[HISTORY: Adopted by the Borough Council of the Borough of
Littlestown as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Recreation Board — See Ch. 92.
[Adopted 9-22-1981 by Ord. No. 327 (Ch. 40, Art. I, of the
1994 Code)]
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section:
"liquor," "alcohol," or "alcoholic beverage," "malt or brewed beverages,"
"container," "package," "person," potable distilled spirits" and "Official
Seal" shall have the same meanings herein as are ascribed to such
words and phrases as in the Liquor Code of the Commonwealth of Pennsylvania,
Act of April 12, 1951, P.L. 90, § 101 et seq. (47 P.S. § 1-101
et seq.).
It shall be unlawful for any person or persons to transport,
possess or consume liquor, alcoholic beverages, malt or brewed beverages
and potable distilled spirits within the Littlestown Public Park,
except in instances or situations wherein a special permit has been
issued to persons or entities who have properly rented the Littlestown
Public Park pavilions and in compliance with the terms and provisions
of said special permit.
[Amended 11-23-1982 by Ord. No. 335]
It shall be unlawful for any person or persons to transport,
possess or consume liquor, alcohol, alcoholic beverages, malt or brewed
beverages and potable distilled spirits in and upon the lands, grounds,
buildings and improvements of the Littlestown Area School District.
(NOTE: The special permit provisions herein are inapplicable to the
present section.)
A person or entity seeking issuance of a special permit to consume,
possess or transport liquor, alcohol or malt or brewed beverages in
conjunction with the proper renting of the Littlestown Public Park
pavilion(s) shall file an application thereof with the Borough Secretary
on forms provided by the latter. An application for such a special
permit shall be filed with the Borough Secretary not less than three
nor more than 30 days prior to the date on which the proposed activity
is to take place.
The application for a special shall set forth the following
information:
A.
The name, address and telephone number of the persons seeking the
special permit or, in case of a group, entity or organization, the
name, address and telephone number of such group, entity or organization,
as well as the name, address and telephone number of the duly authorized
and responsible representative of such group, entity or organization.
B.
The name, address and telephone number of the person or entity who
or which will be the chairperson and who will be responsible for conduct
of the activity.
C.
The date and time when the activity is to be conducted.
D.
The specific location of the activity proposed.
E.
The approximate number of persons or entities who will participate
in the activity.
F.
The hours when such activity will start and terminate.
G.
Any additional information which the Borough Secretary shall find
reasonably necessary for a fair determination as to whether a permit
should be issued.
The Borough Secretary, where good cause is shown therefor, shall
have the authority to consider and approve any application hereunder
which is filed less than three days before the date such activity
is proposed to be conducted.
The Borough Secretary shall act upon the application for a special
permit within two days after the filing thereof. If the Borough Secretary
disapproves the application, he shall mail to the applicant, within
two days after the date upon which the application was filed, a notice
of his action, stating the reasons for the denial of the special permit.
The Borough Secretary shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, he finds the following:
A.
The conduct of the activity proposed will not substantially interrupt
the safe and orderly activity of the Littlestown Public Park and pavilion
areas in question or the safe and orderly movement of traffic, pedestrian
and vehicular.
B.
The conduct of the activity will not require the diversion of so
great a number of police officers of the Borough to properly police
the activity so as to prevent normal police protection of the Borough.
C.
The concentration of persons at the activity will not unduly interfere
with proper utilization of the park, playground and pavilion areas
or with proper fire and police protection of such areas and areas
contiguous to said areas.
D.
The conduct of the activity is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or to create
a disturbance.
E.
The conduct of the activity is not reasonable likely to cause littering
or a health hazard to the citizens of the Borough of Littlestown.
No special permit shall be granted under this article for an
activity to convene before 7:00 a.m. or to terminate after 11:00 p.m.
Any person or entity aggrieved by the denial of a special permit
shall have the right to appeal the denial of a special permit to the
Borough Council of the Borough of Littlestown. The appeal shall be
taken within 48 hours after notice of denial of a special permit.
The Littlestown Borough Council shall act upon the appeal at its next
regularly scheduled meeting, but no later than 31 days from the time
of receipt of the appeal.
The Borough Secretary, in denying an application for a special
permit, shall be empowered to authorize the activity on a day, at
a time or at a location different from that named by the applicant.
An applicant desiring to accept an alternate permit shall, within
two days after receipt of notice of the action of the Borough Secretary,
file a written notice of acceptance with the Borough Secretary. An
alternate special permit shall conform to the requirements of and
shall have the effect of a special permit under this article.
Immediately upon the issuance of a special permit, the Borough
Secretary shall transmit a copy thereof to the Mayor, the Chief of
Police and any other Borough officials or employees affected thereby.
The Borough Secretary shall have the authority to revoke a special permit issued hereunder upon violation of the standards for issuance as set forth in § 303-9 above.
The activity chairman or other persons heading or leading such
activity shall carry the special permit upon his or her person during
the conduct of the activity.
A permittee hereunder shall comply with all permit directions,
terms and provisions and with all applicable law and ordinances.
Any person or entity who shall violate the provisions of this
article shall, upon conviction thereof, be sentenced to pay a maximum
fine of $300 together with the costs of prosecution and, in default
of payment of such fine and costs, to undergo imprisonment in accordance
with law.
This article shall become effective the 22nd day of September
1981.
