[Ord. 2098, 8/7/2017, Section 101]
a.
Special events are activities that impact the ordinary allocation
of Borough personnel or the ordinary use of Borough streets, alleys,
sidewalks, rights-of-way, parks, parking lots/facilities, plazas,
or other Borough property. The purpose of this ordinance is to establish
criteria and procedures for applying for and approval of a special
event permit granted by the Borough. Protecting all persons' civil
liberties and constitutional rights is paramount. Nothing in this
ordinance is intended to or shall interfere in any way with constitutionally
protected activity.
b.
The obligation of complying with the requirements of this ordinance
is upon the applicant or sponsor, and nothing contained in this ordinance
is intended to be construed to create or form the basis for liability
on the part of the Borough, or its officers, employees or agents,
for any injury or damage resulting from the failure of the applicant
or sponsor to comply with the provisions stated herein.
[Ord. 2098, 8/7/2017, Section 102]
The person or entity who submits the special event permit,
is issued the special event permit if approved, and is responsible
for complying with all requirements of this ordinance.
A commercially produced alcoholic beverage of consumption
obtained by the fermentation of a mash of various malted grains.
A representative of the Borough of State College represented
by the Borough Manager or his/her designee to administer special event
permits.
The Chief of Police of the Borough or his/her designee.
A commercially produced alcoholic beverage made from the
fermentation of the juice of apples.
Crafted distilled spirits are defined as any alcoholic beverage
obtained by distillation, mixed with water and other substances in
solution, and includes among other things brandy, rum, whiskey, gin,
powdered alcohol, and every liquid or solid, patented or not, containing
at least one-half of one percent alcohol by volume, which is fit for
use for beverage purposes, and distilled by a local craft distillery.
Any liquid or solid containing beer or wine in combination with any
other liquor, except as provided in subsections (30) and (59) of this
section, shall not be construed to be fermented malt or vinous liquor
but shall be construed to be spiritous liquor.
[Added by Ord. No. 2197, 12/19/2022]
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Basic Definitions:
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Highball is a spirit combined with a single mixer in a tall
glass (rum and coke, whiskey sour, scotch and soda are examples).
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Cocktail is a single spirit, or a mix of spirits combined with
other juices, creams, or beverages.
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Local Craft Distillery is a PALCB limited distillery licensee
that operates in Centre County, PA. These licensed distilleries shall
not exceed production of 100,000 gallons of distilled liquor per year.
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Distilled spirits will be permitted for open container sale
under the following conditions: while it can be sampled in the PALCB
recognized sizes (not to exceed 1.5 ounces per person), it must be
served as a highball or cocktail in clear plastic glassware no larger
than 9 ounce cups for consumption.
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Any Borough street, alley, sidewalk, right-of-way, park,
parking lot, plaza, or any other property of the Borough.
Any festival, concert, parade, assemblage, demonstration,
bike or foot races, walks, or other planned or announced public gathering
upon any public street, right-of-way or property of the Borough.
A commercially produced alcoholic beverage of consumption
made by the fermentation of the juice of grapes, berries or other
plants.
[Ord. 2098, 8/7/2017, Section 103]
a.
No person(s) or organization(s) is to engage in, form, start, or
operate a special event in or on or requiring exclusive use of or
closure of public property unless a permit is obtained from the Borough.
[Ord. 2098, 8/7/2017, Section 104]
a.
A person or organization seeking the issuance of a special event
permit shall file an application with the Borough. The application
will be provided by the Borough. The Borough Manager will assign a
Borough staff the responsibility for administering and enforcing this
ordinance. Upon receipt of a special event application, the application
will be forwarded to appropriate Borough staff members who will make
a recommendation on the permit application as expeditiously as possible.
In addition to the Borough of State College special event permit application,
the applicant may also be required to secure permits from the Pennsylvania
Department of Transportation if the event requires the closure of
a state roadway(s), Centre Region Parks and Recreation if the event
will use a municipal/regional park, or the Pennsylvania State University
or the owner of other property if any part of the special event will
be held or such property. The applicant has the burden of proof of
obtaining any such permission of other entities, or property owners.
b.
