[Adopted 10-25-2012 by Ord. No. 1658]
The City Council of the City of Butler, Butler County, Pennsylvania hereby declares that the purpose of this article is to regulate the operation of BYOB clubs, as defined herein, in order to preserve the residential character of neighborhoods, to protect the rights of its residents to the quiet enjoyment of their property and to protect the health, welfare and safety of the residents of the City of Butler. It is the express purpose of this article to legislate a balance between the constitutional rights of BYOB club owners and patrons and the constitutional rights of the residents of the City of Butler.
The following words or phrases when used in this article, unless the content clearly indicates otherwise, shall have the meanings ascribed to them in this section:
- ALCOHOLIC BEVERAGES
- Any and all beverages including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101, et seq.
- BYOB CLUB (otherwise known as bring-your-own-bottle club)
- Any business facility, such as a dance hall, club or association not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age or older may, after payment of a fee (which includes, but is not limited to, any fee for set-up, merchandise or other charge which is required to be paid upon entry into the BYOB club), cover charge or other temporary entry fee, consume alcoholic beverages which said patrons have carried in, into or onto the BYOB club premises.
- The number of people allowed on the premises as determined by the Fire Marshal pursuant to NFPA 101 Life Safety Code, Place of Assembly.
- CLUB PERMIT
- The permit issued by the City of Butler to an individual or entity pursuant to the provisions hereof for the operation of a BYOB club.
- LICENSING OFFICER
- The individual or individuals assigned the duties hereunder by the Council of the City of Butler.
- A building or structure wholly or partially used for living and sleeping space by human occupants.
It shall be unlawful for any person, persons, corporation, partnership, joint venture, trust, firm or association who or which owns, operates, leases, manages or controls a BYOB club to:
Transact any business at the BYOB club without possessing and prominently displaying on or in the premises of the BYOB club a valid club permit issued in accordance with the provisions hereof.
Transact any business at the BYOB club between the hours of 2:00 a.m. and 8:00 a.m. each day.
Allow any patrons of the BYOB club to be present on or in the premises of the BYOB club between the hours of 2:00 a.m. and 8:00 a.m. each day.
Transact any business at the BYOB dub without possessing and prominently displaying on or in the premises of the BYOB club a valid certificate of occupancy issued by the City of Butler.
Transact any business at the BYOB club without obtaining and prominently displaying on or in the premises of the BYOB club all other permits or licenses required by the Commonwealth of Pennsylvania and the City of Butler, including, without limitation, the club permit issued pursuant hereto.
Transact any business at the BYOB club without conspicuously displaying in or upon the premises of the BYOB club the hours of operation of the BYOB club such that patrons thereof are sufficiently apprised of the same.
Allow any person under the age of 21 to be present or in the premise when alcohol is being consumed on the premise, unless accompanied by a parent, or legal guardian.
It shall be unlawful for any patron of a BYOB club to be present on or in the premises of a BYOB club between the hours of 2:00 a.m. and 8:00 a.m. each day.
It shall be unlawful for any person under the age of 21 to be present on or in the premise when alcohol is being consumed on the premises, unless accompanied by a parent or legal guardian.
Any person, persons, corporations, partnerships, joint ventures, trusts, firms or associations desiring to operate or continue to operate as a BYOB club shall file with the Chief of Police of the City of Butler any application for a club permit, which application shall include the following information: the name and address of the BYOB club, a statement whether the business premises upon or in which the BYOB club is to be located is leased or owned by the applicant, the name and address of the lessor of such premises (if applicable), the nature of the applicant's ownership of such premises (if applicable), if the applicant is a corporation, partnership, joint venture, trust, firm or association, and a notarized affidavit signed by the applicant testifying to and verifying that the applicant has obtained all appropriate licenses and/or permits, has paid all applicable taxes and fees for operating a BYOB club and has paid all municipal claims owed by the applicant to the City of Butler. An annual fire safety inspection is necessary.
Any application for a club permit shall be submitted along with a nonrefundable application fee of $25 to cover the City of Butler's costs in processing such application. An application fee will be assessed only once during a calendar year for a temporary permit, regardless of the number of temporary permits obtained during the year, provided that the applicant and location of the temporary club are the same.
The owner or agent of the owner of any BYOB club which obtains a dub permit shalt pay an annual administrative fee of:
Any person, persons, corporations, partnerships, joint ventures, trusts, firms or associations desiring to operate a temporary BYOB club, upon payment of a fee of $10, may obtain a temporary permit to operate a BYOB club, as defined herein, valid for one day, and subject to all other provisions of this article.
The City of Butler reserves the right to revoke a club permit upon failure of the BYOB club owner or agent to completely and fully comply with the provisions hereof and any other applicable ordinance of the City of Butler.
Any person, persons, or entity violating the provisions of this article shall, upon conviction thereof, be sentenced to a fine not exceeding $500 and/or imprisonment not to exceed 90 days, or both.
The Board of Health, for the administration of the Public Health Code (the "Board") shall hear all appeals from the decisions of Chief of Police of the City of Butler disapproving an application for a club permit or suspending or terminating a club permit.
Before the Board acts upon any appeal from the action of the Chief of Police to deny an application for a club permit or to terminate or suspend a club permit, the Chief of Police shall notify the person or entity making such appeal, by certified mail addressed to such appellant, of his/her/its right to a hearing before the Board. The appellant shall have a period of 30 days from the date of service of such notice, which shall be the date of mailing, to request a hearing before the Board, which hearing shall, if requested, be fixed upon not less than 10 days' written notice to such appellant. If not hearing before the Board is requested, the Board shall take action upon the appeal without necessity for further proceedings.
The Board shall have full power to carry out the duties of the Board as set forth in this article. The Board shall hear and/or decide all appeals from persons or entities aggrieved by a decision of the Chief of Police of the City of Butler rendered pursuant to the provisions of this article, expect a decision to file summary enforcement proceedings with a District Justice, when it is alleged that the decision or order complained of is not authorized by this article or directs a method of compliance which imposes an unreasonable burden upon the club permit holder, applicant or appellant without good cause. The Board shall have the authority, in a proper case, to change, modify or rescind any decision or order of the Chief of Police or to extend the time for compliance. All appeals to the Board from decisions or orders of the Chief of Police issued pursuant to this article shall be filed with the Chief of Police of the City of Butler within 30 days of the date of the decision or order complained of. The appeal shall be in writing, shall be signed by the person or entity making such appeal, shall specify the grounds therefor and the relief requested, and shall be accompanied by an appeal fee of $50. If a request for a hearing before the Board is submitted with the appeal, a hearing shall be held not less than 10 days after written notice to the appellant and not more than 30 days from the date of receipt of the appeal. If no request for a hearing is filed with the appeal, the provisions of Subsection B hereof shall apply.