[HISTORY: Adopted by the Board of Supervisors of the Township of Dallas as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mass public assemblies — See Ch. 38.
[Adopted 12-6-2016 by Ord. No. 2016-2]
A. 
This chapter shall be known as the "Dallas Township Prohibition of Consumption of Alcoholic Beverages or its Possession in Open Containers on Public Property Ordinance."
B. 
The Township of Dallas has experienced problems with the consumption and/or possession of alcoholic beverages in open containers in public places which is contrary to the public health, life, safety and welfare of the public welfare and which should, in the judgment of said Supervisors, be prohibited.
As used in this chapter, the following terms have the following meanings indicated, unless a different meaning clearly appears from the context:
ALCOHOLIC BEVERAGE
Refers to any liquid intended for human consumption containing more than 2% of alcohol by volume.
PUBLIC PROPERTY
Refers to public streets, public rights-of-way, public sidewalks, public parking lots, public parks and public recreation areas within the Township of Dallas, Luzerne County, Pennsylvania, with the proviso that the entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of pedestrian and/or vehicular travel as a matter of right or custom, including, but not limited to, parking lots or areas or roads shall be considered public property.
No person shall drink or otherwise consume an alcoholic beverage or possess an open container containing an alcoholic beverage on public property. With respect to this prohibition, possession of an open container containing an alcoholic beverage on public property by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof on public property in violation of this chapter.
Nothing contained in this chapter shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a sidewalk.
Any person found to be in violation of this chapter shall, upon conviction thereof, be guilty of a summary offense and shall be sentenced to pay a fine of not less than $200 or 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.
[Adopted 6-4-2019 by Ord. No. 2019-2]
This article shall be known as the "BYOB Club Ordinance."
A. 
Whether or not capitalized, the following words, terms and phases used herein shall have the following meanings:
BOARD OF SUPERVISORS
The Board of Supervisors of Dallas Township, Dallas, Luzerne County, Pennsylvania.
BYOB CLUB
A place of assembly or any other use defined in this article, other than a dwelling unit, including, but not necessarily limited to, taverns, clubs, restaurants and social buildings, that is not licensed by the Pennsylvania Liquor Control Board, in which no alcoholic beverages are sold, but where patrons are permitted to bring alcoholic beverages upon the premises for their own use and consumption. A facility which is rented for a limited period of time, but in no event to exceed six hours in length, nor to exceed one rental in a twenty-four-hour period, nor to occur between the hours of 12:00 midnight and 11:00 a.m. 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 BYOB Club under the terms hereof.
PERSON
Any individual, corporation, firm, partnership, organization and/or other similar entity.
TOWNSHIP
The Township of Dallas which is located within the confines of Luzerne County, Pennsylvania.
B. 
Singular words shall include plural and masculine, feminine and neuter words. The words "and" and "or" shall mean "and/or" whenever reasonably applicable.
It shall be unlawful for any person or persons who own, operate, lease, manage or control a BYOB Club to:
A. 
Remain open and/or to transact business between the hours of 12:00 midnight and 11:00 a.m., prevailing time. In all cases, the premises must be vacated within 15 minutes after the required closing time.
B. 
Conduct activities to which this article applies without possessing a valid BYOB Club permit as specified herein.
C. 
The principal structure of a BYOB Club shall not be located within any residential district.
D. 
The principal structure of a BYOB Club shall not be located within 300 feet from the nearest property line of any church, preschool, elementary school, middle or secondary school, child-care/day-care facility, other institution of learning or education with a primary student body under the age of 18 years old, hospital, library, park and/or playground. This provision shall not apply to restaurants operating and lawfully existing as a permitted or principal use in accordance with the Dallas Township Zoning Ordinance.
Any and all "BYOB Clubs," as that term is defined, shall comply with the following requirements:
A. 
Obtain and carry general liability coverage in the minimum amount of $1,000,000, proof of which shall be filed with the Township's Zoning Officer;
B. 
Possess a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and the Township, if applicable, and prominently display said certificate as required.
C. 
Obtain a valid business privilege and mercantile tax license from the Township and prominently display said license if required.
D. 
Obtain a valid BYOB Club permit pursuant to this article 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 same.
A. 
Any person or persons desiring to operate or continue to operate a BYOB Club shall file with the Township's Zoning Officer an application for a BYOB Club permit. The application shall include the following information: the name and address of the BYOB Club, the name and address of the lessor of the business premises, if applicable, the nature of the ownership of the BYOB Club, i.e., corporation, partnership, joint venture, association, the names and addresses of the officers and/or financial interest in the BYOB Club.
B. 
The Township's Zoning Officer shall determine whether the BYOB Club fully and completely complies with the provisions and requirements of this article within 30 days following the date on which the application is received. If the Township's Zoning Officer determines that the applicant fully and completely complies with the provisions hereof, the Township's Zoning Officer shall issue a BYOB Club permit. If the Township's Zoning Officer determines that the applicant does not fully and completely comply with the provisions hereof, the Township Zoning Officer shall deny the issuance of a BYOB Club permit and shall furnish written evidence of the same to the applicant together with the reason(s) for denial.
C. 
The BYOB shall pay an administrative fee of $25 for a BYOB Club permit and $25 for each renewal thereof. Said BYOB Club permit shall be effective for a period of one year following the date of issuance; provided, in the event the BYOB Club fails to fully and completely comply with the provisions hereof, or is convicted of any unlawful activities during the term of the BYOB Club permit so issued, the Township shall have the authority to revoke the BYOB Club permit due to the BYOB Club's lack of compliance.
D. 
Business owners and employees shall not be visibly intoxicated on the premises.
E. 
Alcoholic beverages shall not be offered as a prize for any activity conducted on the premises.
F. 
The consumption of alcoholic beverages on the premises by visibly intoxicated persons shall be prohibited.
G. 
In the event that the BYOB permit is revoked, the business may not reapply for a new permit for a minimum of six months.
H. 
Open containers of alcohol are prohibited outside of the BYOB Club.
I. 
The BYOB Club is strictly liable for ensuring that alcohol is not furnished or given to minors.
J. 
The licensee is also accountable for instances of disturbances that may occur on or about the licensed premises in connection with the BYOB Club.
All public complaints about a BYOB operation should be reported to the Township's Zoning Officer. They will be investigated by the Township Zoning Officer with the assistance of the Dallas Township Police Department.
A. 
Any person, persons, business entity, firm or corporation violating the provisions of this article shall, upon conviction, be subject to a penalty in the amount of $300 for each day of such violation, and any and all other remedies available in accordance with the Codified Ordinances of the Township and the laws of the Commonwealth of Pennsylvania.
B. 
The unlawful activities specified herein shall constitute separate and distinct offenses for each and every day in which said activities are conducted.
C. 
In addition to any monetary penalties involved, the Township shall revoke the BYOB Club permit required upon conviction of any unlawful activities.
D. 
In the event that any of the unlawful activities specified herein are 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, as well as the person or persons engaged in the unlawful activity.
A. 
The provisions of this article are severable. If any section, sentence, clause, and/or phrase of this article shall be held illegal, invalid and/or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, and/or phrases of this article.
B. 
It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such invalid or unconstitutional section, sentence, clause and/or phrase not been included. Furthermore, it is the intent of this article to be supplementary to, and not contrary to, any laws of the Commonwealth of Pennsylvania or regulations of any of its executive agencies.