An application shall be completed, signed, and submitted at least
45 days before the date the special event is to commence. The Borough,
where good cause is shown, shall have the authority to consider any
application which is filed less than 45 days before the date of the
event. Any required application and/or processing fee for any special
event permit shall be set by resolution. If an application and/or
processing fee is required, it is nonrefundable, and payment shall
be made to the Borough Finance Department at the time the application
is submitted.
c.
A person or organization shall complete all information listed on
the Borough's special event permit application and any other additional
information which a Borough official shall find reasonably necessary
to make a fair determination as to whether a permit should be issued.
If food and/or beverages are to be sold or distributed on public property,
the applicant shall also complete and submit with the special events
application the Borough's Registration of a Food Event on Public Property
form.
d.
The Borough shall issue a permit for a proposed special event unless
it finds any of the following:
(1)
The event would likely endanger public safety or health.
(2)
The proposed event would seriously and unreasonably inconvenience
or impact the general public's use of public property, services or
facilities.
(3)
The event would unreasonably infringe upon the rights of abutting
properties.
(4)
The event would conflict with another proximate event or interfere
with construction or maintenance work in the immediate vicinity.
(5)
There is not sufficient qualified safety personnel or other necessary
Borough staff to accommodate the event.
(6)
The applicant failed to complete the application form or provide
other required information in a timely manner after being notified
of the additional information or documents required.
(7)
Information contained in the application or supplemental information
requested from the applicant is found to be false in any material
detail.
(8)
The applicant cannot meet, or is unwilling to meet, all the requirements
of this ordinance or any special conditions imposed by the Borough.
(9)
Other issues in the public interest were identified by the Borough
Manager, Council, or designee.
(10)
The applicant failed to prepay required expenses, fees, charges,
deposits, insurance or bonds.
(11)
The proposed event is scheduled to occur at a route or location
adjacent to a school or class during a time when such school or class
is in session, and the noise created by the activities of the event
would substantially disrupt the educational activities of the school
or class.
(12)
The purpose of the proposed event is to incite crime or the
overthrow of the government by force or the event would engage in
or encourage participants to engage in illegal acts.
e.
Generally, the Borough requires proof of liability insurance from
the applicant by requiring the applicant to submit a copy of a certificate
of insurance in an amount equal to the Borough's liability under the
Government Tort Claims Act of the state, and requires the execution
of a hold harmless agreement to indemnify the Borough in the event
the Borough is held liable for any injuries or damage as a result
of the event. In certain instances, the Borough does have the authority
to waive the requirement for proof of insurance based on the nature
of the special event.
f.
The persons or organization shall comply with all other applicable
federal, state and local statutes, ordinances, codes, licenses, permits,
rules or regulations.
g.
The persons or organizations shall also comply with all directives
and instructions from the Borough administration, police, fire, public
works and parks and recreation personnel.
[Ord. 2098, 8/7/2017, Section 105]
a.
Unless extenuating circumstances exist, the Borough Council shall
act on all special event permit applications at a regular Council
meeting. If there is not a regular Council meeting scheduled between
the time the application is submitted and the date of the special
event, the Borough Manager has the authority to review and make a
decision on the special event permit request. However, special event
permit applications requesting alcohol sales and consumption may only
be approved by Borough Council.
b.
Prior to Borough Council or the Borough Manager acting on the special
event permit application, the following shall occur:
(1)
The Borough employees shall act upon the application for a permit
required by this ordinance as expeditiously as possible.
(2)
The Borough employees reviewing the application shall document their
review of the application and any provisions that need to be addressed
by the applicant and included in the permit.
c.
The applicant shall be notified in writing of Borough Council's or
Borough Manager's decision on the special event permit application.
If the application is disapproved, the reasons therefor shall be set
forth in writing.
[Ord. 2098, 8/7/2017, Section 106]
a.
General. The applicant under this ordinance shall comply with all
permit directions, instructions, guidelines, and conditions.
b.
Cleanup. Arrangements must be made with the Public Works Department
by the applicant for trash containers and procedures to clean the
public property used for the special event. Cleanup must begin immediately
after the special event and continue until completed with all refuse
and recycling properly contained for collection and disposal.
