[HISTORY: Adopted by the Board of Supervisors of the Township of
Loyalsock 10-24-1989 by Ord. No. 218. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages in parks — See Ch. 150.
This chapter shall be known and may be cited as the "Bottle Club Ordinance
of Loyalsock Township."
A.
The Board of Supervisors has determined and hereby determines
that the consumption of alcoholic beverages between the hours of 2:00 a.m.
and 8:00 a.m. on business premises not licensed by the Pennsylvania Liquor
Control Board creates conditions which disrupt the peaceable living conditions
of the neighborhood in which such activities are conducted.
B.
The Board of Supervisors further finds that the exhibition
of any lewd, immoral or improper entertainment upon or within such business
premises is not in the best interest of the public health, welfare and safety
of the community.
C.
The Board of Supervisors of Loyalsock Township further
finds that the permitting of undesirable persons or minors to frequent such
business premises is not in the best interest of the public health, welfare
and safety of the community.
A.
It shall be unlawful for any person or persons to allow
on business premises the storage by others of alcoholic beverages, as defined
in the Pennsylvania Liquor Code, owned, operated, leased or controlled by
him, her or them which are not licensed by the Pennsylvania Liquor Control
Board, or consumption by anyone of said alcoholic beverages on said premises
between the hours of 2:00 a.m. and 8:00 a.m. prevailing time of each day or
to allow on such business premises any persons to consume alcoholic beverages
on said premises, whether or not stored on said premises, between the hours
of 2:00 a.m. and 8:00 a.m. prevailing time of each day.
B.
It shall be unlawful for any person or persons to be present on business premises in which alcoholic beverages are stored or consumed in violation of Subsection A above, between the hours of 2:00 a.m. and 8:00 a.m. prevailing time of each day.
C.
Business premises.
(1)
It shall be unlawful for any such premises or the servants,
agents or employees thereof to permit persons of ill repute, known criminals,
prostitutes or minors to frequent the business premises or any premises operated
in connection therewith, except minors accompanied by parents, guardians or
other proper supervision, or except minors who frequent any restaurant where
the sale of food and nonalcoholic beverages is the primary business conducted
thereon, on the condition that alcoholic beverages may not be consumed at
the table or booth at which said minor is seated at the time unless said minor
is under proper supervision as hereinafter provided. Provided, however, that
it shall not be unlawful for any such business premises to permit minors under
proper supervision upon said premises or any premises operated in connection
therewith for the purpose of social gathering even if such gathering is exclusively
for minors; provided, further, that no liquor shall be sold, furnished or
given to such minors nor consumed by said minors, nor shall the premises operator,
servants, agents or employees knowingly permit any liquor or malt beverages
to be sold, furnished, given or consumed by any minor, and the area of such
gathering shall be segregated from the remainder of the business premises.
In the event that the area of such gathering cannot be segregated from the
remainder of the business premises, all alcoholic beverages must be either
removed from said premises or placed under lock and key during the time the
gathering is taking place.
(2)
"Proper supervision," as used in this subsection, means
the presence on that portion of said premises where a minor or minors are
present of one person 25 years of age or older for every 50 minors or part
thereof who is directly responsible for the care and conduct of such minor
or minors while on said premises and in such proximity that the minor or minors
are constantly within sight or hearing. The presence of the proprietor, operator,
or any employee or security officer of the proprietor or operator shall not
constitute proper supervision.
D.
It shall be unlawful for any person or persons to permit,
participate in, allow, condone or to exhibit upon such premises at any time
any lewd, immoral or improper entertainment.
E.
It shall be unlawful for any person or persons to permit
a person or persons engaged directly or indirectly as an entertainer in the
business premises, or a room or a place connected therewith, to contact or
associate with the patrons in the establishment room or place. A copy of this
restriction shall be constantly and conspicuously displayed on the wall of
the dressing room or rooms used by entertainers.
F.
It shall be unlawful for any person or persons to employ,
directly or indirectly, a minor person under the age of 18 years as an entertainer
in the licensed business premises or in a room or place connected therewith,
nor may a business proprietor, his agents, servants, workman or employees
permit in the business premises, establishment room or place a minor person
under the age of 18 years to act as an entertainer.
G.
It shall be unlawful for any person or persons, the proprietor,
his agent, servant, workmen or employees, to permit an employee in the business
premises or in a room or place connected therewith to contact or associate
with the patrons in the business premises, establishments, rooms or places
except as necessary in the actual service of food and beverages.
H.
Each day activities proscribed by this chapter are engaged
in or conducted shall constitute a separate offense.
I.
In the event that any of the aforesaid activity is conducted
by or in the name of a corporation, partnership, joint venture, trust, firm
or association and/or the premises in which said activities are conducted
are owned or leased by a corporation, partnership, joint venture, trust, firm
or association, the officers or agents of the corporation, partnership, joint
venture, trust, firm or association shall be deemed in violation of this chapter,
as well as the person or persons engaged in the prohibited activity set forth
in this chapter.
[Amended 10-8-1996 by Ord.
No. 266[1]]
This chapter shall be enforced by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits
the violation of this chapter shall, upon conviction in a summary proceeding,
be punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment
for a term not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate offense.
Each section of this chapter that is violated shall also constitute a separate
offense.
