[Adopted 7-10-1989 by Ord. No. 89-05]
The Board of Supervisors hereby declares that the purpose of
this article is to regulate the hours of operation of BYOB clubs in
order to preserve the health, safety and general welfare of its citizens
and to protect the right of its citizens to the quiet enjoyment of
their property.
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section:
ALCOHOLIC BEVERAGES
Any and all beverages, including malt beverages, which contain
alcohol, liquor or such other intoxicating substances as are further
defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101
et seq.
BYOB CLUB
Any business facility such as a dance hall, club or association
existing on the date of enactment of this article or coming into existence
thereafter, and which is not licensed by the Pennsylvania Liquor Control
Board, wherein patrons 21 years of age and older may, after payment
of an entry fee, cover charge or membership fee, consume alcoholic
beverages which said patrons have carried onto the premises, also
commonly referred to as "bring your own bottle clubs," provided that
a facility which is rented for a limited period of time, not to exceed
12 hours, 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 of this article.
In the event that any of the unlawful activities specified herein
is 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
of this article, as well as the person or persons engaged in the unlawful
activity.
The unlawful activities specified herein shall constitute separate
and distinct offenses for each and every day in which said activities
are conducted.
Any and all BYOB clubs to which this article applies shall,
at all times, comply with the following requirements:
A. Obtain broad form general liability coverage, $1,000,000 single limit
per occurrence, proof of which shall be filed with the Commissioner
of Police.
B. Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and the Lower Paxton Township, Codes
Enforcement Office, and prominently display said certificate as required.
C. Obtain an annual fire inspection of the premises by the Township
Codes Enforcement Officer.
D. Obtain a valid BYOB club permit pursuant to §
63-7 of 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 the same.
This article shall be enforced by action brought before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person,
firm or corporation who or which violates or permits the violation
of this article shall, upon conviction in a summary proceeding, be
punishable by a fine of not more than $1,000 or by imprisonment for
a term not exceeding 90 days. Each day or portion thereof that such
violation continues or is permitted to continue shall constitute a
separate offense. Each section of this article that is violated shall
also constitute a separate offense.