[Ord. 2098, 8/7/2017, Section 107]
a.
The Borough may impose reasonable fees and requirements upon the
applicant as necessary to cover the costs of public services and equipment
provided by the Borough for the special event. If a fee is imposed,
an estimate of the anticipated fee may be required to be paid at the
time the permit is approved.
b.
Canceled event. If a fee is imposed and the special event is canceled
without at least 48 hours' notice, the fee will still be assessed
to cover the cost of labor and equipment. The assessed fee will not
apply if inclement weather, disaster or other unforeseen circumstances
occur that are not in the applicant's control result in the cancellation
of the special event.
c.
If damage to public property occurs as a result of the special event,
the applicant shall be responsible for reimbursing the Borough for
the material and labor cost to repair the damage.
[Ord. 2098, 8/7/2017, Section 108]
The applicant must provide adequate security for the special
event as determined by the Chief of Police. In addition, the applicant
may be required to reimburse the Borough for the cost of additional
police services the Chief of Police determines is required to insure
public safety for the special event.
[Ord. 2098, 8/7/2017, Section 109]
a.
Closing public streets to vehicular traffic can create an inconvenience
for neighboring businesses, residents, and the driving public. If
the applicant intends to close any street to vehicular or pedestrian
traffic, that request shall be included in the application. The applicant
shall submit with the application documentation from all properties
located on the segment of the street to be closed indicating whether
the property owner/manager supports the street closure request.
b.
In addition to the street closure requirements below, all street
closures must be done in accordance with PennDOT and any local regulations.
The applicant is responsible for any costs associated with meeting
any PennDOT or local street closing regulations.
c.
All street closure requests, especially requests to close a state
roadway, will be carefully evaluated to determine if the community
benefit from closing the street for the proposed special event outweighs
the inconvenience or impact to the neighboring businesses, residents,
and general public's use of public property, services or facilities.
This evaluation can be cause for denying the street closure request.
d.
If a street closure is requested, the applicant may be required to
meet with Borough police and/or public works staff to discuss in detail
the street closure request and to develop a traffic detour and traffic
control plan.
[Ord. 2098, 8/7/2017, Section 110; amended by Ord. No. 2197, 12/19/2022]
For the purpose of this section, "liquor and food expositions"
are defined as affairs held indoors or outdoors with the intent of
promoting Pennsylvania products by educating those in attendance of
the availability, nature and quality of Pennsylvania-produced liquors
in conjunction with suitable food displays, demonstrations and sales.
Liquor and food expositions may also include activities other than
liquor and food displays, including arts and crafts, musical activities,
cultural exhibits, agricultural exhibits and farmers markets. (Pennsylvania
Statutes Title 47 P.S., Liquor, § 5-505.4, Limited distilleries
and distilleries)
For purposes of this section, "alcohol" refers to beer, cider,
wine, and crafted distilled spirits. Crafted distilled spirits are
defined as any alcoholic beverage obtained by distillation, mixed
with water and other substances in solution, and includes among other
things brandy, rum, whiskey, gin, powdered alcohol, and every liquid
or solid, patented or not, containing at least one-half of one percent
alcohol by volume, which is fit for use for beverage purposes, and
distilled by a local craft distillery. Any liquid or solid containing
beer or wine in combination with any other liquor, except as provided
in subsections (30) and (59) of this section, shall not be construed
to be fermented malt or vinous liquor but shall be construed to be
spiritous liquor.
Basic Definitions:
Highball is a spirit combined with a single mixer in a tall
glass (rum and coke, whiskey sour, scotch and soda are examples).
Cocktail is a single spirit, or a mix of spirits combined with
other juices, creams, or beverages.
Local Craft Distillery is a PALCB limited distillery licensee
that operates in Centre County, PA. These licensed distilleries shall
not exceed production of 100,000 gallons of distilled liquor per year.
Distilled spirits will be permitted for open container sale
under the following conditions: while it can be sampled in the PALCB
recognized sizes (not to exceed 1.5 ounces per person), it must be
served as a highball or cocktail in clear plastic glassware no larger
than 9 ounce cups for consumption.
