[Ord. No. 2020-7, 12/9/2020[1]]
The Board of Supervisors of Kingston Township, Pennsylvania,
hereby declares that the purpose of this Part is to regulate the operation
of bottle clubs as defined herein, in order to preserve the character
of neighborhoods, to protect the rights of residents to the quiet
enjoyment of their property, and to protect the health, welfare and
safety of the residents of Kingston Township.
[1]
Editor's Note: This ordinance repealed former Part 6, Bottle
Clubs, adopted by Ord. No. 10-2006, 10/11/2006, §§ 1
through 8.
[Ord. No. 2020-7, 12/9/2020]
The following words or phrases, as the same are used herein
or as the same appear in the context hereof, unless the context clearly
indicates otherwise, shall have the meanings ascribed to them in this
Part:
Any and all beverages, including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq.
Referred to herein as a "BYOB club" and the same means any
place of assembly or any other use defined in this Part, other than
a residential dwelling, including but not limited to a tavern, a club,
a restaurant, a social building, or an open field, that is not licensed
by the Pennsylvania Liquor Control Board, and in which alcoholic beverages
are not legally sold, but where alcoholic beverages either are provided
by the operator or agents or employees of the operator for use and
consumption on the premises, or are brought into or kept at the premises
by patrons or persons assembling there for use and consumption on
the premises.
Any organization as set forth in Section 6 of the act of
December 19, 1990 (P.L. 1200, No. 202), known as "The Solicitation
of Funds for Charitable Purposes Act."[1]
Any individual, corporation, nonprofit corporation, partnership,
limited liability company, association, trust, unincorporated organization,
unincorporated nonprofit association, or other legal entity or organization.
A single or multifamily dwelling, including, but not limited
to, condominium units, apartments, and mobile homes.
A building, room or rooms where food is prepared and served
to the public and for consumption within the enclosed structure; and
where such preparation and service is the primary purpose of the establishment.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
[Ord. No. 2020-7, 12/9/2020]
1.
It shall be unlawful for any person owning, operating, leasing, managing,
or controlling a BYOB club to:
A.
Remain open and/or transact any business on or in the BYOB club premises
without possessing and prominently displaying on or in the BYOB club
premises a valid BYOB club permit issued in accordance with the provisions
of this Part.
B.
Permit any person to consume an alcoholic beverage on or in the BYOB
club premises between the hours of 12:00 midnight and 8:00 a.m., prevailing
time.
C.
Permit any person under the age of 21 to consume an alcoholic beverage
on or in the BYOB club premises.
D.
Permit any person showing visible signs of intoxication to consume
an alcoholic beverage on or in the BYOB club premises.
E.
Permit any employee of the BYOB club under the age of 18 to handle
an alcoholic beverage on or in the BYOB club premises.
F.
Remain open and/or transact any business on or in the BYOB club premises
between the hours of 12:00 midnight and 8:00 a.m., prevailing time.
This provision shall not apply to any restaurant or charitable organization
during its normal and customary hours of operation.
G.
Permit any patron to be present on or in the BYOB club premises between
the hours of 12:15 a.m. and 8:00 a.m., prevailing time. This provision
shall not apply to any restaurant or charitable organization during
its normal and customary hours of operation.
H.
Location.
(1)
Locate the BYOB club within 1,000 feet of any of the following:
(a)
A residential dwelling.
(b)
A place of worship or other actual place of regularly stated
religious worship established prior to the BYOB club.
(c)
A public or quasi-public use or structure.
(d)
A school.
(e)
A public playground or a public park.
(f)
A child-care facility.
(g)
A zoning boundary of any zoning district in which residences
are permitted as a principal permitted use.
(h)
Another BYOB club, an adult bookstore, an adult entertainment
establishment, or a massage parlor.
(2)
Measurements of the required distance shall be made in a straight
line, from the nearest portion of the structure or premises of a BYOB
club, to the nearest property line of the above-noted uses or district.
(3)
This provision [§ 605(1)H] shall not apply to any
restaurant or charitable organization.
2.
The Kingston Township Police Department and the Kingston Township
Code Enforcement Officer are hereby authorized and directed to enforce
the terms of this Part.
[Ord. No. 2020-7, 12/9/2020]
1.
A BYOB club shall at all times:
A.
Prominently display on or in the BYOB club premises the hours of
operation of the BYOB club such that patrons thereof are sufficiently
apprised of the same.
B.
Obtain and carry broad-form general liability insurance coverage,
minimum $1,000,000 limit per occurrence; current proof of which shall
be filed with the Kingston Township Code Enforcement Officer.
C.
Possess a valid certificate of occupancy issued by the Pennsylvania
Department of Labor and Industry and the Kingston Township Code Enforcement
Officer/Zoning Officer, and prominently display said certificate(s).
D.
Obtain an annual fire inspection of the premises by the Kingston
Township Code Enforcement Officer.
E.
Comply with all applicable ordinances, laws, rules, regulations,
orders and requirements of Kingston Township and the Commonwealth
of Pennsylvania.
2.
No person who possesses an equity and/or financial interest in the
BYOB club, nor any employee of the BYOB club, shall be visibly intoxicated
on or in the BYOB club premises.
[Ord. No. 2020-7, 12/9/2020]
1.
Any person desiring to operate or continue to operate a BYOB club
shall file with the Kingston Township Code Enforcement Officer an
application for a BYOB club permit. The application shall include
the following information:
A.
The name, address, telephone number and email address of the applicant(s).
B.
The name of the BYOB club and the address of the BYOB club premises.
C.
The name, address, telephone number and email address of the owner(s)
of the BYOB club premises, if other than the applicant(s).
D.
