As used in this chapter, the following terms shall have the
meanings indicated:
ALCOHOLIC BEVERAGE
Includes, but shall not be limited to, alcohol, malt or brewed
beverages or wine, as defined in 47 P.S. § 1-102.
CONTAINER
Includes, without limitation, any receptacle, vessel or device
capable of holding, storing or shipping alcohol. "Container" also
includes the original can, bottle, box, vat or keg provided by the
original distributor or manufacturer, as well as any and all glasses,
mugs, cups or other similar devices from which liquids are customarily
consumed.
OPEN CONTAINERS
With respect to the prohibition against the possession of
an open container of an alcoholic beverage, means the original container
in which the alcoholic beverage was purchased has been unsealed, and
any amount of alcoholic liquid remains in it, whether or not the container
itself has been placed in any wrapping, bag or other device so as
to conceal from view, either partially or totally, said container.
PUBLIC WAY
Includes but shall not be limited to:
A.
Any and all buildings, lands, parks, swimming pools or vehicles
owned, possessed or leased by the Borough.
B.
Any and all public streets, roads, avenues, sidewalks or thoroughfares
in the Borough.
C.
Any parking lot open to the general public and generally available
for use by the public with or without payment of a fee. For the limited
purpose of this definition, such a parking lot shall be deemed a public
way such that consumption of alcohol and/or the display and/or possession
of an open container of an alcoholic beverage shall be prohibited.
This chapter shall not prohibit, nor shall it make illegal,
any of the following:
A. Any sale, possession or consumption of alcohol which would otherwise
be legal under the Pennsylvania Liquor Code of April 12, 1951, P.L.
90, Article I, Section 101 et seq. (47 P.S. § 1-101 et seq.).
B. The possession, consumption, sale or display of any lawful medication
having any alcoholic content, whether a prescribed medication or an
over-the-counter medication.
C. Any activity which would otherwise be prohibited by this chapter,
except where a valid permit has been issued by the Borough for activities
commonly known as "street or block parties."
Recreation buildings and pavilions at Dormont Park or Beggs
Snyder Park. The use, possession and consumption of beer and wine
only shall be permissible by a lessee holding a valid permit from
the Borough for the use of a facility at either Dormont Park or Beggs
Snyder Park, but not Dormont Pool, provided there is strict compliance
with the following rules and regulations:
A. The lessee has submitted and obtained a permit for the use of the
facility.
B. The lessee has submitted the supplemental alcohol permit application
with all attachments to the Borough Manager, paid the applicable alcohol
permit fee, and secured the permit prior to the use of the facility.
C. The supplemental alcohol permit application shall only be issued
in conjunction with a properly issued permit for the same facility.
D. Neither beer nor wine shall be sold, bartered or traded.
E. There shall be no fee charged to enter the pavilion or to attend
any event operated in conjunction with the lease of the facility.
The intent of this provision is to prohibit events such as keg parties
or beer and wine parties where the purpose and intent is to solicit/invite
attendees to pay an attendance fee or per-drink fee. This provision
is not intended to prohibit friends or families from sharing in the
actual cost of food and refreshments for the event to be held at the
facility.
F. The use, possession, distribution and consumption of beer and wine
shall be solely limited to the interior of the facility. No alcohol
of any type or variety shall in any way be consumed, displayed or
used on the exterior of the facility.
G. In regard to the lease of the facilities, use of glass containers
of any type for all beverages, including those for beer and wine,
is expressly prohibited. This prohibition shall not prohibit wine
and beer from being served from the manufacture's original glass
bottles, but it shall prohibit wine and beer from being served in
glassware.
H. The use, possession and consumption of beer and wine shall at all
times be limited to those individuals permitted to do so under the
applicable rules and regulations of the Pennsylvania Liquor Control
Board.
I. The alcohol permit issued by the Borough shall at all times be visibly
displayed during the lease period on the facility for which the permit
was issued.
J. The person or persons who have signed the alcohol permit application
shall be required to remain on the site of the leased premises at
all times while beer or wine is present.
K. The facility permit and its supplemental alcohol permit shall expire
at dusk, which is defined to mean sunset unless otherwise stated.
The use, possession and consumption of beer and wine at all
Borough-owned and -controlled facilities, other than the park facilities
noted above, is expressly prohibited, except as specifically set forth
in this section:
A. Recognized community groups, civic groups, or other charitable organizations
approved as 501(c)(3) organizations by the Internal Revenue Service
may, upon specific approval by the Council of the Borough of Dormont,
hold fund-raising events, awards dinners, recognition dinners, or
installment events where beer and wine as the only alcoholic beverages
may be served and consumed on Borough property, provided that:
(1) The organization or group has submitted and obtained a permit for
the use of the Borough property.
(2) The organization or group has submitted the supplemental alcohol
permit application with all attachments to the Borough Manager, paid
the applicable alcohol permit fee, and secured the permit prior to
the use of the Borough property.
(3) The supplemental alcohol permit application shall only be used in
conjunction with a properly issued permit for the same Borough property.
(4) Fund-raising by the organization or group shall be permissible.
(5) The use, possession, distribution and consumption of beer and wine
shall be solely limited to the interior of the Borough property. No
alcohol of any type or variety shall in any way be consumed, displayed
or used on the exterior of the Borough property.
(6) The use, possession and consumption of beer and wine shall at all
times be limited to those individuals permitted to do so under the
applicable rules and regulations of the Pennsylvania Liquor Control
Board.
(7) The alcohol permit issued by the Borough shall at all times be visibly
displayed during the lease period on the Borough property for which
the permit was issued.
(8) The person or persons who have signed the alcohol permit application
and the Borough property permit shall be required to remain on the
site of the leased premises at all times while beer or wine is present.
(9) The Borough property permit and its supplemental alcohol permit shall
expire at 11:00 p.m., prevailing time.
(10) If the group or organization leases the swimming pool, the use of
glass containers of any type for all beverages, including those for
beer and wine, is expressly prohibited. This prohibition shall not
prohibit wine and beer from being served from the manufacturer's
original glass bottles, but it shall prohibit wine and beer from being
served in glassware.
The Borough reserves the right to permit, on a case-by-case
basis, authorized organizations that qualify for and have been issued
a special occasion permit under the rules and regulations of the Pennsylvania
Liquor Control Board to do so to dispense only the alcoholic beverages
of beer and wine in conjunction with Council-approved events, such
as the Street Fair, to be held on Borough property, provided that:
A. Such organization has submitted a full and complete alcohol permit
application to the Borough, together with all attachments and supplements
as may be required.
B. Council has separately approved the dispensing of beer and wine on
Borough property by the said organization, provided the organization
has received a valid special occasion permit from the Pennsylvania
Liquor Control Board and provided a copy to the Borough.
C. The said organization has provided the Borough with such insurance
naming the Borough and Council as additional insureds in such amounts
and with such coverage as Council may from time to time deem appropriate.
D. The organization has executed an indemnity and hold harmless agreement
as the Borough may require.
E. The organization has otherwise agreed to all terms, conditions, and
time limitations that Council may, in its sole discretion, impose
for such use of Borough property.
The fee for the alcohol permit shall be as set by resolution
of the Borough Council.
In addition to any security deposit the Borough may require
for the general use of its parks, pavilions and other buildings, a
separate refundable security deposit shall be required for any permit
to serve beer and wine. The security deposit for the alcohol permit
shall be as set by resolution of the Borough Council. The terms and
conditions for the release of all or any portion of the security deposit
shall be as set forth in the alcohol permit application.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Allegheny County.