[HISTORY: Adopted by the City Council of the City of Farrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1979 by Ord. No. O-27-1979]
Unless the context otherwise requires, as used in this article, the following words or phrases shall be construed according to the definitions set forth below:
ALCOHOLIC BEVERAGES
Any spirits, wine, beer, ale or other liquid containing more than 1/2 of 1% of alcohol by volume which is fit for beverage consumption.
CONTAINER
Any bottle, can or other vessel in which alcoholic beverages are contained.
WRAPPER
Any box, carton, paper or other material enclosing a container.
No person shall consume any alcoholic beverage in any quantity upon any street, avenue, alley, sidewalk, stairway, thoroughfare or other public property within the City of Farrell, nor shall any person consume any alcoholic beverages within five feet of any public way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other party in lawful possession thereof.
No person shall possess any container of alcoholic beverage, whether wrapped or unwrapped, which has been opened or on which the seal has been broken in any manner on any public street, avenue, alley, thoroughfare or public property within the City of Farrell, nor shall any person possess any container of alcoholic beverage within five feet of any public way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other person in lawful possession thereof.
No person shall discard any alcoholic beverages, containers or wrappers upon or on any public street, avenue, alley, thoroughfare or other public property within the City of Farrell, nor shall any person discard any alcoholic beverage containers or wrappers within five feet of any public way or thoroughfare while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner, his agent or other person in lawful possession thereof.
The provisions of §§ 115-2, 115-3 and 115-4 above shall not apply to interior portions of any private dwelling, habitat or building, nor to the consumption, possession or discarding by persons in the areas therein designated of any duly prescribed and dispensed medication having alcoholic content as set forth in § 115-1 hereof; and provided, further, that the provisions of said §§ 115-2, 115-3 and 115-4 above shall not apply to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days, or both. Each day that a violation continues shall constitute a separate offense.
[Adopted 6-22-2020 by Ord. No. O-7-2020]
BYOB establishments, if not properly regulated/operated, present grave health, safety and welfare concerns for the City of Farrell. Improperly regulated/operated BYOB establishments have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. Improperly regulated/operated BYOB establishments are a financial burden to the City by the repeated calls for service to the properties. This article is enacted to direct, regulate and provide provisions relating to bring-your-own-bottle (BYOB) activities. This remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws.
For the purpose of this article, the following words or phrases shall have the meaning prescribed below:
ALCOHOLIC BEVERAGES
The term shall include liquor, malt or brewed beverages, or any other intoxicating substances as further defined in Chapter 47, § 1-102 of the Pennsylvania Liquor Code,[1] which are defined as follows:
A. 
LIQUORIncludes any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered, or redistilled denatured alcohol usable or taxable for beverage purposes, which contain more than 0.50% of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.
B. 
MALT OR BREWED BEVERAGESAny beer, lager beer, ale, porter or similar fermented malt beverage containing 0.50% or more of alcohol by volume, by whatever name such beverage may be called.
BUSINESS
Includes any enterprise, activity, profession or any other undertaking whether for profit, or not for profit which would include, without limitation wholesale and/or retail goods, wares and merchandise and engaging and conducting restaurants or other places where food, drink or refreshments are sold or furnished; financial businesses; those enterprises engaged in by hotel operations, motel operators, office and/or residential apartment building operators, private properties wherein entrance fees or "covers charges" may or may not be required for entry and any other entity or person listed as a profit or not for profit person, partnership, facility or corporation engaged in commerce, manufacturing, or a service that is not licensed by the Pennsylvania Liquor Control Board (PLCB), whether holding a valid City of Farrell business license or otherwise.
BUSINESS LICENSE
As defined in any City of Farrell ordinance which requires prequalification to do business in the City per its regulations.
BYO and/or BYOB
The term is meant to stand for "bring your own beer," "bring your own beverage," "bring your own bag," or "bring your own booze." The practice of an individual bringing any alcoholic beverage to an establishment or property from another location for the purpose of consumption by either themselves or others.
BYOB BUSINESS OPERATION PERMIT
A permit issued by the City of Farrell authorizing a business to operate as a BYOB within the City in accordance with the regulations set forth herein.
BYOB ESTABLISHMENT
Any business or facility, such as a dance hall, club, restaurant, meeting room or association, private property or other location not licensed by the PLCB, wherein patrons 21 years of age and older may consume alcoholic beverages, which said patrons or others have carried onto the premises. Such may or may not require payment of any entry fee, cover charge, or membership fee, or be associated with the purchase of nonalcoholic beverages or food.
BYOB FACILITY
Any property licensed as a BYOB within the City of Farrell.
BYOB SPECIAL EVENT PERMIT
A permit issued by the City of Farrell authorizing a nonprofit, charitable organization, religious entity, or other community organization to hold a BYOB special event within the City in accordance with the regulations set forth herein.
CITY
The City of Farrell or its agents such as police, fire, code and/or any other duly appointed official working for the City of Farrell.
CONTROL
The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined by state law.