A statement of the nature of the ownership of the BYOB club (i.e.,
corporation, nonprofit corporation, partnership, or other legal entity
or organization).
E.
The name, address, telephone number and email address of every person
possessing an equity and/or financial interest in the BYOB club.
F.
A notarized statement that the BYOB club complies or will comply
with each of the provisions and requirements of §§ 605(1)H
and 606(1) of this Part.
G.
Any additional information or documents the Kingston Township Code
Enforcement Officer might require to determine whether the BYOB club
fully and completely complies with each of the provisions and requirements
of this Part.
2.
The Kingston Township Code Enforcement Officer shall determine whether
the BYOB club fully and completely complies with the provisions and
requirements of this Part within 30 days following the date on which
the completed BYOB club application is received. If the Township Code
Enforcement Officer determines that the applicant fully and completely
complies with the provisions hereof, he shall issue a BYOB club permit.
If the Township Code Enforcement Officer determines that the applicant
does not fully and completely comply with the provisions hereof, he
shall deny the issuance of a BYOB club permit and shall provide written
evidence of the same to the applicant together with the reason(s)
for the denial.
3.
A BYOB club permit shall be effective for a period of one year from
the date of issue set forth in the permit by the Kingston Township
Code Enforcement Officer. The BYOB club shall pay an administrative
fee of $250 for a BYOB club permit and $100 for each renewal thereof.
4.
A temporary BYOB club permit shall be effective for a period of up
to 72 consecutive hours, beginning and ending on the date(s) and/or
hour(s) set forth in the temporary permit by the Kingston Township
Code Enforcement Officer. The BYOB club shall pay an administrative
fee of $25 for each temporary BYOB club permit.
5.
Upon request of an applicant that is a charitable organization, the
administrative fee for a temporary BYOB club permit shall be waived
if the applicant states in the application the specific reason for
the request, and provides satisfactory documentary evidence that the
charitable organization has no employees.
[Ord. No. 2020-7, 12/9/2020]
1.
If the BYOB club fails to fully and completely comply with any provision
or requirement of this Part, or with any applicable provision of the
Kingston Township Code, or with any applicable law, rule, regulation
or order of the Commonwealth of Pennsylvania, then the Township Code
Enforcement Officer shall have the authority to revoke the BYOB club
permit for such failure to comply.
2.
A BYOB club permit shall not be transferred; a BYOB club permit shall
terminate automatically as of the date of any purported transfer.
3.
In the event a BYOB club permit is revoked, then, for a period of
six months after the date of revocation, the Kingston Township Code
Enforcement Officer shall deny the issuance of a BYOB club permit
to any applicant whose application includes among the names and addresses
of any and all persons who possess an equity and/or financial interest
in the BYOB club, the name of any person included in the application
for the revoked BYOB club permit, or the name of any officer, agent,
or principal of any such person.
[Ord. No. 2020-7, 12/9/2020]
Persons to whom a BYOB club permit has been issued shall be
liable and shall indemnify Kingston Township for loss, damage, injury
or expense sustained by the Township, arising out of any claim or
cause of action instituted or commenced by any person arising out
of the issuance of such permit or as a direct result of the operation
of the BYOB club.
[Ord. No. 2020-7, 12/9/2020]
1.
The provisions of this Part shall not apply to any religious service
or ceremony which may be conducted in a place of worship where the
amount of any alcoholic beverage served does not exceed the amount
reasonably, customarily and traditionally required as an integral
part of the service or ceremony.
2.
A place of assembly not otherwise a BYOB club, which is rented for
a limited period of time not to exceed 13 hours per rental and one
rental per calendar day, and not for any time between the hours of
12:00 midnight and 11:00 a.m., by an individual or an organization
for the purpose of a private party in which all beverages are carried
onto the premises, shall not be considered a "BYOB club" under the
terms of this Part.
1.
Any person violating any provision of § 605 of this Part
shall, upon conviction thereof, be subject to a civil fine not exceeding
$500 for each day of each offense thereunder, plus all court costs,
including reasonable attorney fees incurred by Kingston Township as
a result thereof. Upon the conviction of any such person, the Kingston
Township Code Enforcement Officer shall revoke the BYOB club permit
under which such person owns, operates, leases, manages, or controls
a BYOB club.
2.
The unlawful activities specified herein shall constitute separate
and distinct offenses each and every day in which said activities
are conducted.
3.
In the event any one of the unlawful activities specified herein
is conducted by or in the name of an entity such as a corporation,
nonprofit corporation, partnership, limited liability company, association,
trust, unincorporated organization, unincorporated nonprofit association,
or other legal entity or organization, then in addition to the liability
of the entity, the officers, agents, principals and/or partners of
the entity shall be deemed in violation of this Part, as well as any
person actually engaged in the unlawful activity.
[Ord. No. 2020-7, 12/9/2020]
The provisions of the Township Code of Ordinances, so far as
they are the same as those ordinances and regulations in force immediately
prior to the adoption of this Part, are intended as a continuation
of such ordinances and regulations and not as a new enactment. The
provisions of this Part shall not affect any suit or prosecution pending
or to be instituted to enforce any of the prior ordinances or regulations
except as otherwise provided by law.
[Ord. No. 2020-7, 12/9/2020]
It is hereby declared to be the intention of the Board of Supervisors
that the chapters, parts, sections, paragraphs, sentences, clauses
and phrases of this Part are severable. If any section, paragraph,
sentence, clause or phrase of this Part is declared unconstitutional,
illegal or otherwise invalid by the judgment or decree of a court
of competent jurisdiction, that invalidity shall not affect any of
the remaining chapters, parts, sections, paragraphs, sentences, clauses
or phrases of this codification.
