[Adopted 3-15-1993 by Ord. No. 93-2, approved 3-15-1993]
The Borough Council of the Borough of Steelton hereby declares that the purpose of this Article II is to regulate the hours of operation of a B.Y.O.B. club in order to preserve the residential character of neighborhoods and protect the right of its citizens to the quiet enjoyment of the same.
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 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 individual(s) 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 Article II.
A building or structure wholly or partially used for living
and sleeping space by human occupants.
Those classes of residential districts specified in Chapter 120, Zoning, of the Code of the Borough of Steelton, including R-SU Residential District, Single-Family, Urban; R-TS Residential District, Two-Family, Suburban; R-TU Residential District, Two-Family, Urban; and R-MU Residential District, Multifamily, Urban.
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 and/or to transact business between the hours
of 2:00 a.m. and 8:00 a.m., prevailing time, of each day and at any
time on Sundays, if said B.Y.O.B. club is located in a residence district
or within 500 feet of a residence or church.
In the event that any of the unlawful activities specified herein are conducted by or in the name of the 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 this Article II as well as the person or persons engaged in the unlawful activity.
The unlawful activities specified herein shall
constitute separate and distinct offenses for each and every day in
which said activities are conducted.
Any and all B.Y.O.B. clubs to which this Article II applies shall, at all times, comply with the following requirements. They shall:
A.
Obtain broad form general liability coverage, $1,000,000
single limit per occurrence, proof of which shall be filed with the
Code Enforcement Office.
B.
Possess a valid certificate of occupancy issued by
the Pennsylvania Department of Labor and Industry and the Borough
of Steelton, Codes Enforcement Office, and prominently display said
certificate as required.
C.
E.
Conspicuously post the hours of operation at the business
premises such that patrons are sufficiently apprised of the same.
A.
Any person or persons desiring to operate or continue to operate a B.Y.O.B. club shall file with the Code Enforcement Officer 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 premises is leased or owned by the B.Y.O.B. club; the name and 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 or association; the names and addresses of the officers and/or agents of the B.Y.O.B. club; 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 complies with the requirements of § 49-15 herein.
B.
The Code Enforcement Officer shall determine whether the B.Y.O.B. club fully and completely complies with the provisions and requirements of this Article II within 10 days following the date on which the application is received. If the Code Enforcement Officer determines that the applicant fully and completely complies with the provisions hereof, he shall issue a B.Y.O.B. club permit; if the Code Enforcement Officer determines that the applicant does not fully and completely comply with the provisions hereof, he shall deny the issuance of a 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.
C.
The club shall pay an administrative fee of $100 for
a B.Y.O.B. club permit and $50 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 that the B.Y.O.B.
club fails to fully and completely comply with the provisions hereof
during the term the B.Y.O.B. club permit was so issued, the Code Enforcement
Officer shall have the authority to revoke the B.Y.O.B. club permit
due to the B.Y.O.B. club's lack of compliance.
Any person, persons or entity violating the provisions of this Article II shall, upon conviction thereof, be sentenced to a fine not exceeding $600 and, upon failure to pay said fine, imprisonment not exceeding 30 days.
