[Adopted 12-22-1998 by Ord. No. 98-18]
The purpose of this article is to define and regulate the hours
of operation of bottle clubs and BYOB clubs in order to preserve and
protect the health, safety and general welfare of the citizens of
Millcreek Township and to protect the rights of citizens to the quiet
enjoyment of their property.
As used in this article, the following terms shall have the
meanings indicated:
Shall be defined as set forth in the Liquor Code, 47 P.S.
§ 1-101 et seq.
An establishment operated for profit or pecuniary gain which
is not licensed by the Pennsylvania Liquor Control Board and admits
patrons upon payment of a fee, cover charge or membership fee and
in which alcoholic liquors, alcohol or malt or brewed beverages are
not legally sold, but where alcoholic liquors, alcohol or malt or
brewed beverages are either provided by the operator or agents or
employees of the operator for consumption on the premises or are brought
into or kept at the establishment by the patrons or persons assembling
there for use and consumption. The term shall not include a licensee
under the Liquor Code or any organization as set forth in Section
6 of the Solicitation of Funds for Charitable Purposes Act.[1]
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, any organization
as set forth in Section 6 of the Solicitation of Funds for Charitable
Purposes Act[2] or any facility which is rented for a limited period of
time, not to exceed 10 hours, by an individual or organization for
the purpose of a private party.
A.
B.
It shall be unlawful and a violation of this article for any person(s),
corporation, partnership, firm or other entity to own, operate, lease,
manage or control a bottle club or a BYOB club without maintaining
in force and effect at all times broad form general liability coverage
with limits of $1,000,000 per occurrence, proof of which coverage
shall be required prior to issuance of any certificate of occupancy.
C.
It shall be unlawful and a violation of this article for any person(s),
corporation, partnership, firm or other entity owning, operating,
leasing, managing or controlling a bottle club or BYOB club to allow
entry thereto by or allow provision to or consumption by persons under
the age of 21 years of any alcoholic liquors, alcohol or malt or brewed
beverages.
D.
It shall be unlawful and a violation of this article for any person(s),
corporation, partnership, firm or other entity owning, operating,
leasing, managing or controlling a bottle club or BYOB club to be
open for business or transact business between the hours of 2:00 a.m.
and 8:00 a.m., prevailing time of each day, and/or before noon (12:00
p.m.) on Sundays.
The Millcreek Township Police Department and the Code Administrator
are hereby authorized and directed to enforce the terms of this article.
[Amended 8-28-2007 by Ord. No. 2007-6[1]]
Any person or entity committing any act(s) prohibited herein shall violate this article. This article shall be enforced pursuant to the provisions of Ordinance Nos. 96-8 and 96-9 (Chapter 48, Enforcement and Collection Activities), governing civil enforcement of ordinances and attorney's fees and costs payable in enforcement actions. Violations of this article are subject to a civil penalty not to exceed $600 per violation. In any civil action, a person or entity found to have violated this article shall also be obligated within the judgment to pay all costs and attorney's fees incurred by the Township in the enforcement action. Each day a violation of this article continues shall constitute a separate offense. Each violation of this article shall constitute a separate offense, subject to the prescribed fine for each violation.