Under no circumstances shall any other type of alcohol be approved.
a.
Special events that include the sale of alcohol may only be considered
for approval if requested for special events sponsored or cosponsored
by the Downtown Improvement District (DID) and only within the following
locations:
b.
For Council to consider a request for the sale and consumption of
alcohol, the DID and/or its cosponsor shall provide the following
with the special event application:
(1)
Location, hours of sales, site diagram, security procedures (volunteer
and uniform staffing, ID checking, and dispensing operations), physical
enclosure measures, parking locations for beer trucks, and permitted
tents, etc.
(2)
The service of and consumption of alcoholic beverages must comply
with all applicable federal, state, and local laws or regulations,
including but not limited to the Pennsylvania Liquor Control Board
(PLCB) licensing and other PLCB regulations. Before a permit is approved,
documentation shall be provided to the Borough showing that the proposed
alcohol sales comply with all PLCB licensing and other PLCB regulations.
(3)
The service of alcohol to consumers in glass or can containers is
prohibited on Borough property or streets. Alcoholic beverages must
be served to consumers in paper or plastic containers and in containers
no larger than 16 fluid ounces. Any open container must be consumed
within the permitted structure, to include beer served in cans.
c.
The Borough reserves the right to revoke the permit or require the
applicant to discontinue alcohol sales and consumption whenever Borough
police determine the consumption of alcohol by participants becomes
excessive, or whenever Borough police determines participants are
demonstrating unruly, loud, abusive, or other inappropriate behavior
during the special event.
d.
If Council approves the sale and consumption of alcohol for a special
event, the following shall apply:
(1)
The applicant must post signs stating that alcoholic beverages are
prohibited beyond the approved permitted area and that underage drinking
is prohibited. Signs must be posted adequately designating the approved
permitted area.
(2)
At least one person at each alcohol serving station shall be trained
and certified through the Responsible Alcohol Management Program (RAMP)
server/seller training.
(3)
All participants consuming alcohol must be provided and wear a designating
item to identify that they are of legal drinking age. The specific
type of item the applicant proposes to issue is subject to approval
by the Borough. At a minimum, the item issued shall be so designed
that it would prevent a person from transferring the identifier to
another person.
(4)
All alcohol sales must end at least 45 minutes before the scheduled
ending time of the special event.
(5)
The applicant must also provide a nonalcoholic beverage option.
(6)
Any other requirements determined by Council shall be followed.
[Ord. 2098, 8/7/2017, Section 111]
a.
No person shall unreasonably hamper, obstruct, impede or interfere
with any special event, or with any person, vehicle or animal participating
or used in any special event.
b.
The Borough shall have the authority to prohibit or restrict the
parking of vehicles along a street or area properly designated or
posted for an approved special event, and it shall be unlawful for
any person to park or leave unattended any vehicle in violation thereof.
c.
Beverages shall not be sold or distributed in glass containers on
public property during an approved special event.
[Ord. 2098, 8/7/2017, Section 112]
a.
A special event permit issued under this ordinance for a special
event in progress may be terminated by the Chief of Police or his/her
designee, if termination is a reasonable and necessary response to
imminent danger or threat to public safety.
b.
A special event permit may be revoked by the Borough for failing
to comply with the conditions for the issuance of the permit, violating
any provision of this ordinance or other applicable ordinances and
state law.
[Ord. 2098, 8/7/2017, Section 113]
a.
Failure to obey or violation of any provision(s) of this ordinance,
or any order, requirement, or condition imposed as part of the permit
approval, shall be a violation of this ordinance by the applicant
and may result in the termination of the special event, revocation
of the special event permit, and/or subject the violator to a fine
as listed in Subsection b below. A future special event permit request
may be denied based on a past violation of this ordinance.
b.
Any person failing to obey or who violates any provision of this
ordinance, or any order, requirement, or condition imposed as part
of the permit approval, can be subject to a fine of not less than
$300 nor more than $1,000 plus cost of prosecution.
[Ord. 2098, 8/7/2017, Section 114]
If any part, provision or section of this ordinance is held
to be void or unconstitutional, all other parts not expressly so held
shall continue in full force and effect.
