[HISTORY: Adopted by the City Council of the City of Pottsville 10-14-1980 as Ord. No. 279. Amendments noted where applicable.]
The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
ALCOHOLIC BEVERAGES
Includes liquor and malt or brewed beverages.
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 10-12-2015 by Ord. No. 846]
LIQUOR
Includes any alcoholic, spiritous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spiritous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol usable or taxable for beverage purposes, which contain more than one-half of one per centum (1/2 of 1%) of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.
MALT OR BREWED BEVERAGES
Includes any beer, lager beer, ale, porter or similar fermented malt beverage containing one-half of one per centum (1/2 of 1%) or more of alcohol by volume, by whatever name such beverage may be called.
PUBLIC PLACE
Includes any public street or alley within the City of Pottsville, including both the cartways and the sidewalks, any park or playground owned by or leased to the City of Pottsville and any other land or building owned by or leased to the city or any of its agencies, authorities or instrumentalities.
[Amended 12-8-1987 by Ord. No. 383; 12-12-1994 by Ord. No. 527]
The consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage in any public place is prohibited; provided, however, that such prohibition shall not apply to alcoholic beverages purchased from the holder of a special occasion permit issued by the Pennsylvania Liquor Control Board pursuant to Section 4-408.4 of the Pennsylvania Liquor Code[1] and consumed at the location of the special event for which such permit was issued, nor shall it apply to alcoholic beverages consumed within any sidewalk cafe or similar outdoor facility licensed by the Pennsylvania Liquor Control Board, nor shall it apply to alcoholic beverages consumed inside buildings at social events sponsored by nonprofit organizations; provided, further, however, that nothing herein shall be construed as authorizing the consumption of alcoholic beverages in violation of any provisions of the Pennsylvania Liquor Code or state or federal statutes or other city ordinances.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[Added 10-12-2015 by Ord. No. 846[1]
BYOB operations, as herein defined, shall be permitted in the City of Pottsville subject to the following conditions:
A. 
Any person or entity who/which desires to engage in a BYOB operation must apply to the City of Pottsville for a BYOB operation permit pursuant to policies promulgated herein and fees established by City Council from time to time, and administered by the Health/Code Enforcement Office.
B. 
The BYOB operation shall obtain and keep in force broad-form general liability insurance coverage of $1,000,000 single limit per occurrence, proof of which shall be submitted at time of application.
C. 
A BYOB operation must be in compliance with all applicable City codes, including but not limited to the City Health Code, the Pennsylvania Uniform Construction Code as administered by the City, [2]the City Property Maintenance Code[3] and the City Zoning Code.[4]
[2]
Editor's Note: See Ch. 101, Uniform Construction Code.
[3]
Editor's Note: See Ch. 170, Property Maintenance.
[4]
Editor's Note: See Ch. 220, Zoning.
D. 
Any facility/property on which a BYOB operation is to take place must have a current trash account, and taxes are to be paid up-to-date; any facility/property also needs to obtain and display a valid City eating and drinking license.
E. 
Any person or persons who are applying for a BYOB permit or renewing an existing license cannot do so if:
(1) 
Any prior felony convictions.
(2) 
Any misdemeanor/conviction during prior 18 months or two or more summary convictions within the last 12 months exist.
F. 
All BYOB operations must post the BYOB operation permit at or near the main entrance of any facility/property on which a BYOB operation is taking place, fully visible to patrons from outside the facility.
[1]
Editor's Note: This ordinance also repealed former § 84-4, Violations and penalties, as amended 12-12-1994 by Ord. No. 527. See now § 84-7.
[Added 10-12-2015 by Ord. No. 846]
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. 
Alcoholic beverages shall not be supplied in any manner on the property.
G. 
Business owners and employees shall not be visibly intoxicated on the premises.
H. 
Alcoholic beverages shall not be offered as a prize for any activity conducted on the premises.
[Added 10-12-2015 by Ord. No. 846]
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 this article during the term of the BYOB permit so issued, the Police Department shall have the authority to immediately revoke the BYOB permit for a minimum of six months up to one year.
A. 
Any person violating § 84-2 of this chapter shall, upon conviction, be sentenced to pay a fine not exceeding $600 and costs of prosecution and, in default of payment of such fine and costs, to undergo imprisonment in the Schuylkill County Prison or other suitable facility for not more than 90 days.
B. 
Any person or entity who/which shall violate any provision of §§ 84-4 through 84-6 of this chapter, upon conviction in a summary proceeding, shall be sentenced to pay a fine of $100 to $600 for the first offense and $1,000 for the second and subsequent offenses plus costs of prosecution. In default of payment of the same, the individual operator, manager, owner or patron, as appropriate, shall undergo imprisonment for not more than 30 days.
C. 
Enforcement shall be by the City Police Department or the Health/Code Enforcement Office.
[Added 10-12-2015 by Ord. No. 846]
The provisions of this chapter are severable, and if any of its sections, clauses or sentences shall be held illegal, invalid or unconstitutional, such provision shall not affect or impair any remaining sections, clauses or sentences of the same.