[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:
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.
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.
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.
A.
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.
B.
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:
(1)
Has accumulated more than 10 calls for disturbances on
the premises or adjacent thereto; or
(2)
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.
C.
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.[1]
[1]
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:
A.
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:
(1)
The name, address and occupation of the owner of the
premises of the club.
(2)
The name, address and occupation of the tenant or occupant
of the premises of the club.
(3)
The address of the premises of the club.
(4)
The total floor space to be used in the operation of
the club.
(5)
The material of construction and the nature of the floors
and walls of the club premises.
(6)
The age of the building or structure housing the club.
(7)
The number of exits and entrances provided for the club
generally, and in particular for the customer use area.
(8)
The total parking space available for use by employees,
visitors and patrons of the club.
(9)
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.
(10)
A description of the proposed nature of the activities
of the club.
(11)
A statement of the anticipated number of members or patrons
who will frequent the club on a regular basis.
(12)
A statement of the anticipated days, and hours, of anticipated
regular operation of the club.
B.
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.
C.
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[1] 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.[2]
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
