[HISTORY: Adopted by the Council of the Borough of West Chester 16-2016 by Ord. No. 8(a)-2016. Amendments noted where applicable.]
A.
The purpose of this chapter is to promote and protect the safety,
health and well-being of the people of the Borough of West Chester
and their property by establishing requirements for the operation
of restaurants and other establishments permitting patrons to bring
onto the premises and consume alcoholic beverages, defined herein
as a "BYOB facility."
B.
The Pennsylvania Liquor Code, Act of April 12, 1951, P.L. 90, as
amended,[1] does not regulate the licensing or operation of restaurants
and businesses that allow patrons to bring their own alcoholic beverages
onto the business premises for consumption. The regulations of this
chapter are not preempted by the Liquor Code and are necessary and
proper pursuant to the police power of the Borough of West Chester.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
For the purposes of this chapter, the following definitions
shall apply:
Any liquor, wine, alcoholic cider or malt or brewed beverage
as defined by Section 102 of the Liquor Code of the Commonwealth of
Pennsylvania, Act of April 12, 1951, P.L. 90, Article I, Section 102
et seq., as amended, 47 P.S. § 1-102, as amended.
An acronym meaning "bring your own bottle," "bring your own
beer," "bring your own beverage," "bring your own bag," or "bring
your own booze"; the practice of an individual bringing any alcoholic
beverage to an establishment or property from another location for
the purpose of consumption by either themselves or others.
Any for-profit or nonprofit business facility, such as a
restaurant, eating place, lounge, theater, dance venue, entertainment
venue or club, not licensed by the Pennsylvania Liquor Control Board,
wherein individuals, members, patrons or customers, 21 years of age
and older, may consume alcoholic beverages which have been carried
onto the premises by the individuals, members, patrons or customers
and/or are provided by the business facility to the individuals, members,
customers or patrons without charge. Such facility may or may not
require payment of any entry fee, cover charge or membership fee.
In order to be authorized to permit BYOB and to obtain a BYOB permit,
such facility must comply with all of the specific regulations, standards
and requirements of this chapter.
A permit issued by the Borough of West Chester authorizing
a business to operate as a BYOB facility within the Borough in accordance
with the regulations set forth herein.
The Borough of West Chester Department of Building, Housing
and Codes Enforcement.
Any individual, joint venture, association, club, company,
partnership, corporation, business, trust, limited liability company
or other entity or organization of any kind or description.
It shall be unlawful for any person to erect, construct, operate
or maintain a BYOB facility without first applying for and obtaining
a BYOB permit as provided in this chapter.
A.
Any person who shall desire to continue to operate a BYOB facility
existing on the effective date of this chapter or to open and operate
a new BYOB facility in the Borough shall make application for a BYOB
permit (the applicant) in writing to the Codes Department. The BYOB
permit shall be effective from the date of issuance until the end
of the calendar year in which the permit is issued. Such application
shall be accompanied by such application fee as required by a schedule
of fees established by and amended from time to time by resolution
of the Borough Council. Such application shall be made annually on
or before December 1 of each year upon forms provided by the Codes
Department and shall set forth and include the following:
(1)
The name, telephone number, and electronic and postal address of
the applicant.
(2)
The physical address of the BYOB facility.
(3)
A scaled plan specifying the precise location of the area where alcoholic
beverages will be permitted to be consumed on the premises.
(4)
The written consent of the property owner where the BYOB facility
is located to make application for the permit, if different than the
applicant.
(5)
An agreement of indemnity and a certificate of liability insurance naming the Borough as an additional insured, as required by § 90B-5.
(6)
The indoor seating capacity of the BYOB facility.
(7)
Authorization by the applicant to permit access by the Codes Department
to make inspections during regular business hours and authorization
for access to the books and records of the BYOB facility to determine
compliance with this chapter.
(8)
Such other information as may be required from time to time by the
Borough.
B.
If the physical location of the proposed BYOB facility is within
300 feet of any place of worship; hospital; the location where services
are provided by a charitable or philanthropic institution to the beneficiaries
of the charity or philanthropy; school; or public playground, the
Codes Department may refuse to issue a BYOB permit if the Codes Department
determines the issuance of the BYOB permit would be detrimental to
the welfare, health, peace or morals of the occupants of the foregoing
place of worship, hospital, charitable or philanthropic institution,
school or public playground.
C.
No action shall be taken on any application for a BYOB permit under
this section until the application has been completed in its entirety
and the application fee has been paid. A decision on the BYOB permit
application shall be made by the Codes Department within 30 days of
the submission of a complete application. There shall be no proration
of fees under this subsection for BYOB permits effective for part
of a calendar year.
D.
Prior to the issuance of a BYOB permit, the Codes Department shall
conduct an inspection to verify compliance with all requirements of
this chapter.
E.
The BYOB permit must be laminated or framed and prominently displayed
at or near the main entrance of the facility.
F.
