[HISTORY: Adopted by the City Council of the City of Shamokin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-1982 by Ord. No. 281 (Ch. 33, Art. I, of the 1967 Code)]
This article shall be known and cited as "A Certain Ordinance
of the City of Shamokin Promoting Public Peace, Order, Safety and
Health by the Regulating of the Possession and Drinking of Alcoholic
Beverages in Certain Public and Private Areas of the City."
A.
For the purposes of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The use
of the masculine pronoun shall include the feminine. The word "shall"
is always mandatory and not merely directive.
B.
ALCOHOLIC BEVERAGES
CITY
CONTAINER
PERSON
SEALED CONTAINER
As used in this ordinance, the following terms shall have the meanings
indicated:
Includes any alcoholic, spirituous, vinous, fermented or
other alcoholic beverage or combination of liquors and mixed liquors,
a part of which is spirituous, vinous, fermented or otherwise alcoholic,
including all drinks or drinkable liquids, preparations or mixtures,
beer, lager beer, ale, porter or similar fermented malt beverages
containing 1/2 of 1% or more of alcohol by volume, by whatever name
such beverage may be called.
The City of Shamokin.
Any receptacle, vessel or form of package, can, bottle or
conduit used or capable of use for holding alcoholic beverages.
Any individual under or above the age of 21 years.
All containers that have been securely sealed, capped or
corked by the manufacturer of said alcoholic beverage.
A.
No person on any street, in any park or on any public area or private
area which is not owned by said person, located within the City of
Shamokin, shall have in his possession alcoholic beverages in an open
or unsealed container for consumption, nor shall any person drink
alcoholic beverages at any time on any street, in any park or on any
public area or private area which is not owned by said person located
within the City of Shamokin.
B.
The above prohibition shall not be applicable to the possession of
alcoholic beverages in sealed containers.
C.
The above prohibition shall not be applicable to any person having
in his possession said alcoholic beverages in unsealed containers
for consumption obtained at a function, a permit for which has been
issued by the Pennsylvania Liquor Control Board, and said possession
is on said premises of the permittee.
Any person violating the provisions of this article shall, upon
conviction thereof before the Magisterial District Judge, be sentenced
to pay a fine of not less than $50 nor more than $300, restitution
for damages caused and costs of prosecution and, in default of payment
thereof, shall undergo imprisonment for not less than 10 days nor
more than 90 days for the first offense and a fine of not less than
$100 nor more than $500, restitution for damages caused and costs
of prosecution for second and subsequent offenses and, in default
of payment thereof, shall undergo imprisonment for not less than 15
days nor more than 90 days.
This article shall become effective August 1, 1982.
