[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg 8-23-1978 by Ord. No. 78-23.
Amendments noted where applicable.]
B.
BYOB OPERATION
OPEN
The following words or phrases, unless the context
clearly indicates otherwise, shall have the meaning ascribed to them
in this section:
Any business facility, such as a dance hall, club, restaurant,
meeting room or association, not licensed by the Pennsylvania Liquor
Control Board, wherein patrons 21 years of age and older may, after
payment of any entry fee, cover charge or membership fee, or associated
with the purchase of nonalcoholic beverages or food, consume alcoholic
beverages which said patrons have carried onto the premises; also
commonly referred to as a "bring your own bottle" operation.
[Added 2-25-2013 by Ord. No. 2013-02]
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.
[Amended 11-17-2008 by Ord. No. 2008-14; 10-14-2019 by Ord. No. 2019-11]
Except as provided in § 92-3 of this chapter, it shall be unlawful, within the Borough of Chambersburg, for any person to do any of the following:
A.
Drink liquor 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;
B.
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.
[Amended 11-17-2008 by Ord. No. 2008-14; 10-14-2019 by Ord. No. 2019-11]
A.
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, or to 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.
B.
Nothing in this chapter shall be construed to prohibit the retail sale of closed containers of alcoholic beverages or the offering of samples in conjunction therewith, provided the seller has obtained all required licenses under the Pennsylvania Liquor Code, 47 P.S. §§ 1-101 through 10-1001, and complies with all relevant provisions thereof, and provided the seller complies with all relevant provisions of Chapter 254, Article III of the Code of the Borough of Chambersburg, entitled "Public Vending."
C.
Special Events. The provisions of this chapter shall not apply to
special events for which a special event permit is properly issued
in accordance with the following:
(1)
Events on private property. If any person desires to possess, distribute,
or consume open containers of alcoholic beverages outdoors but on
private property open to the public in the Borough of Chambersburg,
said person must apply to the Borough Manager, or his duly authorized
representative, for a permit therefor not less than 10 days prior
to the date of the scheduled event for which the permit is requested.
No fee shall be charged for said permit; however, a permit shall be
issued only upon the following conditions:
(a)
Such person must agree, in writing, to assume full responsibility
for supervision of the event and the conduct of the group or individuals
benefiting from such permit and to properly clean up and restore the
premises, after use, to its prior condition.
(b)
Each person publicly consuming alcohol or possessing an open
container must be of legal drinking age pursuant to Pennsylvania law.
(c)
Open containers of alcoholic beverages may only be served or
distributed by an individual or entity with a valid brewery, catering,
restaurant, or winery license in the commonwealth.
(d)
Distribution, consumption, and possession of open containers
of alcoholic beverages shall only occur within the geographic bounds
of, and only within the approved time frame of, the special event
permit.
(e)
No permit shall be issued to any person who has failed on a
previous occasion to comply with the conditions of a special event
permit for 36 months after said failure.
(f)
No permit may be issued for a period in excess of four consecutive
days, nor may multiple permits be issued for more than a total of
12 special events in any calendar year.
(g)
If there is any charge or donation for admission to the event
or purchase of any merchandise, food or drink, then, before a permit
will be issued, the applicant must submit proof that he obtained a
special occasion permit from the Pennsylvania Liquor Control Board.
(2)
Events on public property. If any person desires to possess, distribute,
or consume alcoholic beverages on public property in the Borough of
Chambersburg upon which the Borough may, in its discretion, permit
the possession, distribution, or consumption of alcoholic beverages,
said person must apply to the Borough Manager, or his duly authorized
representative, for a permit therefor not less than 10 days prior
to the date of the scheduled event for which the permit is requested.
No permit shall be issued prior to the applicant attending an in-person
meeting with a Borough designee and a representative of the Borough
Police Department for the purpose of discussing event specifications,
alcohol, and security requirements. A fee in an amount established
by resolution from time to time shall be charged for said permit,
which shall be issued only upon the following conditions:
(a)
Each person publicly consuming alcohol or possessing an open
container must be of legal drinking age pursuant to Pennsylvania law.
