[Ord. 3-2004, 8/26/2004, § 1]
The Board of Supervisors hereby declares that the purpose of this Part is to regulate the hours of operation of B.Y.O.B. clubs in order to preserve the health, safety and general welfare of its citizens and to protect the right of its citizens to the quiet enjoyment of their property.
[Ord. 3-2004, 8/26/2004, § 1]
The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
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.
B.Y.O.B. CLUB
Any business facility such as a dance hall, club or association existing on the date of enactment of this Part or coming into existence thereafter, and which is not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age and older may, after payment of an entry fee, cover charge or membership fee, consume alcoholic beverages which said patrons have carried onto the premises; also commonly referred to as "Bring Your Own Bottle Clubs"; provided that a facility which is rented for a limited period of time, not to exceed 12 hours, by individuals or an organization for the purpose of a private party in which alcoholic beverages are carried onto the premises shall not be considered a B.Y.O.B. Club under the terms of this Part.
[Ord. 3-2004, 8/26/2004, § 1]
1. 
It shall be unlawful for any person or persons who own, operate, lease, manage or control a B.Y.O.B. Club to:
A. 
Remain open and/or to transact business between the hours of 2:00 a.m. and 7:00 a.m., prevailing time, of each day and at any time on Sundays.
B. 
Conduct activities to which this Part applies without possessing a valid Club permit.
C. 
To operate or conduct business within one mile of a public or private school, public library and/or place of religious worship, i.e., church.
D. 
To permit individuals to consume alcoholic, brewed or malt beverages in or around the exterior of the premises of the B.Y.O.B. Club.
E. 
To permit the operation or conduct of business in or around the exterior of the premises of the B.Y.O.B. Club.
[Ord. 3-2004, 8/26/2004, § 1]
In the event any of the unlawful activities specified herein is conducted by or in the name of a corporation, partnership, joint venture, trust, firm or association, in addition to entity liability, the officers, agents or principals of said corporation, partnership, joint venture, trust, firm or association, shall be deemed in violation of the Part, as well as the person or persons engaged in the unlawful activity.
[Ord. 3-2004, 8/26/2004, § 1]
The unlawful activities specified herein shall constitute separate and distinct offenses for each and every day in which said activities are conducted.
[Ord. 3-2004, 8/26/2004, § 1]
1. 
Any and all B.Y.O.B. Clubs to which this Part applies shall comply with the following requirements:
A. 
Obtain broad form general liability coverage, $5,000,000 single limit per occurrence, proof of which shall be filed with the Township Manager.
B. 
Possess a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and Hunlock Township, Codes Enforcement Office, and prominently display said certificate as required.
C. 
Obtain an annual fire inspection of the premises by the Township Codes Enforcement Officer.
D. 
Obtain a valid B.Y.O.B. Club permit pursuant to § 13-107 of this Part and prominently display said permit as required.
E. 
Conspicuously post the hours of operation at the business premises such that patrons are sufficiently apprised of the same.
[Ord. 3-2004, 8/26/2004, § 1]
1. 
Any person or persons desiring to operate or continue to operate a B.Y.O.B. Club shall file with the Commissioner of Police an application for a B.Y.O.B. Club permit, which application shall include the following information: the name and address of the B.Y.O.B. Club, a statement whether the business address of the lessor of the business premises, if applicable, the nature of the ownership of the B.Y.O.B. Club, i.e., corporation, partnership, joint venture, association, the names and addresses of any and all persons who possess an ownership and/or financial interest in the B.Y.O.B. Club, and a notarized statement that the B.Y.O.B. Club complied with the requirements of § 13-106 herein.
2. 
The Commissioner of Police shall determine whether the B.Y.O.B. Club fully and completely complies with the provisions and requirements of this Part within 10 days following the date on which the application is received. If the Commissioner of Police determines that the applicant fully and completely complies with the provisions hereof, he shall issue a B.Y.O.B. Club permit; if the Commissioner of Police determines that the applicant does not fully and completely comply with the provisions hereof, he shall deny the issuance of B.Y.O.B. Club permit and shall furnish written evidence of the same to the applicant together with the reason(s) for the denial.
3. 
The Club shall pay an administrative fee of $250 for a B.Y.O.B. Club permit and $100 for each renewal thereof. Said B.Y.O.B. Club permit shall be effective for a period of one year following the date of issuance, provided, that in the event B.Y.O.B. Club fails to fully and completely comply with the provisions hereof during the term B.Y.O.B. Club permit so issued, the Commissioner of Police shall have the authority to revoke the B.Y.O.B. Club permit due to B.Y.O.B. Club's lack of compliance.
[Ord. 3-2004, 8/26/2004, § 1]
Any person, persons or entity violating the provisions of this Part shall, upon conviction thereof, be sentenced to a fine not exceeding $600 and/or to imprisonment not exceeding 90 days or both.