[HISTORY: Adopted by the City Council of the City of Hazleton as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-19-2004 by Ord. No. 2004-15]
The following terms shall have the meaning indicated:
ALCOHOLIC BEVERAGES
As defined in the Liquor Code of the Commonwealth of Pennsylvania[1] (i.e., liquor, wine, malt and brewed beverages).
OPEN CONTAINERS
Any container from which consumption of an alcoholic beverage is occurring.
PUBLIC ACCESS PROPERTY
Any public street, alley, court, sidewalk, park, playground, ballfield, recreation areas, commons, or parking lots; or any private parking lots open to public use (regardless if the private parking lot establishment is open or closed for business).
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[Amended 4-10-2019 by Ord. No. 2019-2]
It shall be unlawful for any person to drink an alcoholic beverage upon any public access property within the City 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 City.
[Added 4-10-2019 by Ord. No. 2019-2]
A. 
The prohibition against drinking an alcoholic beverage or possessing any open container containing an alcoholic beverage upon any public access property in the City shall not apply during a City-sponsored event in certain designated areas and in accordance with Pennsylvania Liquor Control Board regulations.
B. 
Private parties and organizations may secure approval from the City to serve, sell, or otherwise dispense alcoholic beverages on property owned or leased by the City.
[Amended 4-26-2022 by Ord. No. 2022-5]
C. 
A fee as specified in the Fee Schedule, as adopted by resolution of the City Council, per event shall be payable at the time of application and the applicant must be a person or entity that would be eligible for a license to sell alcoholic beverages under Pennsylvania Law. The applicant must, in addition to providing identifying information, also provide written assurance that the permittee shall clean up the designated area after the event and shall operate in compliance with state and local laws. A deposit as specified in the Fee Schedule will be required and returned once the designated area is cleaned up to the satisfaction of the City. If the application is denied, the application fee and cleaning deposit shall be refunded.
[Amended 4-12-2022 by Ord. No. 2022-3]
D. 
Prior to the sale of alcoholic beverages in the designated area at the event, the permittee shall deliver to the City Administrator, or the City Administrator's designee, a true copy of the permittee's appropriate license from the Pennsylvania Liquor Control Board, and a general liability insurance policy in the amount of $1,000,000, evidencing the City as an additional insured. Permittee shall so execute and provide to the City a release and hold harmless agreement in connection with the event as a condition precedent to receiving a permit.
E. 
All permitted events must be concluded by 10:00 p.m., and the event area must be cleaned and returned to its normal operating condition by 7:00 a.m. the next day unless prior approval is granted during the application process. All security for any permitted event is to be provided and paid for by the permittee and must comply with all Liquor Control Board requirements and/or standards.
[Amended 4-26-2022 by Ord. No. 2022-5]
[Amended 9-19-2013 by Ord. No. 2013-19; 4-10-2019 by Ord. No. 2019-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates the provisions of this article, shall upon conviction thereof, be subject to the penalty in Chapter 1, Article II, Violations and Penalties, of the Code of the City of Hazleton.
[Amended 4-10-2019 by Ord. No. 2019-2]
Any police officer is hereby authorized to act on behalf of the City.