[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-16-1997 by Ord. No. 607]
The purpose of this article is to prohibit amusements
and entertainment in establishments licensed by the Pennsylvania Liquor
Control Board pursuant to the authority contained in the Pennsylvania
Liquor Code, as reenacted 1987, June 29, P.L. 32, No. 14 (47 P.S.
§ 1-101 et seq.), including any subsequent amendments thereto.
Amusements and entertainment are prohibited
in all establishments located in Nether Providence Township which
have been issued any retail liquor or retail dispenser license issued
by the Pennsylvania Liquor Control Board, for any premises kept or
operated by a hotel, restaurant, club or retail dispenser.
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings indicated below:
Any reputable group of individuals associated together not
for profit for legitimate purposes of mutual benefit, entertainment,
fellowship or lawful convenience, having some primary interest and
activity to which the sale of liquor or malt and brewed beverages
shall be only secondary which, if incorporated, has been in continuous
existence and operation for at least one year and, if first licensed
after June 16, 1937, shall have been incorporated in this commonwealth
and, if unincorporated, for at least one year immediately preceding
that date of its applications for a license under this act and which
regularly occupies, as owner or lessee, a clubhouse or quarters for
the use of its members. Continuous existence must be proven by satisfactory
evidence. The term includes a privately owned golf course.
Dancing, theatricals, floor shows and motion-picture exhibition
requiring a special or amusement permit pursuant to the Pennsylvania
Liquor Code, excluding any lewd, immoral or improper entertainment.
Any reputable place operated by responsible persons of good
reputation where the public may, for a consideration, obtain sleeping
accommodations and meals and which in a city has at least 10, and
in any other place at least six, permanent bedrooms for the use of
guests, a public dining room or rooms operated by the same management
accommodating at least 30 persons at one time and a kitchen, apart
from the public dining room or rooms, in which food is regularly prepared
for the public.
A reputable place operated by responsible persons of good
reputation and habitually and principally used for the purpose of
providing food for the public, the place to have an area within a
building of not less than 400 square feet, equipped with tables and
chairs accommodating at least 30 persons at one time.
Any person licensed to engage in the retail sale of malt
or brewed beverages for consumption on the premises of such licensee,
with the privilege of selling malt or brewed beverages in quantities
not in excess of 192 fluid ounces in a single sale to one person,
to be carried from the premises by the purchaser thereof.
Any person or persons, corporation, partnership
or other entity whatsoever violating any of the provisions of this
article shall, upon conviction, be sentenced to pay a fine not to
exceed the maximum fine of $500, plus costs and prosecution, or imprisonment
for a term not exceeding 30 days.