PATRON
An individual who is a customer, client, guest, whether paying or non-paying or the like.
PERSON
Natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of them.
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
Unless otherwise defined, any person who has titled ownership of the property or structure which is subject to this article, an occupant in control of the property or structure which is subject to this article, a developer, builder, or business operator or owner who is developing, building or operating a business on the property or in a structure which is subject to this article and/or any person who has control over the property to include a manager or employee.
PREMISES AND PROPERTY
May be used by this article interchangeably and means any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof, including property used as a residential or commercial property, and/or any structure either permanently affixed or temporarily placed to include vehicles, trailers and the like.
[1]
Editor's Note: See 47 P.S. § 1-102.
[Amended 8-24-2020 by Ord. No. O-13-2020]
BYOB operations, as herein defined, shall be permitted in the City of Farrell, subject to the following conditions:
A. 
Any person or business who/which desires to operate as a BYOB facility must apply to the City of Farrell for a BYOB business permit pursuant to policies promulgated and fees established by the City of Farrell Council from time to time, and administered by the City of Farrell Code Enforcement Office.
B. 
The BYOB business operation permit shall be prominently displayed at or near the main entrance to the business in which the BYOB operation is to occur. Lamination or framing is acceptable but at no time shall the permit be displayed in a fashion that it is not readily and completely visible by any member of the public or any City Official who arrives at the facility and is at or near the entrance.
C. 
Any and all BYOB facilities and any and all perspective BYOB facilities shall obtain and keep in force broad-form general liability insurance coverage, in the amount of $1,000,000, naming the City of Farrell as an additional insured.
D. 
Proof of this insurance shall be filed with the City of Farrell Code Office at the time of the application for a BYOB operation permit.
E. 
Should the BYOB facilities insurance carrier change throughout the year, it shall be the responsibility of BYOB facilities person who is responsible for the property to provide an updated copy to the license and Code Officer within 72 hours of the change.
F. 
A BYOB operation must be in compliance with all applicable federal, state and municipal laws and codes, including, but not limited to the Pennsylvania Uniform Construction Code, as administered by the City, the International Property Maintenance Code, as adopted by the City of Farrell, the City Zoning Code and the International Fire Code.
G. 
Any business in which, or property on which, a BYOB operation is to take place must obtain and display a valid City of Farrell business license;
H. 
Any business that desires to be a BYOB operation shall apply and successfully obtain a City of Farrell BYOB business operation permit prior to such operation taking place;
I. 
Any business that desires to be a BYOB operation and any person responsible for the property shall be in good standing with all monies owed to the City of Farrell;
J. 
Any business that desires to be a BYOB operation or have one take place shall have to be in good standing with any and all federal, state and municipal inspections;
K. 
Any business that desires to be a BYOB operation and any person responsible for the property shall not have been deemed a nuisance property or the person responsible for the property deemed a nuisance, as defined by the City of Farrell ordinances, within the past two years; and
L. 
All BYOB operations must post the BYOB business operation permit at or near the main entrance of any facility in which or property on which a BYOB operation is taking place, fully visible to patrons from outside the facility.
[Amended 8-24-2020 by Ord. No. O-13-2020]
A. 
A permit issued by the City of Farrell authorizing a nonprofit, charitable organization, religious entity, or other community organization to hold a BYOB special event within the City shall be granted to eligible organizations.
B. 
Any and all BYOB special event permit requests shall obtain and keep in force broad-form general liability insurance coverage, in the amount of $1,000,000 naming the City of Farrell as an additional insured covering the time of the event.
C. 
Proof of this insurance shall be filed with the City of Farrell License and Zoning Officer at the time of the application for a BYOB special event permit.
D. 
A BYOB special event permit shall be valid for up to 48 hours running consecutively (two-day event), during which time, alcoholic beverage consumption shall be restricted to the hours allowed by this article.
E. 
A BYOB special event applicant shall be authorized to host up to one special event per month.
F. 
Each and every special event where BYOB is to take place shall require a separate permit and application process.
G. 
Any nonprofit, charitable organization, religious entity, or other community organization who/which desires to obtain a BYOB special event must apply to the City of Farrell for a BYOB special event permit pursuant to policies promulgated and fees established by the City of Farrell Council from time-to-time, and administered by the City of Farrell Code Enforcement Office, License and Permit Section.
H. 
Any nonprofit, charitable organization, religious entity, or other community organization who/which desires to obtain a BYOB special event permit must be in compliance with all applicable federal, state and municipal laws and codes, including but not limited to the Pennsylvania Uniform Construction Code as administered by the City, the International Property Maintenance Code as adopted by the City of Farrell, the City Zoning Code and the International Fire Code.
I. 
A City of Farrell business license shall not be required for a BYOB special event permit.
J. 
Nonprofit, charitable organization, religious entity, or other community organization who/which desires to obtain a BYOB special event shall apply and successfully obtain a City of Farrell BYOB special event permit prior to such operation taking place.
K. 