A BYOB permit may be revoked by the Codes Department if it is determined
that the facility is in violation of any regulation or standards of
this chapter. Prior to revocation, the Codes Department shall send
written notice to the permit holder specifying the violations. The
permit holder shall have 30 days from the date of the written violation
notice to correct the violations and send written notice to the Codes
Department detailing the correction. Failure to correct the violations
or send the correction notice within the thirty-day period shall result
in revocation of the BYOB permit without further notice. A third violation
of the same regulation or standard of this chapter shall result in
revocation of the BYOB permit without issuance of a violation notice
or opportunity to correct the violations.
The applicant shall execute an agreement, in form and substance
satisfactory to the Borough, whereby the applicant shall save, indemnify,
defend and keep harmless the Borough of West Chester, its elected
and appointed officials, officers, employees, contractors and agents
from and against any and all actions, suits, demands, payments, costs
and charges for and by reason of the existence of the BYOB facility
and all damages to persons or property resulting from or in any manner
caused by the presence, location, use and operation of such BYOB facility
or by the acts or omissions of the employees or agents of the applicant
in connection with such BYOB facility. The applicant/property owner
must obtain and maintain in force at all times the facility is in
operation a broad-form general liability insurance policy with minimum
coverage of $2,000,000 per occurrence which names the Borough as an
additional insured.
Every BYOB facility shall comply with the following regulations
and standards:
A.
The BYOB facility must derive 70% or more of its annual gross revenue
from the sale of food and nonalcoholic beverages for consumption on
the premises.
B.
The BYOB facility shall comply with and remain in compliance with
all applicable laws, codes and regulations and have in effect all
necessary permits, including, but not limited to, the Borough construction
codes, Borough Property Maintenance Code, Borough Zoning Ordinance
and regulations of the Chester County Health Department.
C.
The BYOB facility shall have paid in full and be up to date on all
taxes, fees and fines due and owing to the Borough.
D.
A BYOB facility must be located in the Town Center or Commercial
Service Zoning District.
E.
No alcohol may be consumed in the BYOB facility between the hours
of 11:00 p.m. and 11:00 a.m. the following day.
F.
Any entertainment shall be limited to the interior of the facility
and shall not be audible from any public street or sidewalk or adjacent
property.
G.
Gambling of any type, lotteries, and gambling devices are prohibited
on the premises.
H.
Alcoholic beverages may not be consumed on the premises by persons
under 21 years old.
I.
Alcoholic beverages may not be consumed in the public right-of way, except for a BYOB facility holding a valid restaurant-cafe permit issued under Chapter 90A.
J.
No alcoholic beverages may be served to or consumed by any adult
seated at a bar, booth or table where a person under 18 years of age
is seated, unless the person is accompanied by a parent or legal guardian
and is properly supervised.
K.
The consumption of alcoholic beverages at the BYOB facility by visibly
intoxicated persons is prohibited.
L.
Business owners and employees shall not be visibly intoxicated at
the BYOB facility.
M.
Alcoholic beverages shall not be offered as a prize for any activity
conducted at the BYOB facility.
N.
The BYOB permit shall not be transferable from the permit holder
to another person or from the physical location for which the BYOB
permit was issued to another physical location.
O.
Owners, managers and employees of a BYOB facility who have contact
with customers must successfully complete the PLCB Responsible Alcohol
Management Program ("RAMP") within six months from the issuance of
the BYOB permit or within six months of initial employment by the
BYOB facility. The said owners, managers and employees shall continuously
maintain the RAMP certification at all times they are associated with
or employed by the BYOB facility.
P.
If required by the Department of Building, Housing and Codes Enforcement
during the permitting process, the applicant shall install, operate
and continuously maintain video surveillance equipment at the facility.
This chapter applies to any BYOB facility existing on the effective
date of this chapter and any proposed BYOB facility in the Borough.
The BYOB permit required by this chapter shall be obtained by any
existing BYOB establishments in the Borough within 60 days of the
effective date of this chapter. Any establishment permitting BYOB,
as defined in this chapter, on the effective date of this chapter,
located outside the Town Center or Commercial Service Zoning District
may continue to operate but shall apply for and obtain a BYOB permit
within 90 days of the effective date of this chapter and comply with
all other regulations and standards of this chapter. If said existing
establishment outside the Town Center or Commercial Service District
fails to obtain a BYOB permit within said 90 days, BYOB shall cease
at the establishment. If the existing establishment obtains a BYOB
permit and thereafter ceases operations for a period of 30 consecutive
days, BYOB shall no longer be permitted. Notwithstanding the foregoing,
the Codes Department may extend the thirty-day nonoperation period
for circumstances beyond the control of BYOB permit holder, for example,
renovations of the BYOB facility.
The Borough may, from time to time, promulgate additional rules
or regulations it deems necessary to effectuate the purposes of this
chapter.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine of not less than $50
for the first offense, not less than $100 for the second and subsequent
offenses, and not more than $1,000 plus the costs of prosecution.
Upon default of payment thereof, the defendant may be sentenced to
imprisonment in the Chester County prison for a period of not more
than 30 days. Each section or provision of this chapter that is violated
shall constitute a separate offense, and each day in which a violation
of this chapter is found to exist shall constitute a separate offense,
each of which violations shall be punishable by a separate fine imposed
by the District Justice in the amounts stated hereinabove.
