[Ord. 928, 3/22/2010; as amended by Ord. 933, 11/22/2010]
As used in this Part, the following terms shall have the meanings
indicated:
Anything constructed or erected, the use of which requires
a permanent location on the land or that is attached to something
having a permanent location on the land. Tents, covered patios, open
porches, and decks are not "buildings" under this Part.
The space on a premises not including any building on the
premises.
An individual or individuals, group, organization, corporation,
proprietorship, partnership, association, or other entity.
A parcel of land upon which all or part of a regulated social
gathering takes place.
An outdoor congregation of persons primarily for social interaction
where alcoholic beverages are served or consumed and which is attended
at any one time by more than 150 persons, regardless of age, on a
single lot or any number of contiguous lots regardless of the ownership
of the lots, which is organized, hosted, or sponsored by a student
or students enrolled at Bloomsburg University or a student organization
associated with Bloomsburg University or which takes place on premises
occupied by students enrolled at Bloomsburg University and which does
not take place on the campus of Bloomsburg University.
[Amended by Ord. 963, 2/23/2015]
[Ord. 928, 3/22/2010]
1.
Each person organizing, hosting, or sponsoring a regulated social
gathering shall file with the Chief of Police of the Town of Bloomsburg
an application for a permit for a regulated social gathering on a
form provided by the Town of Bloomsburg when the number of persons
who will attend the regulated social gathering exceeds 150.
2.
A fee, as set by resolution of the Town Council of the Town of Bloomsburg,
from time to time,[1] shall accompany a permit application and be payable either
in cash or by a cashier's check (not a certified check) or money order
to the Town of Bloomsburg.
[1]
Editor's Note: The current fee resolution is on file in the
Town offices.
3.
An application for a permit for a regulated social gathering shall
be filed no less than 30 days prior to the date the gathering is to
be held. Failure to timely file the application shall be in and of
itself grounds for denying the application for a permit.
[Amended by Ord. 963, 2/23/2015]
4.
A conviction for a prior violation of this Part within five years
from the date of the permit application by the person organizing,
hosting, or sponsoring the regulated social gathering may be grounds
for denying an application for a permit under this Part by the Chief
of Police after taking into account the nature of the violation, the
impact on the community, and whether personal injuries were the result
of the violation.
5.
A conviction for a prior violation of this Part within five years
from the date of the permit application on the same premises where
a regulated social gathering is to be held may be grounds for denying
an application for a permit under this Part by the Chief of Police
after taking into account the nature of the violation, the impact
on the community, and whether personal injuries were the result of
the violation.
6.
A conviction for a prior violation within five years from the date
of the permit application of the Pennsylvania Liquor Code or a conviction
for a prior violation of any provision of the Pennsylvania Crimes
Code, which constitutes a misdemeanor or felony, by the person organizing,
hosting, or sponsoring the regulated social gathering on any premises
where a regulated social gathering was held shall be in and of itself
grounds for denying an application for a permit under this Part.
7.
A conviction for a prior violation within five years from the date
of the permit application of the Pennsylvania Liquor Code or a conviction
for a prior violation of any provision of the Pennsylvania Crimes
Code, which constitutes a misdemeanor or felony, on the same premises
where a regulated social gathering is to be held may be grounds for
denying an application for a permit under this Part by the Chief of
Police after taking into account the nature of the violation, the
impact on the community, and whether personal injuries were the result
of the violation.
[Ord. 928, 3/22/2010]
1.
Social gatherings regulated by this Part shall comply with the following:
A.
The regulated social gathering shall last no longer than eight hours
and shall start no earlier than 10:00 a.m. and end no later than 9:00
p.m.
B.
One security person for every 50 persons attending the regulated
social gathering shall be provided by the person organizing, hosting,
or sponsoring a regulated social gathering, and each security person
shall wear a shirt or jacket designating such person as a security
person that shall be readily identifiable by police officers. Adequate
security shall be provided only by a security company duly licensed
under the laws of the Commonwealth of Pennsylvania and/or self-employed
individuals who are duly licensed under the laws of the Commonwealth
of Pennsylvania. Security persons shall not consume alcohol while
on duty at any regulated social gathering.
[Amended by Ord. 963, 2/23/2015]
C.
No beverages shall be consumed from glass bottles or glass containers.
D.
One portable toilet shall be provided by the person organizing, hosting,
or sponsoring a regulated social gathering for every 100 persons attending
the regulated social gathering.
E.
A thirty-cubic-yard trash receptacle will be required for every 1,000
persons attending the regulated social gathering over an eight-hour
period.
F.
The premises shall be cleaned up by 10:00 a.m. on the day following
the regulated social gathering and shall be made clear of all rubbish,
trash, garbage, and debris.
G.
The Zoning Ordinance of the Town of Bloomsburg, and no permit shall
be issued for a regulated social gathering which violates the Zoning
Ordinance of the Town of Bloomsburg.
[Added by Ord. 963, 2/23/2015[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
1G and H as Subsection 1H and I, respectively.
H.
If an application is approved, a permit shall be issued setting forth
the following:
I.
The permit shall be prominently displayed on the structure on the
premises, and damage to or removal of the permit shall be a violation
of this Part.
[Ord. 928, 3/22/2010]
1.
The application for a permit for a regulated social gathering shall
include the following:
A.
The names, local and permanent addresses, telephone numbers and ages
of all persons organizing, hosting, or sponsoring the regulated social
gathering. If a corporation is organizing, hosting, or sponsoring
the regulated social gathering, the officers and directors of the
corporation shall be considered the person organizing, hosting, or
sponsoring the regulated social gathering in addition to any other
person organizing, hosting, or sponsoring the regulated social gathering.
