[HISTORY: Adopted by the Borough Council of the Borough of
Mahanoy City 7-6-1982 by Ord. No. 82-4. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes both liquor and malt or brewed beverages.
Includes any alcoholic, spiritous, vinous, fermented or other
alcoholic beverages or a combination of liquors or 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 or preparations
or mixtures taxable for beverage purposes, which contain more than
1/2 of 1% of alcohol by volume, except pure ethyl alcohol or malt
or brewed beverages.
Any beer, lager beer, ale, porter or similar fermented malt
beverages containing 1/2 of 1% or more of alcohol by volume, by whatever
name such beverage may be called.
A.Â
Whoever engages in the consumption of any alcoholic beverages upon the public streets, sidewalks, parks, playgrounds, alleyways, or other public area of the Borough of Mahanoy City within the view of the traveling public and to the annoyance of the traveling public is guilty of a summary offense and, upon conviction thereof in a summary proceeding, shall be sentenced in accordance with § 62-5 of this chapter.
B.Â
This section applies to all drinking of alcoholic beverages upon
the public streets, sidewalks, parks, playgrounds, alleyways or other
public areas of the Borough of Mahanoy City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person of any age whatsoever to
consume, possess, sell, furnish or convey any alcoholic beverage within
the confines of any public park or recreation area owned, maintained
or leased by the Borough of Mahanoy City.
Any organization which intends to hold a public gathering, block
party, picnic, fair, bazaar or other such event may apply to the Borough
Council of the Borough of Mahanoy City for a permit to sell or dispense
alcoholic beverages for consumption on the premises by the members
of said organization or the general public. The Borough Council may
grant permission for such but must specify the dates for which such
permission shall apply. Nothing in this section shall supersede the
requirements of the Pennsylvania Liquor Control Board for such events.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Schuylkill County.
