[HISTORY: Adopted by the Board of Commissioners of the Township of
Cheltenham 7-21-1987 as Ord. No. 1652.
Amendments noted where applicable.]
A.
ALCOHOLIC BEVERAGE
BOARD
LIQUOR
MALT OR BREWED BEVERAGE
ON OR ABOUT THE PERSON
OPEN CONTAINER
PERSON
POSSESS
PUBLIC PLACE
PUBLIC REAL ESTATE
PUBLIC STREET
Unless otherwise expressly stated, the following words
and phrases shall be construed to have the following meanings:
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.
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.
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.
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.
Any public street or public real estate.
All lands or buildings owned or leased by the Township of Cheltenham
or by the School District of Cheltenham Township.
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.
B.
In this chapter, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
