[HISTORY: Adopted by the Borough Council of the Borough of Masontown 12-11-1984 by Ord. No. 1984-1, approved 12-18-1984. Section 41-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Liquor or malt or brewed beverages as defined herein or both of them.
LIQUOR
Includes spiritous, vinous, fermented or other alcoholic beverages or combinations of liquors and mixed liquors, a part of which is spiritous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol usable for beverage purposes which contain more than 1/2 of 1% of alcohol by volume.
MALT OR BREWED BEVERAGES
Any beer, lager beer, ale, porter or similar fermented malt beverage containing 1/2 of 1% or more of alcohol by volume.
It shall be unlawful for any person to consume any alcoholic beverages while in or upon any public street, public sidewalk, public alley, public park, public parking lot or public parking area within the Borough of Masontown.
A. 
It shall be unlawful for any person to possess any glass, can or open container of alcoholic beverage on any public parking lot or public parking area within the Borough of Masontown, whether such person is on foot or is in or on a vehicle and whether such vehicle is moving or is stationary.
B. 
No person, firm or corporation licensed to sell alcoholic beverages, or the employees or agents of any such person, shall permit any person to remove from such premises any alcoholic beverage in any open container.
The provisions of this chapter shall not apply to fairs, festivals or carnivals conducted on public streets or in public parks where such have been authorized by the Council of the Borough of Masontown.
Any person violating any of the provisions of this chapter is guilty of a summary offense and shall, upon conviction thereof in a summary proceeding, be fined not more than $300 and, in default of payment of fine and costs, be imprisoned for not more than 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
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Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.