[Adopted 1-28-1985 by Ord. No. 222]
No establishment operating under a nightclub permit shall remain
open past the closing times established by Section 30-91 of the Connecticut
General Statutes for other classes of liquor permits listed in Section
30-21a of the General Statutes of Connecticut. Therefore, the sale,
dispensing or consumption of alcoholic liquor or the presence of alcoholic
liquor in glasses or other receptacles suitable to permit the consumption
of alcohol by an individual is prohibited in such establishments after
such closing times.
The penalty for a violation of this article shall be not more
than $100. Each day the violation continues shall be considered a
separate offense. Fines shall be levied against the permittee.
As used in this article, the following terms shall have the
meanings indicated:
BOTTLE CLUB
Any establishment operated for profit or pecuniary gain which
is not licensed by the Connecticut Department of Consumer Protection
and admits patrons upon payment of a fee, cover charge or membership
fee and in which alcohol, alcoholic liquors, alcoholic beverages,
spirits, wine or beer are not legally sold but where alcohol, alcoholic
liquors, alcoholic beverages, spirits, wine or beer are either provided
by the operator or agents or employees of the operator for consumption
on the premises or are brought into or kept at the establishment by
the patrons or persons assembling there for use or consumption. The
term shall not include a licensee under the Liquor Control Act.
BYOB CLUB
Any facility operated for profit or pecuniary gain which
is not licensed by the Connecticut Department of Consumer Protection
wherein patrons may consume alcohol, alcoholic liquors, alcoholic
beverages, spirits, wine or beer which said patrons have carried or
brought into the premises. The term shall not include a licensee under
the Liquor Control Act or any facility which is rented for a limited
period of time, not to exceed 10 hours, by an individual or organization
for the purpose of a private party.
The West Haven Police Department is hereby authorized and directed
to enforce the terms of this ordinance.
Applications for a bottle club or BYOB club permit shall be
submitted to the West Haven Police Department along with a fee of
$200. An additional fee of $200 shall be paid at the time of issuance
of the permit. All payments shall be made by check or money order
made payable to "City of West Haven."
This ordinance applies to any and all existing bottle club or
BYOB club establishments in the City of West Haven, which shall upon
adoption of this ordinance be fully bound by all provisions and regulations
contained herein. All permits required by this ordinance shall be
obtained by any and all existing bottle club or BYOB club establishments
in the City of West Haven within 30 days of the adoption of this ordinance.
Nothing in this ordinance prohibits the City of West Haven from
taking any emergency action for the summary closure of any property
which holds a permit under this ordinance when it is necessary to
avoid an immediate threat to public welfare and safety.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this ordinance or its distinct and independent
provision from the remaining provisions, which shall be and remain
in full force and effect. It is declared the legislative intent of
this ordinance that this article would have been adopted had such
invalid or unconstitutional provision or its application had not been
included herein.