[HISTORY: Adopted by the Board of Commissioners of the Township of Swatara as indicated in article histories. Amendments noted where applicable.]
Food-handling establishments — See Ch. 160.
Article I Consumption and Possession
Article II B.Y.O.B. Clubs
[Adopted 1-11-1989 by Ord. No. 1989-1 (Ch. 6, Part 7A, of the 1990 Code)]
Unless the context otherwise requires, the following words or phrases shall be construed according to the definitions set forth below:
- ALCOHOLIC BEVERAGES
- Any spirits, wine, beer, ale or other liquid containing more than 1/2 of 1% of alcohol by volume which is fit for beverage purposes.
- Any bottle, can or other vessel in which alcoholic beverages are contained.
No person shall consume any alcoholic beverage in any quantity upon any street, avenue, alley, sidewalk, stairway, thorough fare, or other public property within the Township of Swatara, nor in or upon the parking areas of any private shopping centers, hotels, motels, bars, taverns, restaurants, clubs, churches, or similar establishments.
No person shall possess any container of alcoholic beverage whether wrapped or unwrapped which has been opened or on which the seal has been broken in any manner on any public street, avenue, alley, thoroughfare or other public property within the Township of Swatara, nor in or upon the parking areas of any private shopping centers, hotels, motels, bars, taverns, restaurants, clubs, churches or similar establishments.
No person shall consume nor transport or possess any container of alcoholic beverage whether wrapped or unwrapped which has been opened or on which the seal has been broken in any manner in or on a motor vehicle, motorcycle, motorized pedicycle, motor-driven cycle, or pedicycle (all as defined in Section 102 of the Pennsylvania Motor Vehicle Code) when such described vehicle is located upon any street, avenue, alley, sidewalk, stairway, thoroughfare, or other public property within the Township of Swatara or located upon the parking areas of any private shopping centers, hotels, motels, bars, taverns, restaurants, clubs, churches, or similar establishments.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
Provided, however, that the provisions of §§ 100-2, 100-3 and 100-4 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption or possession by persons in the areas herein designated of any duly described and dispensed medication having alcoholic content as set forth in § 100-1 hereof; and provided further that the provisions of said §§ 100-2, 100-3 and 100-4 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
Whosoever violates any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of the payment of said fine, to undergo imprisonment for a period not to exceed 30 days.
[Adopted 1-11-1989 by Ord. No. 1989-3 (Ch. 6, Part 7B, of the 1990 Code)]
The Board of Commissioners of the Township of Swatara hereby declares the purpose of this article 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:
- ALCOHOLIC BEVERAGES
- 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.
- B.Y.O.B. CLUB
- 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.
- A building or structure wholly or partially used for living and sleeping space by human occupants.
It shall be unlawful for any person or persons who own, operate, lease, manage or control a B.Y.O.B. club to:
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; or
Conduct activities to which this article applies without possessing a valid club permit.
In the event 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, 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 applies shall, at all times, comply with the following requirements:
Obtain broad form general liability coverage, $1,000,000 single limit per occurrence, proof of which shall be filed with the Code Enforcement Office;
Possess a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and the Township of Swatara, Code Enforcement Office, and prominently display said certificate as required;
Obtain a valid business privilege/mercantile license from the Township of Swatara and prominently display said license as required;
Obtain a valid B.Y.O.B. club permit pursuant to § 100-13 of this article and prominently display said permit as required; and
Conspicuously post the hours of operation at the business premises such that patrons are sufficiently apprised of the same.
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, 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 § 100-12 herein.
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 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.
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 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 shall, upon conviction thereof, be sentenced to a fine not exceeding $600 and, upon failure to pay said fine, imprisonment not exceeding 30 days.