[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:
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.
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.
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.
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:
A.
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.
B.
Transact any business at the BYOB club between the hours of 2:00
a.m. and 8:00 a.m. each day.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
A.
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.
A.
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.
B.
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.
C.
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.
