Borough of Moosic, PA Article I Public Consumption

[Adopted 9-13-1994 by Ord. No. 11-1994]

§ 77-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

INTENT TO CONSUME[1]

Includes any of the following:

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands without permission.

OPEN CONTAINER

Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage.

[2]

PERSON

Any individual, firm, corporation, partnership, organization and/or other similar entity.

POSSESSION

Exercise of dominion over the container or beverage.

[3]

PUBLIC PLACE

Any place to which the public has access, including any public street or sidewalk, the front of and the area immediately adjacent to any school, parking lot, restaurant, tavern or other place of business.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 77-2 Restrictions on public consumption.

[Amended 5-14-2002 by Ord. No. 9-2002]

A. No person shall drink or consume or be in possession of with intent to consume any open container of liquor, wine, beer and/or any other alcoholic beverage in or upon any public place, including sidewalks, streets, lands, parking lots, parks or recreation areas or any public property within the Borough of Moosic.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. No person shall drink or consume or be in possession of with intent to consume any open container of liquor, wine, beer and/or any other alcoholic beverage in any vehicle in or upon any public place within the Borough of Moosic as described in Subsection A of this section.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Provided, however, that any duly recognized and organized community organization may request an exemption from the operation of this article, provided the following is provided:

(1) That any organization requesting an exemption shall make a written formal request of the Borough requesting said exemption indicating the days of use of the public facility, and the times and the specific purpose.

(2) Before granting any exemption, the applicant shall submit written approval or a permit from the Pennsylvania Liquor Control Board authorizing the sale of alcoholic beverages and said organization shall provide an insurance policy to the Borough of Moosic providing liability coverage and coverage for any alcohol-related occurrences in an amount not less than $300,000.

§ 77-3 Violations and penalties.

Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term not to exceed 30 days.