[HISTORY: Adopted by the Council of the Borough of West Chester 16-2016 by Ord. No. 8(a)-2016. Amendments noted where applicable.]
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."
The Pennsylvania Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 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.
Editor's Note: See 47 P.S. § 1-101 et seq.
For the purposes of this chapter, the following definitions shall apply:
- ALCOHOLIC BEVERAGES
- 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.
- BYO and/or BYOB
- 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.
- BYOB FACILITY or FACILITY or PREMISES
- 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.
- BYOB PERMIT
- 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.
- CODES DEPARTMENT
- 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.
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:
The name, telephone number, and electronic and postal address of the applicant.
The physical address of the BYOB facility.
A scaled plan specifying the precise location of the area where alcoholic beverages will be permitted to be consumed on the premises.
The written consent of the property owner where the BYOB facility is located to make application for the permit, if different than the applicant.
An agreement of indemnity and a certificate of liability insurance naming the Borough as an additional insured, as required by § 90B-5.
The indoor seating capacity of the BYOB facility.
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.
Such other information as may be required from time to time by the Borough.
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.
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.
Prior to the issuance of a BYOB permit, the Codes Department shall conduct an inspection to verify compliance with all requirements of this chapter.
The BYOB permit must be laminated or framed and prominently displayed at or near the main entrance of the facility.
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:
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.
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.
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.
A BYOB facility must be located in the Town Center or Commercial Service Zoning District.
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.
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.
Gambling of any type, lotteries, and gambling devices are prohibited on the premises.
Alcoholic beverages may not be consumed on the premises by persons under 21 years old.
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.
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.
The consumption of alcoholic beverages at the BYOB facility by visibly intoxicated persons is prohibited.
Business owners and employees shall not be visibly intoxicated at the BYOB facility.
Alcoholic beverages shall not be offered as a prize for any activity conducted at the BYOB facility.
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.
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.
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.