This chapter shall be known and may be cited as "Alcoholic Beverages:
Open Containers."
The purpose of the Open Container Ordinance is to establish
limited circumstances in which public consumption of alcohol may be
permitted within the Borough in order to promote community involvement
and economic development in the community.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular include the plural. The word "shall" is
mandatory. The word "may" is permissive.
ALCOHOL
Ethyl alcohol of any degree of proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include powdered alcohol and synthetic ethyl alcohol, but
shall not mean or include ethyl alcohol, whether or not diluted, that
has been denatured or otherwise rendered unfit for beverage purposes.
CONTAINER
Includes any receptacle, vessel, or form of package, tank,
vat, cask, barrel, drum, keg, can, bottle, or conduit used or capable
of use for holding, storing, transferring, or shipment of alcohol,
liquor, or malt or brewed beverages.
LIQUOR
Includes any alcoholic, spirituous, vinous, fermented or
other alcoholic beverage, powdered alcohol, or combination of liquors
and mixed liquor a part of which is spirituous, vinous, fermented,
or otherwise alcoholic, including all drinks or drinkable liquids,
preparations or mixtures, and reused, recovered, or redistilled denatured
alcohol usable or taxable for beverage purposes which contain more
than 1/2 of 1% of alcohol by volume, except pure ethyl alcohol and
malt or brewed beverages.
MALT OR BREWED BEVERAGES
Any beer, lager beer, ale, porter, or similar fermented malt
beverage containing 1/2 of 1% or more of alcohol by volume, by whatever
name such beverage may be called, and shall mean alcoholic cider and
mead.
OPEN
When used in connection with a container, shall mean any
container which has been perforated in the case of a can or similar
container, or a container on which the cap has been loosened or the
cork displaced and the official seal torn or mutilated, or a container
that has no cap, lid, or seal.
ORIGINAL CONTAINER
All bottles, casks, kegs, or other suitable containers that
have been securely capped, sealed, or corked by the manufacturer of
malt or brewed beverages at the place of manufacture, with the name
and address of the manufacturer of the malt or brewed beverages contained
or to be contained therein permanently affixed to the bottle, cask,
keg, or other container or in the case of a bottle or can, to the
cap or cork used in sealing the same or to a label securely affixed
to bottle or can.
RAMP-CERTIFIED INDIVIDUAL
A person who is properly certified under the responsible
alcohol management provisions of the liquor code, 47 P.S. §§ 1-10110-1001.
WINE
Liquor which is fermented from grapes and other fruits, having
alcoholic content of 24% or less. The term "wine" shall not include
any products containing alcohol derived from malt, grain, cereal,
molasses, or cactus.
It shall be unlawful within the Borough of Shippensburg for
any person at any time to have in such person's possession or in a
vehicle under such person's control any open container containing
liquor or malt or brewed beverages upon any public street, public
municipal parking lot, private parking lot open to public use, or
public park.
Any person who shall violate the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of up to
$300 and costs of prosecution, and in default of payment of such fine
and costs, to undergo imprisonment for not more than five days.