instrumentalities.
[Amended 12-8-1987 by Ord. No. 383; 12-12-1994 by Ord.
No. 527]
The consumption of alcoholic beverages or the
possession of an open container of an alcoholic beverage in any public
place is prohibited; provided, however, that such prohibition shall
not apply to alcoholic beverages purchased from the holder of a special
occasion permit issued by the Pennsylvania Liquor Control Board pursuant
to Section 4-408.4 of the Pennsylvania Liquor Code and consumed at the location of the special event for
which such permit was issued, nor shall it apply to alcoholic beverages
consumed within any sidewalk cafe or similar outdoor facility licensed
by the Pennsylvania Liquor Control Board, nor shall it apply to alcoholic
beverages consumed inside buildings at social events sponsored by
nonprofit organizations; provided, further, however, that nothing
herein shall be construed as authorizing the consumption of alcoholic
beverages in violation of any provisions of the Pennsylvania Liquor
Code or state or federal statutes or other city ordinances.
Any alcoholic beverages being consumed in violation
of this chapter may be seized and confiscated by any police officer
of the City of Pottsville.
[Added 10-12-2015 by Ord.
No. 846
BYOB operations, as herein defined, shall be permitted in the
City of Pottsville subject to the following conditions:
A. Any person or entity who/which desires to engage in a BYOB operation
must apply to the City of Pottsville for a BYOB operation permit pursuant
to policies promulgated herein and fees established by City Council
from time to time, and administered by the Health/Code Enforcement
Office.
B. The BYOB operation shall obtain and keep in force broad-form general
liability insurance coverage of $1,000,000 single limit per occurrence,
proof of which shall be submitted at time of application.
C. A BYOB operation must be in compliance with all applicable City codes,
including but not limited to the City Health Code, the Pennsylvania
Uniform Construction Code as administered by the City, the City Property Maintenance Code and the City Zoning Code.
D. Any facility/property on which a BYOB operation is to take place
must have a current trash account, and taxes are to be paid up-to-date;
any facility/property also needs to obtain and display a valid City
eating and drinking license.
E. Any person or persons who are applying for a BYOB permit or renewing
an existing license cannot do so if:
(1) Any prior felony convictions.
(2) Any misdemeanor/conviction during prior 18 months or two or more
summary convictions within the last 12 months exist.
F. All BYOB operations must post the BYOB operation permit at or near
the main entrance of any facility/property on which a BYOB operation
is taking place, fully visible to patrons from outside the facility.
[Added 10-12-2015 by Ord.
No. 846]
A. No alcohol may be consumed in the permitted premises between the
hours of 11:00 p.m. and 11:00 a.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. Alcoholic beverages shall not be supplied in any manner on the property.
G. Business owners and employees shall not be visibly intoxicated on
the premises.
H. Alcoholic beverages shall not be offered as a prize for any activity
conducted on the premises.
[Added 10-12-2015 by Ord.
No. 846]
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 this article during the term of the BYOB permit so issued,
the Police Department shall have the authority to immediately revoke
the BYOB permit for a minimum of six months up to one year.
[Added 10-12-2015 by Ord.
No. 846]
The provisions of this chapter are severable, and if any of
its sections, clauses or sentences shall be held illegal, invalid
or unconstitutional, such provision shall not affect or impair any
remaining sections, clauses or sentences of the same.
[Added 10-12-2015 by Ord.
No. 846]
Chapter
84 of the Code of the City of Pottsville, entitled "Alcoholic Beverages," shall in all other respects be and remain in full force and effect.