[HISTORY: Adopted by the Borough Council
of the Borough of Shippensburg 8-20-2019 by Ord. No. 937[1], approved 8-20-2019. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 66,
Alcoholic Beverages: Open Containers, adopted 2-20-1979 by Ord. No.
485, approved 2-20-1979.
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.
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.
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.
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.
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.
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.
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.
A person who is properly certified under the responsible
alcohol management provisions of the liquor code, 47 P.S. §§ 1-10110-1001.
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.
A.
It shall be unlawful within the Borough of Shippensburg for any person
to drink liquor, wine, or malt or brewed beverages upon any public
street, public municipal parking lot, private parking lot open to
public use, or public park, or in any vehicle being operated or parked
thereon, except in accordance with the provisions of this chapter.
B.
Exceptions.
(1)
The provisions of this chapter shall not apply to any facility or
establishment licensed to serve or to dispense alcoholic beverages
by the Pennsylvania Liquor Control Board or other body pursuant to
the laws of the Commonwealth of Pennsylvania and persons who are patrons
of any such facilities or establishments, provided that the patrons
remain within the confines of said facilities or establishments with
alcoholic beverages.
(2)
Designated dates or special events. The provisions of this chapter
shall not apply to designated dates or special events provided all
the following conditions are met:
(a)
The designated dates or special event has been authorized by
the Borough Council by resolution.
(b)
Public consumption of alcoholic beverages and possession of
open containers are only permitted between the hours of 3:00 p.m.
and 9:00 p.m., unless otherwise approved by Borough Council by resolution.
[Amended 12-30-2021 by Ord. No. 956, approved 12-30-2021]
(c)
Only beverages that are 15% or less alcohol by volume (ABV)
may be publicly consumed or served in an open container.
(d)
Each person publicly consuming alcohol or possessing an open
container must be of legal drinking age pursuant to Pennsylvania law.
(e)
Open containers are limited to 16 oz. or less containers that
are non-breakable and not the original container.
(f)
Each person may only have one beverage in their possession at
any given time.
(g)
No person may enter an establishment with an open container
in their possession without permission of the proprietor.
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.
