[HISTORY: Adopted by the Borough Council
of the Borough of East Stroudsburg 4-5-1994 by Ord. No. 1012, approved
4-5-1994; amended in its entirety 6-18-2019 by Ord. No. 1351, approved
6-18-2019. Subsequent amendments noted where applicable.]
Unless the context otherwise requires, the following words or
phrases shall be construed according to the definitions set forth
below:
As defined in the Liquor Code of the Commonwealth of Pennsylvania[1] (i.e., liquor, wine, malt, and brewed beverages).
Any bottle, can or other vessel in which alcoholic beverages
are contained.
Any container from which consumption of an alcoholic beverage
is occurring or any container which has been perforated in the case
of a can or similar container or a container which the cap has been
removed; including resealed containers.
Any property owned or controlled by the Borough of East Stroudsburg
or any other government agency.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
It shall be unlawful for any person to drink an alcoholic beverage
upon any public access property within the Borough and it shall be
unlawful for any person to have in such person's possession, or in
a vehicle under such person's control, any open container containing
an alcoholic beverage upon any public access property in the Borough.
[Amended 8-17-2021 by Ord. No. 1383, approved 8-17-2021]
A.
Special event open container permits. The prohibition contained herein
shall not apply in the event of a fair, picnic, or other community
event or gathering sponsored by a nonprofit organization for which
prior special permission has been granted by the East Stroudsburg
Borough Council and a permit for open container has been issued and
subject to any limitations imposed by East Stroudsburg Borough Council
regarding the consumption of alcoholic beverages, the hours, and location
within the Borough which have been authorized to permit consumption
as an exception to this chapter.
(1)
The Borough of East Stroudsburg reserves the right to set times,
frequency and location limitations on any request for an exemption.
(2)
The Borough of East Stroudsburg shall be permitted to establish application
fees for special event permits by resolution.
(3)
The permitee shall be responsible for compliance with all conditions
imposed by East Stroudsburg Borough as a condition of the permit including
the filing of an application with requested information, the payment
of any imposed application fees and providing all security and refuse
cleanup for the event as directed by the Borough of East Stroudsburg.
Borough personnel shall not be utilized for any open container event.
(4)
This exemption shall also apply to all individuals purchasing alcoholic
beverages offered for sale and/or dispensed by the permitee only within
the designated areas for the permit.
(5)
The Borough of East Stroudsburg reserves the right to revoke, rescind
and/or cancel any permit granted for any violation of any law or condition
of the permit by a vote of Council at a public meeting.
(6)
A Pennsylvania Liquor Control Board special occasions permit must
be provided to the Borough prior to the event.
A security bond or deposit in the amount of $1,000 shall be
made payable to East Stroudsburg Borough prior to a permit being issued.
Certificate of insurance required; amount of coverage.
A.
Each person filing an application for an open container permit shall
provide to the Borough a certificate of insurance evidencing that
the applicant maintains insurance which will protect that person and
the Borough of East Stroudsburg from claims for damages for personal
injury, including accidental death, as well as claims for property
damages which may arise from the conduct of the open container event.
The amounts of insurance coverage shall be as follows:
(1)
Public liability insurance in an amount of not less than $1,000,000
for injuries, including accidental death, to any one person.
(2)
Property damage insurance in an amount of not less than $1,000,000.
(3)
The certificate of insurance shall name the Borough of East Stroudsburg
as an additional insured and shall be provided by an insurance company
authorized to do business in the Commonwealth of Pennsylvania.
B.
No open container permit will be issued prior to receipt of a certificate
of insurance that complies with this section, as accepted by the Borough.
Any police officer is hereby authorized to act on behalf of
the Borough.
If any provision or part of this chapter is for any reason found
to be unconstitutional, illegal, or invalid, such decision shall not
affect or impair the validity of any of the remaining provisions or
parts of this chapter. It is hereby declared as the intent of Borough
Council that this chapter would have been adopted had such unconstitutional,
illegal, or invalid provision or part not included herein.
A.
Whosoever violates any of the provisions of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of no more than $1,000,
plus costs of prosecution, or to be imprisoned for a period not to
exceed 30 days and in default of payment of such fine and cost, to
undergo imprisonment of not more than 90 days.
B.
Notice and payment of violation. Upon the discovery of any violation
under the terms of this chapter, the municipality shall, through its
authorized agents, give notice to the owner of a violation hereunder,
either by personal delivery to such owner, by United States mail directed
to the last known address of such person or persons, as shown in the
real estate registry records of the municipality, or by leaving the
same on the premises where such violation occurs.
C.
If such person shall, within seven days after the delivery, mailing
or leaving of such notice, pay to the Treasurer of the municipality
the sum of $75 for the violation, the same will constitute full satisfaction
for the violation noted in said notice. If two or more violations
are issued for the same property during a calendar year, the second
and subsequent violations' payment shall increase an additional $100
per subsequent violation to a maximum of $1,000. The failure of such
person to make payment, as aforesaid, within seven days, shall render
such owner subject to the penalties as provided hereinabove.
