The Council of the City of Harrisburg hereby declares the purpose
of this chapter to regulate the hours of operation of a BYOB club
in order to preserve the residential character of neighborhoods and
protect the right of its citizens to the quiet enjoyment of the same.
As used in this chapter, unless otherwise expressly stated or
clearly indicated by the context, the following terms shall have the
meanings indicated:
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, Act of June 29, 1987, P.L. 32.
BYOB 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 an 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
BYOB club under the terms of this chapter.
The owner or operator of a BYOB club must:
A. Obtain and carry broad form general liability coverage, $1,000,000
single limit per occurrence, proof of which shall be filed with the
Chief of Police.
B. Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and the City of Harrisburg, Bureau
of Codes Enforcement, and prominently display said certificate as
required.
C. Obtain a valid business privilege/mercantile license from the City
and prominently display said license as required.
D. Obtain a zoning permit pursuant to Title 7, Planning and Zoning Code,
which states that the BYOB club engages in an activity on the premises
which is permitted under the Zoning Code of the City and prominently
display said permit as required.
E. Obtain an amusement permit pursuant to Chapter
5-709, Amusement Tax, if applicable, and prominently display said permit as required.
F. Obtain an operator license relating to mechanical amusement devices pursuant to Chapter
5-711, Mechanical Amusement Devices, if applicable, and prominently display said license as required.
G. Obtain a food license pursuant to Title 6, Public Health Code, if
applicable, and prominently display said license as required.
H. Obtain a valid BYOB club permit pursuant to this chapter and prominently
display said permit as required.
I. Conspicuously post the hours of operation at the business premises
such that patrons are sufficiently apprised of the same.
In any zone in which BYOB clubs are otherwise permitted, it
shall be unlawful for any person or persons who own, operate, lease,
manage or control a BYOB club to:
A. Remain open and/or to transact business between the hours of 2:00
a.m. and 8:00 a.m., prevailing time, if said BYOB club is located
in a residence zone or within 500 feet of a residence, school or hospital;
or
B. Conduct activities to which this chapter applies without possessing
a valid club permit, issued in accordance with this chapter.