[Ord. 3-2004, 8/26/2004, § 1]
The Board of Supervisors hereby declares that the purpose of
this Part is to regulate the hours of operation of B.Y.O.B. clubs
in order to preserve the health, safety and general welfare of its
citizens and to protect the right of its citizens to the quiet enjoyment
of their property.
[Ord. 3-2004, 8/26/2004, § 1]
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section:
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.
Any business facility such as a dance hall, club or association
existing on the date of enactment of this Part or coming into existence
thereafter, and which is 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 individuals or an organization for the purpose of a private
party in which alcoholic beverages are carried onto the premises shall
not be considered a B.Y.O.B. Club under the terms of this Part.
[Ord. 3-2004, 8/26/2004, § 1]
1.
It shall be unlawful for any person or persons who own, operate,
lease, manage or control a B.Y.O.B. Club to:
A.
Remain open and/or to transact business between the hours of 2:00
a.m. and 7:00 a.m., prevailing time, of each day and at any time on
Sundays.
B.
Conduct activities to which this Part applies without possessing
a valid Club permit.
C.
To operate or conduct business within one mile of a public or private
school, public library and/or place of religious worship, i.e., church.
D.
To permit individuals to consume alcoholic, brewed or malt beverages
in or around the exterior of the premises of the B.Y.O.B. Club.
E.
To permit the operation or conduct of business in or around the exterior
of the premises of the B.Y.O.B. Club.
[Ord. 3-2004, 8/26/2004, § 1]
In the event any of the unlawful activities specified herein
is 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 the Part, as well as the person or persons engaged in the unlawful
activity.
[Ord. 3-2004, 8/26/2004, § 1]
The unlawful activities specified herein shall constitute separate
and distinct offenses for each and every day in which said activities
are conducted.
[Ord. 3-2004, 8/26/2004, § 1]
1.
Any and all B.Y.O.B. Clubs to which this Part applies shall comply
with the following requirements:
A.
Obtain broad form general liability coverage, $5,000,000 single limit
per occurrence, proof of which shall be filed with the Township Manager.
B.
Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and Hunlock Township, Codes Enforcement
Office, and prominently display said certificate as required.
C.
Obtain an annual fire inspection of the premises by the Township
Codes Enforcement Officer.
D.
Obtain a valid B.Y.O.B. Club permit pursuant to § 13-107 of this Part and prominently display said permit as required.
E.
Conspicuously post the hours of operation at the business premises
such that patrons are sufficiently apprised of the same.
[Ord. 3-2004, 8/26/2004, § 1]
1.
Any person or persons desiring to operate or continue to operate a B.Y.O.B. Club shall file with the Commissioner of Police an application for a B.Y.O.B. Club permit, which application shall include the following information: the name and address of the B.Y.O.B. Club, a statement whether the business address of the lessor of the business premises, if applicable, the nature of the ownership of the B.Y.O.B. Club, i.e., corporation, partnership, joint venture, association, the names and addresses of any and all persons who possess an ownership and/or financial interest in the B.Y.O.B. Club, and a notarized statement that the B.Y.O.B. Club complied with the requirements of § 13-106 herein.
2.
The Commissioner of Police shall determine whether the B.Y.O.B. Club
fully and completely complies with the provisions and requirements
of this Part within 10 days following the date on which the application
is received. If the Commissioner of Police determines that the applicant
fully and completely complies with the provisions hereof, he shall
issue a B.Y.O.B. Club permit; if the Commissioner of Police determines
that the applicant does not fully and completely comply with the provisions
hereof, he shall deny the issuance of B.Y.O.B. Club permit and shall
furnish written evidence of the same to the applicant together with
the reason(s) for the denial.
3.
The Club shall pay an administrative fee of $250 for a B.Y.O.B. Club
permit and $100 for each renewal thereof. Said B.Y.O.B. Club permit
shall be effective for a period of one year following the date of
issuance, provided, that in the event B.Y.O.B. Club fails to fully
and completely comply with the provisions hereof during the term B.Y.O.B.
Club permit so issued, the Commissioner of Police shall have the authority
to revoke the B.Y.O.B. Club permit due to B.Y.O.B. Club's lack
of compliance.
[Ord. 3-2004, 8/26/2004, § 1]
Any person, persons or entity violating the provisions of this
Part shall, upon conviction thereof, be sentenced to a fine not exceeding
$600 and/or to imprisonment not exceeding 90 days or both.
