Borough of Blawnox, PA Chapter 154 Alcoholic Beverages

[HISTORY: Adopted by the Mayor and Council of the Borough of Blawnox as indicated in article histories. Amendments noted where applicable.]

Article I Consumption on Licensed Premises After Closing Hours

[Adopted 11-19-1979 by Ord. No. 395]

§ 154-1 Enforcement.

The Police Department and the Mayor of the Borough of Blawnox shall be charged with the duty of enforcement of this article.

§ 154-2 Presumption of time of sale.

From and after the effective date of this article, there shall be a presumption in all instances within the Borough of Blawnox where alcoholic beverages are found unconsumed but in the possession or control of any customer, patron or any person other than the proprietor or licensee of any establishment permitted to dispense liquor or malt beverages under the laws of the Commonwealth of Pennsylvania at a time more than 1/2 hour after the time permitted for sales of such beverages by the regulations of the Pennsylvania Liquor Control Board, or the laws of the Commonwealth of Pennsylvania, that such beverages shall have been sold by the proprietor or licensee of such establishment after the time permitted for sales of alcoholic beverages by the aforesaid regulations or laws. Such presumption of the time of sale shall apply in all prosecutions for violations of regulations of the Pennsylvania Liquor Control Board and the laws of the Commonwealth of Pennsylvania and ordinances of the Borough of Blawnox.

§ 154-3 Entering establishments after closing hours.

From and after the effective date of this article, it shall be unlawful for any person to enter or remain on the premises of any establishment permitted by law to dispense alcoholic beverages for the purpose of consuming alcoholic beverages in or about such premises at a time more than 1/2 hour after the latest time when sales of alcoholic beverages are legally permitted for such establishment.

§ 154-4 Effective date.

This article shall become effective December 1, 1979.

§ 154-5 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.

Article II Public Consumption and Possession

[Adopted 11-19-1979 by Ord. No. 396]

§ 154-6 Open containers and consumption in public places prohibited.

No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverages in open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreation area, or other public property, or in any vehicle upon such area, within the Borough of Blawnox. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Borough of Blawnox.

§ 154-7 Discarding containers.

No person shall discard alcoholic or other beverage containers upon any public sidewalk, street, lane, highway, parking lot, park or recreation area, or other public property within the Borough of Blawnox without expressed permission of the Borough Council.

§ 154-8 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.

§ 154-9 Severability.

Should any section or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect or impair the validity of this article as a whole or any part thereof other than the particular provision so declared to be unconstitutional or invalid.

§ 154-10 Effective date.

This article shall become effective December 1, 1979.

§ 154-11 Repealer.

All ordinances or parts of ordinances inconsistent with this article are repealed insofar as their inconsistency with the terms of this article.