[Adopted 7-8-2013 by Ord. No. 2686]
This article is intended to establish a uniform system of control
over the distribution, consumption and/or possession of open containers
of alcoholic beverages on Township property, and/or located in or
upon the public ways, places and parking areas within the Township.
The definitions set forth herein shall govern the application
and interpretation of this article.
Beer, ale, wine or any other intoxicating liquor.
Any glass bottle, metal can, plastic container, or any other
device that may be used to hold liquids.
A container other than one with an unbroken seal, or containing
a vacuum or pressure obtained during original bottling by a licensed
bottler.
Any person, as defined in this section, who seeks or obtains
a permit for the distribution, consumption, or possession of alcohol.
The Community Recreation and Environmental Center, the Grange
and Nitre Hall, and the land and facilities appurtenant thereto.
Any individual, corporation, partnership, unincorporated
association or any other legal entity.
Having alcohol in hand or one's person, within immediate
control, or relatively accessible for use.
Any building owned by the Township, and the land and facilities
appurtenant thereto.
Any property owned by the Township, including all Township
buildings, fields, athletic fields, and parks as well as any buildings
erected thereon.
A.
The distribution, consumption and/or possession of an open container
of alcoholic beverages on Township property or within any Township
building is prohibited.
B.
Unless an organizer shall have first obtained a permit from the Township, the distribution, consumption and/or possession of an open container of alcoholic beverages shall not be permitted in a permitted Township building, as such buildings are defined in § 126-19.
C.
The distribution, consumption, and/or possession of alcoholic beverages
shall be prohibited on the adjacent playfields, athletic fields, parks,
playgrounds and the land and facilities appurtenant of the Community
Recreation and Environmental Center. The Township shall not issue
permits for such activities in those areas.
D.
All alcoholic beverages permitted by the Township within permitted
Township buildings must be supplied by the organizer. The Township
or its representatives shall not provide or sell any alcoholic beverages.
A.
It shall be unlawful for any person to consume any alcoholic beverage in or upon any public way or place open to use of the public as matter of right for purpose of vehicular and/or pedestrian travel. Any person who is a customer or patron of a restaurant that complies with Chapter 182, Zoning, § 182-731B, Outdoor dining areas in public rights of way, shall not violate this § 126-21A.
B.
The possession of any open container containing a beverage with any
percentage of alcohol whatsoever in or upon the public ways or places
of the Township of Haverford shall be prima facie evidence of consumption
of such beverage in violation of this article.
C.
It shall be unlawful for any person to willfully distribute, consume
or possess an open container of any alcoholic beverage in or upon
any privately owned parking area or shopping center parking area used
for the general public.
D.
Upon the written approval of and at the discretion of the Township
Manager and/or his or her designee, these prohibitions may be waived
for festive occasions, holiday celebrations or other civic or promotional
functions. Additionally, upon the written approval of and at the discretion
of the Township Manager and/or his or her designee, law-enforcement-supervised
Driving Under the Influence instructional classes shall be permitted.
E.
All alcoholic beverages authorized by the Township for purposes of
this section must be supplied by the organizer. The Township or its
representatives shall not provide or sell any alcoholic beverages.
A.
Any organizer, either on his or her own behalf, or on behalf of a group of persons, wishing to distribute, consume or possess any open container of any alcoholic beverage within any Permitted Township Building, as such buildings are defined in § 126-19, shall file with the Township Manager and/or his or her designee an application containing:
(1)
The name, address, and phone number of the applicant;
(a)
The hour, date and estimated duration of the possession;
(b)
The location of where possession will take place;
(c)
The purpose of the activity, if any;
(d)
The applicant's proposed arrangements to insure the safety
of the public and the persons covered under the permit, and the prevention
from damage of public and the persons covered under the permit, and
the prevention from damage of public and private property.
B.
The application shall be filed at least 15 days prior to the possession of the permitted Township building. However, the Township Manager and/or his or her designee may waive this requirement if he determines upon receipt of the application that the applicant has satisfied satisfactorily the requirements of Subsection A.
D.
Official action on the permit.
(1)
The Township Manager and/or his or her designee shall determine whether:
(a)
The organizer has submitted a complete and accurate application;
(b)
The purpose of distribution, consumption or possession is within
the intent or purpose of the ordinance;
(c)
The adequate arrangements to insure the safety of the public
and persons covered under the permit, and the prevention from damage
of public and private property have been provided; and
(d)
The appropriate license, if applicable, has been obtained from
the Pennsylvania Liquor Control Board related to sales of alcoholic
beverages.
(2)
Upon consideration of all items in this article, the Township Manager
and/or his or her designee shall approve or disapprove the application
no later than seven business days after receipt of the application.
If the Township Manager and/or his or her designee fails to respond
in the seven-day period, then the application shall be deemed to be
approved; however, the Township Manager or his or her designee may
request ask for an extension of no more than 10 days to process the
application if he or his designee is unable to respond in the initial
seven-day period. If the application is disapproved and the permit
is denied, the Township Manager and/or his or her designee shall provide
written notice of the permit denial together with the reasons for
the denial and notice of the appeal procedure indicated in this article.
The Township Manager and/or his or her designee may amend or
revoke a permit if it appears that the arrangements contained in the
permit will no longer prevent injury to person or property because
of a change in the circumstances under which the permit for possession
was granted.
An organizer may appeal to the Board of Commissioner the denial
of permit by filing a written notice within five days of denial of
permit. The Board shall forthwith consider the appeal at a hearing
at which the applicant may be present. The Board may affirm or reverse
the Township Manager and/or his or her designee's decision, and
may attach such conditions to the permit as will, in their best judgment,
protect the public safety and persons covered under the permit, and
the prevention from damage or public and private property.
The Police Department shall enforce the regulations hereinabove
set forth and shall exercise general supervision over persons, Township
buildings, Township property, and property upon the public ways, places
and parking areas.
Any person, firm or corporation violating any provision of this article shall upon summary conviction before any Magisterial District Justice pay a fine not exceeding $1,000 and costs of prosecution; and in default of one payment of the fine and costs, the violator may be sentenced to the county jail for a term of not more than 90 days. Each and every day in which any person, firm or corporation shall be in violation of this Article III shall constitute a separate offense.
