[HISTORY: Adopted by the Borough Council of the Borough of West Reading as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2000 by Ord. No. 834 (Ch. VI, Part 2, of the 1993 Code of Ordinances)]
No person or entity shall operate a bottle club, as defined in § 144-2 of this article, between the hours of 12:01 a.m. and 10:00 a.m. on any day.
As used in this article, the following terms shall have the meanings indicated:
BOTTLE CLUB
An establishment operated for profit or pecuniary gain, which admits patrons upon the payment of a fee, has a capacity for the assemblage of 20 or more persons, 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 Act of April 12, 1951 (P.L. 90, No. 21), known as the "Liquor Code,"[1] or any organization as set forth in Section 6 of the Act of December 19, 1990 (P.L. 1200, No. 202), known as the "Solicitation of Funds for Charitable Purposes Act."[2]
OPERATE
Includes any person, entity or establishment that:
A. 
Controls or causes to be controlled through agents or employees of any bottle club;
B. 
Conducts or manages a bottle club; or
C. 
Owns, leases or subleases any area used as a bottle club.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[2]
Editor's Note: See 10 P.S. § 162.1 et seq.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Each twenty-four-hour period during which a person, entity or establishment operates a bottle club in violation of this article shall constitute a separate offense for which a penalty may be imposed, as set forth herein.
Any police officer is authorized to arrest, with or without warrant, any person or persons violating any provision of this article.
A. 
Criminal. Whoever violates any provision of this article shall be guilty of a summary offense and, upon conviction, shall be subject to a fine not to exceed $1,000 and costs, and in default in payment thereof, shall be imprisoned for a period not to exceed 30 days.
B. 
Civil/equitable. Upon conviction of any person for a violation of this article, the Borough of West Reading may revoke any building, occupancy, zoning or other similar permit(s) previously issued by the Borough for the premises on which such bottle club has been operated. The Borough Solicitor and/or its designee is hereby authorized to take any civil legal or equitable court action for such purpose, if necessary.