[Ord. 30-2020, passed 8-5-2020]
The purpose of this article and the resulting policy of the
City of Erie (hereinafter "City") shall be to protect and promote
the public health, safety and welfare of its residents and visitors,
to establish rights and obligations of owners and operators relating
to after-hours clubs, bottle clubs, and dance clubs in the City and
to encourage owners and operators to maintain and improve the quality
of their facilities within the City. As a means to these ends, this
article provides for a systematic inspection program, registration
and licensing of such facilities and penalties.
[Ord. 30-2020, passed 8-5-2020]
As used in this article, the following terms shall have the
meanings indicated:
Any premises which is open to public gathering on a regular
or continuing basis or to which the public is admitted upon payment
of an admission fee or charge of any kind, which is open after midnight,
which may or may not serve food and beverages, and which is not licensed
for the sale of alcoholic beverages.
An establishment operated for profit or pecuniary gain in
which alcoholic liquors, alcohol or malt or brewed beverages are not
legally sold but where alcoholic liquors, alcohol or malt or brewed
beverages are either provided by the operator or agents or employees
of the operator for consumption on the premises or are brought into
or kept at the establishment by the patrons or persons assembling
there for use and consumption. The term shall not include a licensee
under the Liquor Code. The permissibility of a use of land involving
to any extent a bottle club shall be determined according to the principal
intended use.
Any premises open to public dancing on a regular or continuing
basis or to which the public is admitted upon payment of an admission
fee or charge of any kind, which may or may not serve food and beverages,
and which is not licensed for the sale of alcoholic beverages. This
includes but is not limited to dance halls.
[Ord. 30-2020, passed 8-5-2020]
From and after September 1, 2020, it is unlawful for any person
to operate any after-hours club, bottle club, or dance club without
first obtaining a license and paying all fees as required by this
article, and complying with all other applicable provisions of this
Code.
[Ord. 30-2020, passed 8-5-2020]
(a)
The applicant for an after-hours club, bottle club, or dance club
license shall submit a verified application to the City on forms provided
by the City, together with the fee provided for in this article.
(b)
In addition to any other information which may be requested on the
application, the applicant shall provide:
(1)
The name and address of the owner and the name and address of
the operator;
(2)
The location and address of the facility, including the street
and number for each entrance;
(3)
A copy of the lease or other evidence of the applicant's
right to possession of the premises;
(4)
Verification that the use proposed for the premises would comply
with the zoning for the location of the premises;
(5)
Complete plans and specifications for the interior of the premises
to be licensed;
(6)
The maximum number of occupants permitted in the facility seeking
the license subject to the limitations of the UCC and all applicable
building codes;
(7)
Verification that all structures on the premises comply with
the UCC and all applicable building codes;
(8)
A completed application for the registration of each manager,
at least one of whom shall be on the premises at all times the licensed
establishment is open for business;
(9)
The proposed hours of operation which shall not be disruptive
to the surrounding neighborhood; and
(10)
Such other information as the City may require.
[Ord. 30-2020, passed 8-5-2020]
The fee schedule under this article shall be:
[Ord. 30-2020, passed 8-5-2020]
Upon payment of the required fees, the applicant shall schedule
an inspection with the City's Building Code Official, Building
Inspector, and Fire Inspector. Any structure found not in compliance
with the provisions of this article or the UCC shall not receive a
license and shall not be permitted to operate until it is compliant.
A Building Code Official shall approve or reject applications, in
whole or in part, within 15 business days of the filing date. Reasons
for rejection shall be in writing and sent to the applicant.
[Ord. 30-2020, passed 8-5-2020]
An applicant may request extensions of time or variances or
appeal a Building Code Official's rejection to the Board of Appeals
under City of Erie Ordinance, § 1503.62, Part 15 (relating
to appeals, variances and extensions of time).
[Ord. 30-2020, passed 8-5-2020]
(a)
The applicant or licensee shall submit a verified manager's
registration application to the City Clerk, together with the fee
required in this article, for each person who will serve as a manager
for the licensed premises.
(b)
No person shall serve as, and no licensee shall permit any person
to serve as, a manager of an establishment licensed under this article,
unless the person has first applied for and been registered as required
by this section.
(c)
No licensee shall fail to have a registered on-premises manager to
manage the licensed establishment, at all times while it is open for
business.
(d)
No person shall be permitted to serve as a manager unless the person
is at least 21 years of age.
(e)
No person shall be permitted to serve as a manager if the person
has been found to have violated the provisions of this article within
the preceding five years while serving as a manager of an after-hours
club, bottle club, or dance club in the City of Erie.
