[Adopted 3-29-2021 by Ord. No. 874-21]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
As defined in the Liquor Code[1] of the Commonwealth of Pennsylvania (i.e., liquor, wine, malt, and brewed beverages).
BOROUGH-OWNED PROPERTY
Any park, playground, ball field, recreation areas, commons, or parking lots owned and maintained by the Borough of Zelienople.
OPEN CONTAINER
Any container from which consumption of an alcoholic beverage is occurring.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
It shall be unlawful for any person to drink, sell or distribute an alcoholic beverage upon any Borough-owned property 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 Borough-owned property.
A. 
Exceptions:
(1) 
Events on public property.
(2) 
If any person desires to possess, distribute, sell or consume alcoholic beverages on Borough-owned property upon which the Borough may, in its discretion, permit the possession, distribution, or consumption of alcoholic beverages, said person must apply to the Chief of Police, for a permit therefor not less than 10 days' prior to the date of the scheduled event for which the permit is requested. No permit shall be issued prior to applicant attending an in-person meeting with the Chief of Police and Borough Manager for the purpose of discussing event specifications, alcohol, and security requirements. A fee in an amount established by resolution from time to time may be charged for said permit, which shall be issued only upon the following conditions:
(a) 
Each person publicly consuming alcohol or possessing an open container must be of legal drinking age pursuant to Pennsylvania law.
(b) 
Distribution, consumption, and possession of open containers of alcoholic beverages shall only occur within the geographic bounds of, and only within the approved time frame of, the special event permit.
(c) 
Open containers of alcoholic beverages may only be served or distributed by an individual or entity with a valid brewery, catering, restaurant, or winery license in the commonwealth.
(d) 
No permit shall be issued to any person who has failed on a previous occasion to comply with the conditions of a special event permit for 36 months after said failure.
(e) 
Only beverages that are 15% or less alcohol by volume (ABV) may be publicly consumed or served in an open container.
(f) 
No person may consume more than one alcoholic beverage at a time.
(g) 
Open containers shall be limited to a volume of 16 ounces or less.
(h) 
This exception shall only apply between the hours of 12:00 noon and 10:00 p.m.
(i) 
If there is any charge or donation for admission to the event or purchase of any merchandise, food or drink, then before a permit will be issued the applicant must submit proof that he obtained a special occasion permit from the Pennsylvania Liquor Control Board.
B. 
The provisions in this article shall not apply to any facility or establishment licensed to serve or to dispense alcoholic beverages by the Pennsylvania Liquor Control Board, or other body pursuant to the laws of the Commonwealth of Pennsylvania, or to persons who are patrons of any such facilities or establishments, provided that the patrons remain within the confines of said facilities or establishments.
C. 
Nothing in this article shall be construed to prohibit the retail sale of closed containers of alcoholic beverages or the offering of samples in conjunction therewith, provided the seller has obtained all required licenses under the Pennsylvania Liquor Code, 47 P.S. §§ 1-101 through 10-1001.
Any person who shall violate the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of $50 plus the costs of prosecution, or in default of payment of same, to undergo imprisonment for five days for the first offense; $100 plus the costs of prosecution, or in default of payment, imprisonment for 10 days for the second offense; and $300 plus the costs of prosecution, or in default of payment, imprisonment for 90 days for the third offense and any offense thereafter.
If any provision or part of this article 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 article. It is hereby declared as the intent of Borough Council that this article would have been adopted had such unconstitutional, illegal, or invalid provision or part not included herein.