[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 7-21-1987 as Ord. No. 1652. Amendments noted where applicable.]
Unless otherwise expressly stated, the following words and phrases shall be construed to have the following meanings:
- ALCOHOLIC BEVERAGE
- Fermented or distilled substance containing an intoxicant.
- The Board of Commissioners of the Township of Cheltenham.
- Any alcohol, spirits, vinous, fermented or other alcoholic beverage or combination of liquors or 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 the natured alcohol usable or taxable for beverage purposes which contain more than one-half of one percent (1/2 of 1%) of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.
- MALT OR BREWED BEVERAGE
- Any beer, lager beer, ale, porter or similar fermented malt beverage containing one-half of one percent (1/2 of 1%) or more of alcohol by volume, by whatever name such beverage may be called.
- ON OR ABOUT THE PERSON
- At the location of any container, containing an alcoholic beverage, liquor or brewed or malt beverage, which is nearby, close at hand, convenient of access and within such distance of the person so having it that such person could, without materially changing his position, get his hand on it.
- OPEN CONTAINER
- Any of the following objects and any object similar thereto: a glass, mug or other such drinking utensil; a bottle or jug from which the cap or cork has been removed or loosened or on which the seal has been broken; a can which has been punctured or from which the cap or any snap top or snap tab has been removed; a keg which has been tapped; or a jar, jug or other immediate container of an alcoholic beverage which did not contain the alcoholic beverage contained therein when such alcoholic beverage was last purchased from the person licensed by the Pennsylvania Liquor Control Board to sell alcoholic beverages. "Open container" shall not include a bag, box or other similar wrapping or packaging of a container of an alcoholic beverage.
- Any natural persons; firms; corporations; eleemosynary, philanthropic, charitable or religious institutions or nonprofit corporations; homeowner associations; unincorporated associations; partnerships and joint ventures.
- The exercising of conscious dominion or control over any container containing an alcoholic beverage, liquor, brewed or malt beverage.
- PUBLIC PLACE
- Any public street or public real estate.
- PUBLIC REAL ESTATE
- All lands or buildings owned or leased by the Township of Cheltenham or by the School District of Cheltenham Township.
- PUBLIC STREET
- The entire right-of-way of any public street, road or highway of the Township of Cheltenham, County of Montgomery or Commonwealth of Pennsylvania, including the cartways, sidewalks and unpaved portions thereof within the Township of Cheltenham.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall have on or about his person, possess, carry or transport malt or brewed beverages, liquor or any other alcoholic beverage in open containers in or about any public street, sidewalk, alley, walkway, public municipal parking lot, private parking lot open to the public use, public park or playground or any other public place within the township or in any vehicle being parked or operated thereon.
Possession and consumption of alcoholic beverages may be permitted upon township property under such regulations as shall be promulgated from time to time by the Township Manager with the advice and concurrence of the Board.
Any person desiring to sell, distribute, service, dispense or otherwise give away alcoholic beverages on township property may do so only after obtaining written permission from the office of the Township Manager.
Any person desiring to sell, distribute, dispense, serve or otherwise give away alcoholic beverages on any private parking lot open to the public use may do so only after obtaining written permission from the office of the Township Manager.
Nothing herein is intended to usurp or restrict control of the sale of liquors by those licensed by the Pennsylvania Liquor Control Board, including sales which may be authorized in such open containers by said Pennsylvania Liquor Control Board.
Any person who shall violate any provision of this chapter shall, upon summary conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.) and costs of prosecution. Each day's violation of any of the provisions of this chapter shall constitute a separate offense.