[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 8-23-1978 by Ord. No. 78-23. Amendments noted where applicable.]
A. 
"Liquor" and "malt or brewed beverages" and "container" and "official seal" shall mean the same as those words and phrases are defined in the Liquor Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
B. 
The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning 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 2-25-2013 by Ord. No. 2013-02]
OPEN
When used in connection with a container shall mean any container which has been perforated in the case of a can or similar container or a container on which the cap has been loosened or the cork displaced and the official seal torn or mutilated.
[Amended 11-17-2008 by Ord. No. 2008-14; 10-14-2019 by Ord. No. 2019-11]
Except as provided in § 92-3 of this chapter, it shall be unlawful, within the Borough of Chambersburg, for any person to do any of the following:
A. 
Drink liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use, or public park, or in any vehicle being operated or parked thereon;
B. 
To have in such person's possession or in a vehicle under such person's control any open container containing liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use, or public park.
[Amended 11-17-2008 by Ord. No. 2008-14; 10-14-2019 by Ord. No. 2019-11]
A. 
The provisions of this chapter shall not apply to any facility or establishment licensed to serve or to dispense alcoholic beverages by the Pennsylvania Liquor Control Board, or other body pursuant to the laws of the Commonwealth of Pennsylvania, or to persons who are patrons of any such facilities or establishments, provided that the patrons remain within the confines of said facilities or establishments with alcoholic beverages.
B. 
Nothing in this chapter shall be construed to prohibit the retail sale of closed containers of alcoholic beverages or the offering of samples in conjunction therewith, provided the seller has obtained all required licenses under the Pennsylvania Liquor Code, 47 P.S. §§ 1-101 through 10-1001, and complies with all relevant provisions thereof, and provided the seller complies with all relevant provisions of Chapter 254, Article III of the Code of the Borough of Chambersburg, entitled "Public Vending."
C. 
Special Events. The provisions of this chapter shall not apply to special events for which a special event permit is properly issued in accordance with the following:
(1) 
Events on private property. If any person desires to possess, distribute, or consume open containers of alcoholic beverages outdoors but on private property open to the public in the Borough of Chambersburg, said person must apply to the Borough Manager, or his duly authorized representative, for a permit therefor not less than 10 days prior to the date of the scheduled event for which the permit is requested. No fee shall be charged for said permit; however, a permit shall be issued only upon the following conditions:
(a) 
Such person must agree, in writing, to assume full responsibility for supervision of the event and the conduct of the group or individuals benefiting from such permit and to properly clean up and restore the premises, after use, to its prior condition.
(b) 
Each person publicly consuming alcohol or possessing an open container must be of legal drinking age pursuant to Pennsylvania law.
(c) 
Open containers of alcoholic beverages may only be served or distributed by an individual or entity with a valid brewery, catering, restaurant, or winery license in the commonwealth.
(d) 
Distribution, consumption, and possession of open containers of alcoholic beverages shall only occur within the geographic bounds of, and only within the approved time frame of, the special event permit.
(e) 
No permit shall be issued to any person who has failed on a previous occasion to comply with the conditions of a special event permit for 36 months after said failure.
(f) 
No permit may be issued for a period in excess of four consecutive days, nor may multiple permits be issued for more than a total of 12 special events in any calendar year.
(g) 
If there is any charge or donation for admission to the event or purchase of any merchandise, food or drink, then, before a permit will be issued, the applicant must submit proof that he obtained a special occasion permit from the Pennsylvania Liquor Control Board.
(h) 
Obtaining a permit under this chapter does not relieve the permit holder from complying with Chapter 119 and Chapter 204, if applicable.
(2) 
Events on public property. If any person desires to possess, distribute, or consume alcoholic beverages on public property in the Borough of Chambersburg upon which the Borough may, in its discretion, permit the possession, distribution, or consumption of alcoholic beverages, said person must apply to the Borough Manager, or his duly authorized representative, for a permit therefor not less than 10 days prior to the date of the scheduled event for which the permit is requested. No permit shall be issued prior to the applicant attending an in-person meeting with a Borough designee and a representative of the Borough Police Department for the purpose of discussing event specifications, alcohol, and security requirements. A fee in an amount established by resolution from time to time shall be charged for said permit, which shall be issued only upon the following conditions:
(a) 
Each person publicly consuming alcohol or possessing an open container must be of legal drinking age pursuant to Pennsylvania law.
(b) 
Distribution, consumption, and possession of open containers of alcoholic beverages shall only occur within the geographic bounds of, and only within the approved time frame of, the special event permit.
(c) 
Open containers of alcoholic beverages may only be served or distributed by an individual or entity with a valid brewery, catering, restaurant, or winery license in the commonwealth.
(d) 
No permit shall be issued to any person who has failed on a previous occasion to comply with the conditions of a special event permit for 36 months after said failure.
(e) 
Only beverages that are 15% or less alcohol by volume (ABV) may be publicly consumed or served in an open container.
(f) 
No person may consume more than one alcoholic beverage at a time.
(g) 
Open containers shall be limited to a volume of 16 ounces or less.
(h) 
Open containers shall be nonbreakable and shall not be the original container.
(i) 
This exception shall only apply between the hours 12:00 noon and 8:00 p.m.
(j) 
No person may enter an establishment with an open container in their possession without permission of the proprietor.
(k) 
If there is any charge or donation for admission to the event or purchase of any merchandise, food or drink, then before a permit will be issued the applicant must submit proof that he obtained a special occasion permit from the Pennsylvania Liquor Control Board.
(l) 
Obtaining a permit under this chapter does not relieve the permit holder from complying with Chapter 119 and Chapter 204, if applicable.
[Added 2-25-2013 by Ord. No. 2013-02[1]]
BYOB operations, as herein defined, shall be permitted in the Borough of Chambersburg subject to the following conditions:
A. 
Any person or entity who/which desires to engage in a BYOB operation must apply to the Borough of Chambersburg for a BYOB operation permit pursuant to policies promulgated and fees established by Borough Council from time to time, and administered by the Borough Secretary. The permit shall be prominently displayed at or near the main entrance to the facility in which the BYOB operation is to occur;
B. 
The BYOB operation shall obtain and keep in force broad-form general liability insurance coverage, proof of which shall be filed with the Borough Secretary;
C. 
A BYOB operation must be in compliance with all applicable Borough codes, including but not limited to the Borough Health Code, the Pennsylvania Uniform Construction Code as administered by the Borough, the Borough Property Maintenance Code and the Borough Zoning Code;
D. 
Any facility in which or property on which a BYOB operation is to take place must obtain and display a Borough retail food facility license; and
E. 
All BYOB operations must post the BYOB operation permit at or near the main entrance of any facility in which or property on which a BYOB operation is taking place, fully visible to patrons from outside the facility.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 92-4 as § 92-7.
[Added 2-25-2013 by Ord. No. 2013-02]
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. 
Business owners and employees shall not be visibly intoxicated on the premises.
G. 
Alcoholic beverages shall not be offered as a prize for any activity conducted on the premises.
[Added 2-25-2013 by Ord. No. 2013-02]
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 §§ 92-4 and 92-5 during the term of the BYOB permit so issued, the Police Department shall have the authority to revoke the BYOB Permit for a minimum of six months.
[Amended 2-25-2013 by Ord. No. 2013-02; 10-14-2019 by Ord. No. 2019-11]
A. 
Any person or entity who shall violate any provision of this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $600 plus costs of prosecution and, in default of payment of the same, to undergo imprisonment for not more than 30 days.
B. 
Enforcement shall be by the Chambersburg Borough Police Department and/or the Code Enforcement Officer.