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.
PERSON
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.
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.