[HISTORY: Adopted by the Borough Council of the Borough of
Ephrata 5-13-2013 by Ord. No. 1494;[1] amended in its entirety 8-8-2016 by Ord. No. 1525. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 155.
Parks and recreation — See Ch. 221.
Peace and good order — See Ch. 227.
[1]
Editor's Note: This ordinance also repealed former Ch.
119, Alcoholic Beverages, adopted 9-8-1980 by Ord. No. 1072, as amended.
A.
It shall be unlawful for any person, while on any public or semipublic
street, sidewalk, alley or similar area or while in any recreation
area or other property owned or supervised by the Borough of Ephrata,
to consume any alcohol, liquor or malt or brewed beverages.
B.
The provisions of this § 119-1 shall not apply to any facility or establishment licensed to serve or to dispense alcoholic beverages by the Pennsylvania Liquor Control Board (the "LCB") or other body pursuant to the laws of the Commonwealth of Pennsylvania and persons who are patrons of any such facilities or establishments, provided that the patrons remain within the confines of said facilities or establishments with the alcoholic beverages. The confines of said facilities or establishments shall include the sidewalk area between the public way and the front of said facility or establishment, so long as the facility and establishment provide adequate amounts of tables and seating for its patrons and provide waiter/waitress service to its patrons at said tables and seating facilities (the "premises").
C.
The provisions of this § 119-1 shall not apply to the not-for-sale supply and/or consumption of beer and wine on the premises of a facility or establishment licensed to serve or to dispense alcoholic beverages by the LCB or other body pursuant to the laws of the Commonwealth of Pennsylvania provided:
(1)
That such facility or establishment conducts that activity or event
pursuant to the criteria, law and limitations set forth in a written
advisory opinion or other written communication from the LCB for the
proposed event; and
(2)
The activity or event is authorized by the Council of the Borough
of Ephrata or is otherwise not prohibited by state or local law.
[Amended 7-9-2018 by Ord.
No. 1543]
D.
The provisions of this § 119-1 shall not apply to the "not-for-sale" supply and/or consumption of beer and wine on the premises of a facility or establishment not licensed to serve or to dispense alcoholic beverages by the LCB or other body pursuant to the laws of the Commonwealth of Pennsylvania provided that:
(1)
Such facility or establishment conducts that activity or event pursuant
to the criteria, law and limitations set forth in a written communication
from the LCB for the proposed event; and
(2)
The activity or event is authorized by the Council of the Borough
of Ephrata or is otherwise not prohibited by state or local law.
[Amended 7-9-2018 by Ord.
No. 1543]
E.
Notwithstanding any of the forgoing provisions of this chapter, a
facility or establishment providing for the supply and/or consumption
of beer and wine pursuant to and in compliance with the limitations
set forth in an advisory opinion or other written communication from
the LCB shall not be required to obtain an additional opinion or communication
from the LCB for each subsequent event of a similar nature that complies
with the limitations set forth in the initial advisory opinion or
other written communication.
F.
The provisions of this § 119-1 shall not apply to the supply and/or consumption of beer and wine on the premises of a facility or establishment not licensed to serve or to dispense alcoholic beverages by the LCB or other body pursuant to the laws of the Commonwealth of Pennsylvania provided that:
(1)
The activity or event is authorized by the Council of the Borough
of Ephrata, or as otherwise authorized by the Council of the Borough
of Ephrata pursuant to a written lease agreement between the Borough
and the facility or establishment; and
[Amended 7-9-2018 by Ord.
No. 1543]
(2)
The activity or event is conducted by an "eligible entity" as defined
by § 102 of the Liquor Code pursuant to a special occasion
permit issued by the LCB, Bureau of licensing; and
(3)
The activity or event is not otherwise prohibited by state or local
law.
Any person who shall violate any provision of this chapter shall,
upon summary conviction before a District Justice, be subject to a
fine for each offense of not less than $100 and not more than $1,000
and the costs of prosecution, and, in default of payment of fine and
costs of prosecution, shall be sentenced to imprisonment of not more
than 30 days. Each day a violation shall remain shall constitute a
separate violation, and a violation of each section of this chapter
shall be considered a separate offense.
