Borough of Pennsburg, PA Retail Food Establishments

The purpose of this article is to reasonably regulate restaurants and other food-serving establishments who permit, promote, advertise and encourage patrons/customers to bring their own alcoholic beverages to such establishments and to consume such beverages at such establishments, for the purpose of protecting the public health, safety and general welfare of Pennsburg Borough.

§ 85-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BYOB

Alcoholic beverages that are not provided by the retail food establishment but permitted, promoted, advertised, and/or encouraged by the owner/operator of such retail food establishment to be brought onto the premises to be consumed by customers/patrons of the retail food establishment. Specifically excluded from this definition are those retail food establishments that are regulated by the Pennsylvania Liquor Control Board.

RETAIL FOOD ESTABLISHMENT

A restaurant or other type of retail food operation that provides food for sale and consumption on the property by the general public. Such establishment shall include, but not be limited to, restaurant, coffee shop, tea room, dining room, cafeteria, luncheonette, soda fountain, sandwich shop, and delicatessen.

§ 85-3 License required.

No person shall operate a BYOB Retail Food Establishment (hereinafter "BYOB Restaurant") within the Borough of Pennsburg without first obtaining an annual license, which shall expire on December 31 of each year, and satisfying all requirements of this article.

§ 85-4 Application.

Each applicant for a BYOB Restaurant license shall submit and file an application form to the Borough along with the appropriate application fee. The amount of the application fee shall be established from time to time by resolution of the Borough Council. The application shall set forth:

The name and address of the applicant;

The address of the restaurant location;

The name and address of the owner of the property of the restaurant location, if other than the applicant;

A sketch plan of the area within the retail food establishment where alcoholic beverages will be served;

A copy of the applicant's general commercial liability insurance, which shall provide for the following minimum coverage:

(1)

General aggregate: $1,000,000;

(2)

Products and completed operations aggregate: $1,000,000;

(3)

Each occurrence: $1,000,000;

(4)

Fire damage: $50,000;

(5)

Workers' compensation: statutory requirements.

§ 85-5 Rules and regulations.

Any BYOB restaurant authorized and operating pursuant to this article shall comply with the following rules and regulations and such others as may be adopted from time to time by ordinance of the Borough:

The hours of operation that permit the consumption of alcoholic beverages shall be limited between the hours of 4:00 p.m. and 10:00 p.m.

Areas where patrons may consume alcoholic beverages shall be restricted to the interior of the portion of the subject property and specifically on areas that are designated on the sketch plan of the BYOB restaurant. No BYOB will be permitted to the exterior of the subject property.

All BYOB restaurants shall be annually inspected to ensure that all code requirements are satisfied, which will include, but not be limited to, lighting, accessibility.

No server, waiter or waitress under the age of eighteen (18) shall be permitted to provide service to patrons that are consuming alcoholic beverages.

The owner of the property shall specifically authorize or permit the use as a BYOB Restaurant.

A valid license must be displayed at all times on the premises.

There shall be no excessive noise or other nuisances and the conduct within the BYOB Restaurant will otherwise comply with all applicable ordinances.

Consumption of alcoholic beverages shall take place only in the areas permitted under the license.

The operation of the BYOB Restaurant shall comply with all other ordinances of Pennsburg Borough and Commonwealth of Pennsylvania.

There shall not be more than two (2) police calls for disturbance violation calls generated from the BYOB Restaurant within any six-month period.

§ 85-6 Liability of license holder.

A person or persons to whom a license for a BYOB restaurant has been issued shall be liable and shall indemnify the Borough for loss, damage, injury or expense sustained by the Borough, arising out of any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such license or as a direct result of the operation of the BYOB Restaurant.

§ 85-7 License suspension or revocation.

The Pennsburg Borough Code Enforcement Office, any police officer or other law enforcement agency with jurisdiction shall have the authority to revoke or suspend the license when there is a violation of any applicable rule, regulation, ordinance, local law, or that a continuation of said license would constitute a hazard or nuisance, or upon good cause shown. Upon revocation or suspension of such license, the applicant may request a hearing before the Borough Council, provided that the hearing is requested by the applicant, in writing, within five days of the revocation or suspension of the license.

§ 85-8 Violations and penalties.

Any person, upon conviction, shall be required to pay a fine of not less than $600 for each and every violation of any section of this article, and each day thereafter a violation continues and shall continue constitute a separate offense.

§ 85-9 Superseding/intervening state law.

This article shall not affect, supersede, or attempt to override any state or federal law that otherwise would be applicable to the conduct or issues being regulated under this article. It is the specific intent not to override or supersede any rules, regulations, or requirements of the Pennsylvania Liquor Control Board as they relate to the regulations of sale or consumption of alcoholic beverages.