[HISTORY: Adopted by the City Council of the City of Oil
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-1981 by Ord. No. 2395 (Ch. 61, Art. I, of the
1986 Code)]
For the purposes of this article, the following words or phrases,
unless the context clearly indicates otherwise, shall have the meaning
ascribed to them in this section:
Ethyl alcohol of any degree of proof, whether rectified or
diluted, with or without water, whatever may be the origin thereof,
and shall include synthetic ethyl alcohol but shall not mean or include
ethyl alcohol that has been denatured or otherwise rendered unfit
for beverage purposes.
Includes any drink or drinkable liquid, preparation or mixture
which contains alcohol.
Includes any receptacle, vessel or form of package, keg,
can, bottle, cup, glass, mug or conduit used or capable of using for
holding, storing, transferring or shipment of alcoholic beverages.
Includes any container which has been unsealed for the purpose
of removing the contents thereof or from which contents may be removed
due to such unsealing.
Includes every device in, upon or by which any person or
property is or may be transported, except devices used exclusively
upon rails or tracks.
A.
Prohibition: Except when permitted in accordance with Subsection B below, no person shall consume any alcoholic beverage or be in possession of any alcoholic beverage in an open container in any public park within the corporate limits of the City of Oil City or on any street, roadway, alley or public sidewalk within the said corporate limits or in or on any public facility of the City. In no circumstance shall any person consume any alcoholic beverage or be in possession of any alcoholic beverage in an open container while in or on a vehicle being operated upon or parked, stopped or standing on a street, roadway, alley or public sidewalk or in any public parking area or in or on any public park or public facility within the corporate limits of the City.
B.
Exception: City-approved special events.
(1)
The City Manager may grant approval to individuals or organizations to conduct special events which have a public or quasi-public purpose, as determined by the City Manager, within the prohibited public areas designated in Subsection A. During such events, alcoholic beverages may be sold by or under the auspices of the individual or organization and possessed and consumed by patrons of the event, if each of the following conditions is observed:
(a)
The individual or organization has submitted a written application
to the City Manager a minimum of 60 days prior to the beginning of
the event. The request must contain a detailed description of the
special event proposed to be conducted, including all elements set
forth in Subsection B(3) below. The City Manager will coordinate review
of the request by the Police, Fire and Public Works Departments and
such other departments as the City Manager shall designate. The City
Manager reserves the right to disapprove any such request if it is
determined to be inconsistent with the public interest or to have
an adverse effect upon public safety, health or welfare.
(b)
The individual or organization has obtained a special occasion
permit issued by the Pennsylvania Liquor Control Board.
(c)
The individual or organization has executed an agreement with
the City at least 30 days in advance of the event, which agreement
will contain, but not be limited to, the following elements:
[1]
A designation of the event dates and hours of sale of alcoholic
beverages. The City retains, in its sole discretion, the right to
approve or disapprove such dates and hours.
[2]
A plan for enclosing, restricting or controlling access to the
special event area, which must be approved by the Police, Fire and
Public Works Departments as well as any other governmental agency
which may have jurisdiction.
[3]
A plan for police protection, crowd and traffic control. The
plan and personnel necessary to implement it shall be approved by
the Police Department and furnished at the expense of the organization.
[4]
Provisions for sanitary facilities and for safety inspections
as determined to be necessary by the Fire and Building and Zoning
Departments.
[5]
A provision which will indemnify and hold the City, its officials
and employees harmless from any claim and comprehensive general liability
and a separate liquor liability insurance provision in a minimum amount
of $1,000,000 combined single limit on each coverage, evidenced by
a certificate approved by the City Solicitor.
[6]
A provision which reserves the right of the City to immediately
revoke permission and to suspend or terminate the event or any portion
of it if any element of the agreement is violated.
[7]
Any other provision, term, plan or condition deemed necessary
by the City, including cost recovery to the City.
(2)
Events sponsored or co-sponsored by the City and conducted upon municipal
property or at municipal facilities may also be approved by City Council,
subject to compliance with the foregoing requirements, as applicable.
C.
The Council of the City of Oil City is hereby authorized and empowered
to prepare, promulgate and enforce rules and regulations to implement
this article. Such rules and regulations shall have the full force
and effect of law unless modified, revoked or repealed by Council.
Any person who violates any provision of this article shall,
upon conviction thereof in a summary proceeding before any Magisterial
District Judge having jurisdiction of such offense, be sentenced to
pay a fine of not less than $25 nor more than $300 or to undergo imprisonment
not exceeding 90 days, or both, in the discretion of the Magisterial
District Judge.