(b)
Distribution, consumption, and possession of open containers
of alcoholic beverages shall only occur within the geographic bounds
of, and only within the approved time frame of, the special event
permit.
(c)
Open containers of alcoholic beverages may only be served or
distributed by an individual or entity with a valid brewery, catering,
restaurant, or winery license in the commonwealth.
(d)
No permit shall be issued to any person who has failed on a
previous occasion to comply with the conditions of a special event
permit for 36 months after said failure.
(e)
Only beverages that are 15% or less alcohol by volume (ABV)
may be publicly consumed or served in an open container.
(f)
No person may consume more than one alcoholic beverage at a
time.
(g)
Open containers shall be limited to a volume of 16 ounces or
less.
(h)
Open containers shall be nonbreakable and shall not be the original
container.
(i)
This exception shall only apply between the hours 12:00 noon
and 8:00 p.m.
(j)
No person may enter an establishment with an open container
in their possession without permission of the proprietor.
(k)
If there is any charge or donation for admission to the event
or purchase of any merchandise, food or drink, then before a permit
will be issued the applicant must submit proof that he obtained a
special occasion permit from the Pennsylvania Liquor Control Board.
[Added 2-25-2013 by Ord. No. 2013-02[1]]
BYOB operations, as herein defined, shall be permitted in the
Borough of Chambersburg subject to the following conditions:
A.
Any person or entity who/which desires to engage in a BYOB operation
must apply to the Borough of Chambersburg for a BYOB operation permit
pursuant to policies promulgated and fees established by Borough Council
from time to time, and administered by the Borough Secretary. The
permit shall be prominently displayed at or near the main entrance
to the facility in which the BYOB operation is to occur;
B.
The BYOB operation shall obtain and keep in force broad-form general
liability insurance coverage, proof of which shall be filed with the
Borough Secretary;
C.
A BYOB operation must be in compliance with all applicable Borough
codes, including but not limited to the Borough Health Code, the Pennsylvania
Uniform Construction Code as administered by the Borough, the Borough
Property Maintenance Code and the Borough Zoning Code;
D.
Any facility in which or property on which a BYOB operation is to
take place must obtain and display a Borough retail food facility
license; and
E.
All BYOB operations must post the BYOB operation permit at or near
the main entrance of any facility in which or property on which a
BYOB operation is taking place, fully visible to patrons from outside
the facility.
[Added 2-25-2013 by Ord. No. 2013-02]
A.
No alcohol may be consumed in the permitted premises between the
hours of 11:00 p.m. and 11:00 a.m. The facility owners, event organizers,
facilities managers as well as offending patrons may be prosecuted
for violation of this provision.
B.
Entertainers are prohibited from coming into contact with any patron
while performing. Entertainers on the interior of the premises shall
not be visible from outside the premises.
C.
Gambling, lotteries and gambling devices are prohibited on the premises.
D.
Alcoholic beverages may not be consumed by persons under 21 years
old.
E.
The consumption of alcoholic beverages on the premises by visibly
intoxicated persons shall be prohibited.
F.
Business owners and employees shall not be visibly intoxicated on
the premises.
G.
Alcoholic beverages shall not be offered as a prize for any activity
conducted on the premises.
[Added 2-25-2013 by Ord. No. 2013-02]
A.
BYOB Permits shall be effective for a period of one year from January
1 to December 31.
B.
In the event the BYOB operation fails to fully and completely comply with the provisions hereof or is convicted of any unlawful activities as defined in §§ 92-4 and 92-5 during the term of the BYOB permit so issued, the Police Department shall have the authority to revoke the BYOB Permit for a minimum of six months.
[Amended 2-25-2013 by Ord. No. 2013-02; 10-14-2019 by Ord. No. 2019-11]
A.
Any person or entity who shall violate any provision of this chapter
shall, upon conviction in a summary proceeding, be sentenced to pay
a fine of not less than $100 nor more than $600 plus costs of prosecution
and, in default of payment of the same, to undergo imprisonment for
not more than 30 days.
B.
Enforcement shall be by the Chambersburg Borough Police Department
and/or the Code Enforcement Officer.