B.
The location where the regulated social gathering shall take place,
the zoning district in which it is located, and the name and address
of the owner of the property and the name and address of the owner
of any contiguous lots upon which the regulated social gathering will
take place.
[Amended by Ord. 963, 2/23/2015]
C.
A sketch of the open space on the property setting forth the lot
or contiguous lots upon which the regulated social gathering will
take place, including the square footage of the open space.
[Amended by Ord. 963, 2/23/2015]
D.
The number of persons who will attend the regulated social gathering.
E.
The identity of the source of alcoholic beverages for the regulated
social gathering.
F.
The time that the regulated social gathering will start and the time
it will end.
G.
A description of the entertainment that will be present at the regulated
social gathering.
H.
The name, address, and telephone number of the licensed security
company and/or self-employed licensed security personnel, if not employed
by a company, that will be providing security at the regulated social
gathering and the number of security personnel that will be present
at the regulated social gathering.
[Amended by Ord. 963, 2/23/2015]
I.
The written authorization for a regulated social gathering from the
owner of the lot and contiguous lots, if any, for the date on which
the regulated social gathering is to take place.
[Amended by Ord. 963, 2/23/2015]
J.
The manner in which the furnishing of alcoholic beverages or the
consumption of alcoholic beverages by minors will be prevented.
K.
The manner in which alcohol will be served.
L.
The name, address, and telephone number of the company providing
portable toilets for the regulated social gathering.
M.
Whether or not admission to the regulated social gathering will require
the payment of a direct or indirect consideration or a donation. Direct
consideration shall mean the payment of an admission fee to the regulated
social gathering. Indirect consideration shall include, but not be
limited to, payment for a bracelet or any other item that indicates
that a consideration has been paid or a donation made for admission
to the regulated social gathering.
[Added by Ord. 963, 2/23/2015]
2.
At the time an application is submitted, it shall be accompanied
by the following:
A.
A cash bond payable either in cash or by a cashier's check (not a
certified check) or money order payable to the Town of Bloomsburg
in an amount as set by resolution of the Town Council of the Town
of Bloomsburg, from time to time,[1] to cover the projected costs for police response to the
premises where the regulated social gathering is to be held.
[1]
Editor's Note: The current fee resolution is on file in the
Town offices.
B.
A cash bond payable either in cash or by a cashier's check (not a
certified check) or money order payable to the Town of Bloomsburg
in an amount as set by resolution of the Town Council of the Town
of Bloomsburg, from time to time, to cover the cost of cleaning up
the premises where the regulated social gathering is to be held if
the cleanup is not completed by 10:00 a.m. on the day following the
regulated social gathering.
C.
A certificate of insurance showing comprehensive liability insurance
covering the property where the regulated social gathering is to be
held with a policy limit of no less than $500,000.
D.
A copy of the license of the security company or individual(s), if
not employed by a security company, that will provide security at
the regulated social gathering.
[Added by Ord. 963, 2/23/2015]
3.
If an application for a permit is denied by the Chief of Police,
an appeal may be filed with the Town Council of the Town of Bloomsburg
pursuant to the provisions of the Local Agency Act.
[Ord. 928, 3/22/2010]
1.
It shall be a violation of this Part for any person to organize,
host, sponsor, attend, or participate in a regulated social gathering
in the absence of a permit issued by the Chief of Police of the Town
of Bloomsburg.
2.
It shall be a violation of this Part for the owner of the premises
or those occupying or in control of the premises to permit a regulated
social gathering to take place on the premises in the absence of a
permit issued by the Chief of Police of the Town of Bloomsburg.
3.
It shall be a violation of this Part for any property owner or person
in control of the premises to permit a regulated social gathering
to take place or continue on the premises that violates any requirements
of this Part imposed upon the regulated social gathering by the permit.
4.
It shall be a violation of this Part for any property owner or person
in control of the premises to permit a regulated social gathering
to take place or continue to take place in violation of any ordinance
of the Town of Bloomsburg, including the Zoning Ordinance of the Town
of Bloomsburg.
[Added by Ord. 963, 2/23/2015[1]]
5.
Furnishing false information on an application for a permit for a
regulated social gathering shall be a violation of this Part.
6.
A person who organizes, hosts, or sponsors a regulated social gathering
who is not identified as an organizer, host, or sponsor on an application
for permit shall be in violation of this Part.
[Ord. 928, 3/22/2010]
1.
Any person violating any provision of this Part shall, upon conviction
in a summary proceeding, be sentenced to pay a fine not to exceed
$600 for the use of the Town of Bloomsburg, along with costs of prosecution,
or to be imprisoned for not more than 10 days or both.
2.
The Police Department of the Town of Bloomsburg shall have the authority
to disperse persons, upon notice, who attend a regulated social gathering
for which no permit has been obtained or when the regulated social
gathering is in violation of any provisions of this Part. Failure
to disperse shall be a violation of this Part.
3.
Nothing in this Part shall limit the Town of Bloomsburg from filing
an action in equity to enjoin a regulated social gathering held in
violation of this Part nor limit the Police Department from making
arrests for violation of the laws of the Commonwealth of Pennsylvania
and the Ordinances of the Town of Bloomsburg.
[Ord. 928, 3/22/2010]
This Part repeals Ordinance No. 857 and any amendments thereto
subsequent to its enactment.[1]
[1]
Editor's Note: Ordinance No. 857, as amended, appeared in
former Part 4 of this Chapter.
[Ord. 928, 3/22/2010]
This Part is effective upon enactment.
