[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 15-1990. Amendments noted where applicable.]
The Council of the City of Harrisburg hereby declares the purpose
of this chapter 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 chapter, unless otherwise expressly stated or
clearly indicated by the context, 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, Act of June 29, 1987, P.L. 32.
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 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 an 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 chapter.
The owner or operator of a BYOB club must:
A.
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.
Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and the City of Harrisburg, Bureau
of Codes Enforcement, and prominently display said certificate as
required.
C.
Obtain a valid business privilege/mercantile license from the City
and prominently display said license as required.
D.
Obtain a zoning permit pursuant to Title 7, Planning and Zoning Code,
which states that the BYOB club engages in an activity on the premises
which is permitted under the Zoning Code of the City and prominently
display said permit as required.
E.
Obtain an amusement permit pursuant to Chapter 5-709, Amusement Tax, if applicable, and prominently display said permit as required.
F.
Obtain an operator license relating to mechanical amusement devices pursuant to Chapter 5-711, Mechanical Amusement Devices, if applicable, and prominently display said license as required.
G.
Obtain a food license pursuant to Title 6, Public Health Code, if
applicable, and prominently display said license as required.
H.
Obtain a valid BYOB club permit pursuant to this chapter and prominently
display said permit as required.
I.
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 Chief of Police an application for
a BYOB club permit. This application shall include the following information:
(1)
The
name and address of the BYOB club.
(2)
A
statement whether the business premises is leased or owned by the
BYOB club.
(3)
The
name and address of each lessee of the business premises, if applicable.
(4)
The
nature of the ownership of the BYOB club, i.e., corporation, partnership,
joint venture, association, etc.
(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.
B.
The Chief of Police shall determine whether the applicant has fully
and completely complied with the provisions and requirements of this
chapter within 10 days following the date on which the application
is received. If the Chief of Police determines that the applicant
has fully and completely complied with the provisions hereof, a BYOB
club permit shall be issued. If the Chief of Police determines that
the applicant does not fully and completely comply with the provisions
hereof, he or she shall deny the issuance of a BYOB club permit and
shall furnish written documentation of the same to the applicant together
with the reason(s) for denial.
C.
The club shall pay an administrative fee of $100 for a BYOB club permit and $50 for each renewal thereof. The BYOB club permit shall be effective for a period of one year following the date of issuance, provided that, in the event the operator of a BYOB club fails to fully and completely comply with the provisions hereof or is convicted of any unlawful activities as defined in § 3-349.5 during the term, the Chief of Police shall revoke the BYOB club permit due to lack of compliance.
In any zone in which BYOB clubs are otherwise permitted, it
shall be unlawful for any person or persons who own, operate, lease,
manage or control a BYOB club to:
A.
Remain open and/or to transact business between the hours of 2:00
a.m. and 8:00 a.m., prevailing time, if said BYOB club is located
in a residence zone or within 500 feet of a residence, school or hospital;
or
B.
Conduct activities to which this chapter applies without possessing
a valid club permit, issued in accordance with this chapter.
A.
In the event any of the unlawful activities specified in this chapter
are 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 chapter as well as the person or persons engaged in the unlawful
activity.
B.
In addition to any monetary penalties involved, the Chief of Police
may revoke the club permit required by this chapter for violations
of its requirements.
