[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 3-2-1982 as Ord. No. 905. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOTTLE CLUB
- A place of assembly, other than a private residence, not having a license to dispense alcoholic beverages issued by the Pennsylvania Liquor Board and in which either food, including but not limited to snack food, prepackaged condiments, candy, sandwiches and full course meals, or nonalcoholic drinks are served and consumed whether sold or offered gratis and where patrons are permitted to bring and/or consume alcoholic beverages.
- The term "club" shall be used herein to refer to bottle clubs and/or nightclubs.
- Any person visiting or patronizing a club with or without the payment of a fee or other compensation therefor.
- CUSTOMER USE AREA
- That floor area, or other space, necessary or designated for the use of customers in a club, which area must be separate and apart from other areas of the building or structure used for the club or other purposes. The customer use area must be so designated and set aside as to assure avoidance of overcrowding, congestion, fire hazards and other safety hazards.
- GAMBLING OPERATION OR USE
- Any use or operation of the club premises involving gambling or the awarding to a customer of any money, prize or other reward arising from any game of chance or other activity, except as specifically permitted by the laws of the Commonwealth of Pennsylvania.
- A place of assembly, other than a private residence facility, offering food and/or drink and entertainment, either live or recorded, and characterized by low light levels and closely packed tables, whether or not the consumption of alcoholic beverages is permitted or allowed on the premises.
- Includes the singular and the plural and means any person, firm, partnership, association, corporation, company or organization of any kind.
It shall be unlawful for any person to operate, or for any customer to visit or patronize, a club between the hours of 2:30 a.m. and 7:00 a.m., prevailing time. Nothing herein shall be deemed to prohibit the owner or operator or employees of the owner or operator of a club from the preparation of food or drink between the hours of 2:30 a.m. and 7:00 a.m. prevailing time, provided such food or drink is not served or sold between such hours, and provided that the club is not opened for customers or patrons during that time.
The borough may permit, by a certificate of waiver, the operation of a club during the hours set forth in Subsection A hereof for special occasions, including only legal holidays and private parties. The borough shall not issue such certificate unless the borough receives adequate assurances, in a form acceptable to the borough, that the safety of the residents of the borough and of the patrons of the club will be assured. The borough may require that any person seeking such certificate deposit with the borough sufficient funds to cover the cost of stationing a police officer or officers as the borough might in its discretion feel are required at the club during the hours of extended operation. A certificate shall be issued only on an event-by-event basis. No such certificate shall be issued to a club which, in the last two calendar years, as determined by the records of the borough:
Has accumulated more than 10 calls for disturbances on the premises or adjacent thereto; or
Has been the subject of disciplinary proceedings by the Pennsylvania Liquor Control Board for the unauthorized dispensing of alcoholic beverages or for unauthorized consumption thereof by underage drinkers and has been disciplined therefor.
Nothing in this chapter shall be deemed to regulate the hours of operation of any establishment which is a licensee of the Pennsylvania Liquor Control Board and whose hours and other aspects of operation are regulated by that Board. To the extent that clubs are not regulated by the laws of the Commonwealth of Pennsylvania, and to the extent that such regulation is not preempted by the law of the Commonwealth of Pennsylvania, the provisions and regulations contained in this chapter shall apply.
Editor's Note: See now, 18 Pa C.S. § 7328(b) of the Crimes Code, regarding local options.
Bottle clubs and nightclubs shall be subject to the following regulations:
No club shall be operated in Brentwood Borough unless there is first obtained from the Mayor a license for such operation. Application for said license must be made on a form provided by Brentwood Borough setting forth:
The name, address and occupation of the owner of the premises of the club.
The name, address and occupation of the tenant or occupant of the premises of the club.
The address of the premises of the club.
The total floor space to be used in the operation of the club.
The material of construction and the nature of the floors and walls of the club premises.
The age of the building or structure housing the club.
The number of exits and entrances provided for the club generally, and in particular for the customer use area.
The total parking space available for use by employees, visitors and patrons of the club.
An attached floor plan and plot plan, drawn to scale, of the floor area and parking area of the club premises, depicting all windows and doors and the locations of all articles of equipment, fixtures and stationary objects to be present on the club premises.
A description of the proposed nature of the activities of the club.
A statement of the anticipated number of members or patrons who will frequent the club on a regular basis.
A statement of the anticipated days, and hours, of anticipated regular operation of the club.
Each application for license shall be approved or denied by the Mayor within 30 calendar days of receipt by the Mayor of said application for license, provided that said application is received by the Mayor in a form fully completed and signed by the applicant under oath before a notary public. The Mayor shall not be required to act on any application not received in proper form as described herein.
Prior to the issuance of a license, the applicant shall pay to the borough, by cash or certified check, an annual license fee in the amount set forth from time to time by resolution of the Borough Council to cover, at least in part, the cost of investigation, processing, issuance and enforcement of said license and this chapter. Said license must be renewed and said annual fee paid, on or before the last day of January of each year.
The number of clubs located within Brentwood Borough shall be limited to one club for each 2,000 inhabitants of the borough, as determined by the total population of the borough indicated by the most recent federal census.
Such clubs shall be located only in Brentwood zoning districts zoned as commercial, industrial-commercial or industrial districts. No club shall be permitted in any R-1, R-2 or R-3 Residential District.
Each club shall be located not less than 200 feet from the nearest club, not less than 300 feet from the nearest school, hospital, church, charitable institution or public playground, not less than 200 feet from the nearest establishment holding a liquor license and not less than 500 feet from the residence of any inhabitant of the neighborhood, to whose welfare, health, peace and/or morals such club would be detrimental.
No gambling or gambling activity or operation shall be permitted in any club, except for such activity as might be permitted under the law of the Commonwealth of Pennsylvania.
The license issued pursuant to this chapter shall be openly displayed in the licensed club in a prominent and public location to facilitate periodic inspection by borough representatives, including the Mayor, the Chief of Police, the Fire Chief and/or the Code Enforcement Officer of Brentwood Borough.
No club shall be licensed, established, maintained or operated if such action is likely to cause, in the opinion of any of the Borough Officials named in Subsection H above, any structural, fire, safety, health or other hazard as described in any applicable BOCA Code, or otherwise. Any existing licensed club deemed likely to cause such hazard shall surrender its license and cease operation immediately upon receipt from the Mayor of written notice of said hazardous condition.
Any person violating any provision of this chapter shall be subject to a fine of not more than $1,000 for each offense and, in default of payment of said fine, shall be subject to a term of imprisonment of not more than 30 days for each offense. Each day during which a violation of this chapter continues shall be construed as a separate violation of this chapter.