[Ord. 30-2020, passed 8-5-2020]
Upon receipt of a complete application (including payment of
required fees and submission of a completed building inspection report),
the City shall schedule a special-exception hearing on the application
before the City of Erie Zoning Hearing Board, which hearing shall
be held in accordance with its rules and regulations. Upon approval
from the Zoning Hearing Board, the City shall issue the license.
[Ord. 30-2020, passed 8-5-2020]
No license issued under this article shall be transferred or
assigned.
[Ord. 30-2020, passed 8-5-2020]
A license issued pursuant to this article shall expire at the
end of December 31 of the calendar year in which it was issued unless
sooner suspended or revoked. The license may be renewed annually upon
application and payment of all fees.
[Ord. 30-2020, passed 8-5-2020]
(a)
The City may, after notice to the applicant, deny renewal of, suspend,
or revoke any license upon finding any of the following:
(1)
That repeated disturbances have occurred within the licensed
establishment or upon any parking areas, sidewalks, walkways, accessways
or grounds adjacent to or used by patrons of the licensed premises
involving the licensee, its patrons, or its employees. For the purpose
of this section, "repeated disturbances" shall mean more than one
report of a disturbance to the Police Department within any two-month
time period;
(2)
That the licensee or any employee thereof has offered for sale,
has distributed, or has allowed to be sold, distributed or consumed
upon the licensed premises, or upon any parking areas, sidewalks,
walkways, accessways or grounds immediately adjacent to the licensed
premises, any illegal drugs;
(3)
That the licensee has failed to have at least one manager on
the premises at all times that the licensed establishment is open
to the public;
(4)
That the licensee or any employee thereof has permitted the
unauthorized consumption of any alcoholic beverage upon the licensed
premises, or upon any parking areas, sidewalks, walkways, accessways
or grounds immediately adjacent to the establishment; or
(5)
That the licensee has permitted the licensed establishment to
be operated in such a way as to violate any provision of this Code
or any conditions imposed by the Zoning Hearing Board.
(b)
The City shall, within 10 days of the determination of a violation,
issue its written decision regarding suspension, revocation, or nonrenewal.
[Ord. 30-2020, passed 8-5-2020]
(a)
At least 30 days prior to the commencement of expansion, remodeling,
or other change in the nature of the licensed premises, the licensee
shall submit an application for change in the nature of the business
to the City on forms provided by the City.
(b)
The application shall be reviewed by the Director of Public Works
who shall determine whether the proposed change in the nature of the
business is significant. A change shall be deemed to be significant
if, in the judgment of the Director, it would result in an increase
or decrease in the total size or capacity of the licensed premises;
result in the sealing off, creation of or relocation of a common entryway,
doorway, or passage or other means of public ingress or egress; or
affect the basic character of the premises or the physical structure
that existed in the plan on file with the latest prior application.
A change shall not be determined significant if it consists of painting
and redecorating the premises; the installation or replacement of
electric fixtures or equipment, plumbing, refrigeration, air conditioning
or heating fixtures and equipment; the lowering of ceilings; the installation
and replacement of floor coverings; the replacement of furniture and
equipment; or other similar changes.
(c)
After investigation, the Director of Public Works may approve the
proposed change or, if the change is determined to be a significant
change, the Director may require a special-exception hearing before
the City's Zoning Hearing Board regarding the proposed change.
Posting, publication, notice and fee requirements shall be the same
as are required for a hearing on an original application.
(d)
Criteria for approval shall be as for an original application.
[Ord. 30-2020, passed 8-5-2020]
(a)
No person under the age of 18 years shall be on the premises of an
after-hours club, bottle club or dance club, and no licensee under
this article, or manager or employee of a licensee, shall permit any
person under the age of 18 years to be on the premises.
(b)
No licensee under this article, and no manager or employee of a licensee,
shall permit the maximum occupancy of the premises, as determined
pursuant to this Code, to be exceeded.
(c)
No licensee shall fail to have posted on the licensed premises, in
a place open to the view of the occupants thereof, a sign stating
the maximum occupancy of the premises.
[Ord. 30-2020, passed 8-5-2020]
The provisions of this article are declared to be severable;
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article but they shall remain in effect,
it being the legislative intent that this article shall stand, notwithstanding
the invalidity of any part.
[Ord. 30-2020, passed 8-5-2020]
Any person violating this article shall be fined no more than
$300. Each day's continued violation shall constitute a separate
offense. In addition, the City, through its Solicitor, may institute
injunction, mandamus, or other appropriate action or proceeding at
law in equity for the enforcement of this article.
