The Council of the Borough of Kutztown hereby declares that
the purpose of this article is to preserve the health, safety and
welfare of its residents by preserving the character of neighborhoods
and protecting the right of its citizens to quiet enjoyment of those
neighborhoods.
As used in this article, the following terms shall have the
meanings indicated:
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
Any facility operated for profit or pecuniary gain which
is not licensed by the Pennsylvania Liquor Control Board wherein patrons
may consume alcoholic liquors, alcohol or malt or brewed beverages
which said patrons have carried or brought into the premises. The
term shall not include a licensee under the Liquor Code. The permissibility
of a use of land involving to any extent a BYOB club shall be determined
according to the principal intended use.
The following rules and regulations are applicable to all businesses
holding a BYOB club license:
A. Premises with BYOB club privileges must comply with all applicable
state, federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of alcoholic beverages on a premises
that is not licensed or permitted to sell or serve alcoholic beverages.
B. There shall be no consumption of alcoholic beverages by employees
of the premises, but only by patrons. No person waiting to be seated
for service may consume or possess an open container of an alcoholic
beverage while waiting to be seated for service.
C. No outdoor consumption of alcoholic beverages shall be permitted
unless a specific area for outdoor dining is designated. All outdoor
consumption of alcoholic beverages must be done within the designated
dining area. The outdoor consumption of alcoholic beverages by patrons
within any Borough street right-of-way is prohibited.
D. The consumption of alcoholic beverages shall be permitted only during
the hours between 11:00 a.m. and 10:00 p.m.
E. No BYOB club licensee or employee shall be permitted to serve, handle,
pour or distribute alcoholic beverages on the premises.
F. There shall be no storage of alcoholic beverages on the premises.
Patrons shall not be permitted to deliver alcoholic beverages to the
premises in advance or to leave alcoholic beverages on the premises
to be consumed or to be picked up at a later time.
G. Patrons who desire to consume alcoholic beverages on the premises
shall bring such beverages with them to the establishment. No delivery
of alcoholic beverages by any person, including a licensed alcoholic
beverage establishment, shall be permitted.
H. Alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
I. No BYOB club licensee shall permit a patron or any person to bring
or deliver to the premises a large quantity of alcoholic beverages
intended for consumption at a party or other special event to be attended
by more than one table of patrons. Public or private parties to be
attended by more than four persons and for which the host of the party
provides alcoholic beverages to persons attending the function are
not permitted.
J. No BYOB club licensee or employee of a licensee shall allow, permit
or suffer any alcoholic beverages to be consumed by any intoxicated
person or by any person under the age of 21 years.
K. A BYOB club licensee shall immediately report to the Borough of Kutztown
Police Department any incident of underage drinking or the presentation
of false identification by an underage person and any incident involving
the excessive consumption of alcohol by a patron. The failure to immediately
report any such incident will result in the suspension or revocation
of the BYOB license.
No business establishment, fitting the definition of a BYOB
club, shall allow alcoholic beverages to be consumed on the premises
without a valid BYOB license.
Any aggrieved person may appeal the decision of the Code Enforcement Officer to the Borough of Kutztown Code Appeals Board in accordance with the requirements contained in Chapter
12 of the Code of the Borough of Kutztown.