All BYOB special events and any person responsible for the property of a BYOB special event and any BYOB special event facilitator shall be in good standing with all monies owed to the City of Farrell.
L. 
All BYOB special events and any person responsible for the property of a BYOB special event and any BYOB special event facilitator shall be in good standing with any and all federal, state, and municipal inspections.
M. 
All BYOB special events and any person responsible for the property of a BYBO special event shall not have been deemed a nuisance property or the person responsible for the property a nuisance was declared upon, as defined by the City of Farrell City Ordinance, within the past two years.
N. 
All BYOB special events must post the BYOB special events permit at or near the main entrance of any facility in which or property on which a BYOB special event is taking place, fully visible to patrons from outside the facility. Should the special events be in an open-air environment, the BYOB special events permit shall be placed in a window of a building and/or a window of a vehicle owned by the BYOB special event facilitator and on location. The BYOB special event permit must at all times be readily visible and readable to the public or any City official who arrives at the facility and is at or near the entrance.
A. 
No alcohol may be consumed in the permitted premises between the hours of 1:00 a.m. and 8:00 a.m. of the same day.
B. 
Entertainers are prohibited from coming into physical contact with any patron while performing. Entertainers in the interior of a BYOB establishment's building shall not be visible from outside that building.
C. 
Gambling of any type, lotteries and gambling devices are prohibited on the premises.
D. 
Alcoholic beverages may not be consumed by persons under 21 years old.
E. 
No alcoholic beverages may be served to any adult in a booth or table where a minor is seated, unless the minor is accompanied by a parent or legal guardian, and is properly supervised.
F. 
The consumption of alcoholic beverages on the premises by visibly intoxicated persons shall be prohibited.
G. 
Business owners and employees shall not be visibly intoxicated on the premises.
H. 
Alcoholic beverages shall not be offered as a prize for any activity conducted on the premises.
Prior to the City of Farrell issuing any type of BYOB permit, the City Fire Department and Code Enforcement Office shall conduct a proper inspection to include verifying the building is up to all proper standards. At the time of the inspection the Farrell Fire Department shall set the occupancy limit for the BYOB permit. This occupancy limit shall be properly and prominently displayed at the entrance to the place being permitted as a BYOB.
BYOB business operations permits shall be effective for a period of one year, and, regardless of date of issue, shall end on December 31 of the issuing year.
[Amended 8-24-2020 by Ord. No. O-13-2020]
A. 
BYOB Business Operation Permit. The cost of a BYOB business operation permit shall be $100 per year. This fee shall be paid in full at the time of application. The fee is not prorated.
B. 
BYOB Special Event Permit. The cost of a BYOB special operations permit shall be $35. This permit shall only be good for up to 48 consecutive hours and shall only be granted to qualifying applicants in accordance with this article.
C. 
Second and subsequent requests. Should a qualified applicant who has successfully received a BYOB special operations permit during the same calendar year, the BYOB special event permit cost shall be the same as the original permit fee.
D. 
Fees must be paid in full and in advance of the application being reviewed and the permit being issued.
E. 
Should a BYOB business operations permit be denied, the fee, minus an administrative fee of $20, will be returned to the applicant.
A. 
Any person or entity who violates any provision of this article, upon conviction in a summary proceeding, in addition to the payment of the cost of prosecution per violation and reasonable attorney's fees, shall be sentenced to pay a fine of not less than $100, and not more than $200 for the first violation; to pay a fine of not less than $200, not more than $300 for the second violation if within a period of 12 consecutive months from the first violation; and shall be sentenced to pay a fine of not less than $300, and not more than $400 for the third violation if within a period of 12 consecutive months from the first violation, and in default of payment of the same, to undergo imprisonment for not more than 30 days. This shall include the individual operator, manager, owner or patron as appropriate.
B. 
Multiple offenses occurring on the same day shall constitute separate violations with regard to prosecution and/or administrative proceedings. The fact that multiple violations occurred at or on the same day shall not allow for said violations to be combined and counted as one single offense.
C. 
Enforcement shall be by the City of Farrell Police Department or the Farrell Code Enforcement Office.
This article applies to any and all existing BYOB establishments in the City of Farrell, which are fully bound by all provisions regulating same herein, upon adoption of this article. All permits required by this article shall be obtained by any and all existing BYOB establishments in the City of Farrell within 30 days of adoption of this article.
A. 
In the event the BYOB operation fails to fully and completely comply with the provisions hereof or is convicted of any unlawful activities, as defined in this article during the term of the BYOB permit so issued, in addition to other remedies provided in this article, the City of Farrell Police Department shall have the authority to revoke the BYOB permit for a period not to exceed six months.
B. 
Permit and revocation decisions shall be made by the Chief of Police or his designee. Any person aggrieved by such a decision may appeal to a court of competent jurisdiction. The City shall, upon filing such appeal, consent to any request by a permit applicant or a person whose permit has been revoked expedited review to such appeal. The City shall certify any records to the court within 20 days of any request by the court to do so.