[Adopted 4-20-2000 by Ord. No. 221 (Ch.
6, Part 3, of the 1995 Code)]
As used in this article, the following terms
shall have the meanings indicated:
ALCOHOL
Ethyl alcohol of any degree of proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include synthetic ethyl alcohol, but shall not mean or include
ethyl alcohol, whether or not diluted, that has been denatured or
otherwise rendered unfit for beverage purposes.
ALCOHOLIC BEVERAGE
A.
Any liquor, alcoholic, spirituous, vinous, fermented
or other alcoholic beverage, or combination of liquors and mixed liquor,
a part of which is spirituous, 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 1/2 of 1% of alcohol
by volume.
B.
Any malt or brewed beverage, beer, lager beer,
ale, porter or similar fermented malt beverage containing 1/2 of 1%
or more of alcohol by volume, by whatever name such beverage may be
called.
C.
Any whiskey or alcoholic distillate from a fermented
mash of grain capable of being used for beverage purposes.
ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES
Any business or commercial establishment (whether open to
the public at large or where entrance is limited by cover charge or
membership requirement), including those licensed by the commonwealth
for sale and/or service of alcoholic beverages, and any bottle club,
hotel, motel, restaurant, nightclub, country club, cabaret, meeting
facility utilized by any religious, social, fraternal or similar organization,
business or commercial establishment where a product or article is
sold, dispensed, served or provided with knowledge, actual or implied,
that the same will be or is intended to be mixed, combined with or
drunk in connection or combination with an alcoholic beverage on the
premises of said business or commercial establishment, or business
or commercial establishment where the consumption of alcoholic beverages
is permitted. A private residence, whether permanent or temporary
in nature, is not an "establishment dealing in alcoholic beverages."
PERSON
A natural person, association or corporation. Whenever used
in a clause prescribing or imposing a fine, imprisonment, or both,
the term "person" applied to an association shall mean the partners
or members thereof and as applied to a corporation shall mean the
officers thereof, such individuals who, under possession and sale
of alcoholic beverages therein.
Any person who shall violate the provisions
of this article shall, upon summary conviction before any Magisterial
District Judge, pay a fine not exceeding $1,000 and the costs of prosecution
and, in default of payment of the fine or costs, the violator may
be sentenced to the county jail for a period not exceeding 30 days.
Whenever such person shall have been officially notified by the Lower
Pottsgrove Township or by other service of a summons in a prosecution
or in any other official manner that said person is committing a violation
of this article, each day that said person shall continue such violation
after such notification shall constitute a separate offense punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.