[Ord. 906, 6/16/1999, Art. I]
The following terms shall have the meaning set forth herein:
ALCOHOLIC BEVERAGE
"Alcohol," "liquor" and "malt or brewed beverages" as those terms are defined in the Liquor Code of the Commonwealth of Pennsylvania, 47 P.S. §
1-101 et seq. Specifically included in this term are liquor, wine, beer, malt beverages and any beverage containing ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid.
CONTAINER
Shall have the definition set forth in the Liquor Code of Pennsylvania, 47 P.S. §
1-101 et seq.
OPEN CONTAINER OR PACKAGE
Any container or package which has been perforated in the
case of a can or similar container or a container or package on which
the cap has been loosened or the cork displaced and the seal, if any,
torn or mutilated, such that the consumption of the contents is possible.
PACKAGE
Shall have the definition set forth in the Liquor Code of Pennsylvania, 47 P.S. §
1-101 et seq.
PUBLIC ACCESS PROPERTY
Any place to which the public has lawful access, specifically
including, but not limited to: any public street, alley, sidewalk,
park, playground, recreation area, or parking lots; or any private
parking lots opened to public use, regardless of whether the establishment
which owns the private parking lot is opened or closed.
[Ord. 906, 6/16/1999, Art. II]
Except as set forth herein, from and after the effective date
of this Part, it shall be unlawful for any person to drink an alcoholic
beverage upon any public access property within the Borough of Ben
Avon.
[Ord. 906, 6/16/1999, Art. III]
Except as set forth herein, from and after the effective date
of this Part, it shall be unlawful for any person to have in such
person's possession, or in a vehicle under such person's
control, any open container or package containing an alcoholic beverage
upon any public access property in the Borough of Ben Avon.
[Ord. 906, 6/16/1999, Art. IV]
Upon written application, the Police Chief or the Mayor may
grant written permission to a group or family to hold an event at
which persons may drink alcoholic beverages from open containers upon
specific public access property in the Borough and possess an open
container or package containing an alcoholic beverage upon specific
public access property in the Borough. The specific location of the
event and the date and time of the event shall be stated in the written
application and written permission.
[Ord. 906, 6/16/1999, Art. V]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.