Borough of Columbia, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Columbia as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Borough property — See Ch. 90.
Vehicles and traffic — See Ch. 207.
[Adopted 1-12-1981 by Ord. No. 565 (Ch. 2, Art. I, of the 1971 Code)]
A. 
"Liquor" and "malt or brewed beverages" and "container" and "official seal" shall mean the same as those words and phrases are defined in the Liquor Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
B. 
As used in this article, the following terms shall have the meanings indicated:
INTENT TO CONSUME
Includes any of the following:
[Added 12-16-2003 by Ord. No. 726]
(1) 
Drinking from the container.
(2) 
Possession with movement of the container to the mouth.
(3) 
Possession with alcohol on the breath of the possessor.
(4) 
Any circumstances evidencing an intent to ultimately consume on any public lands without permission.
OPEN
When used in connection with a container, any container which has been perforated in the case of a can or similar container or a container in which the cap has been loosened or the cork displaced and the official seal torn or mutilated.
POSSESSION
Exercise of dominion over the container or beverage.
[Added 12-16-2003 by Ord. No. 726]
It shall be unlawful within the Borough of Columbia for any person to drink liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use or public park or in any vehicle being operated or parked thereon.
[Amended 12-16-2003 by Ord. No. 726]
It shall be unlawful within the Borough of Columbia for any person to have in such person's possession with intent to consume or in a vehicle under such person's control any open container containing liquor or malt or brewed beverages upon any public street, public municipal parking lot, private parking lot open to public use or public park.
Any person who shall violate the provisions of this article shall, in a summary proceeding before a District Justice and upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.
[Adopted 12-12-2016 by Ord. No. 879]
The Borough Council of the Borough of Columbia, Lancaster County, Pennsylvania hereby declares that the purpose of this article is to regulate the operation of BYOB clubs, as defined herein, in order to preserve the character of neighborhoods, to protect the rights of its residents to the quiet enjoyment of their property and to protect the health, welfare and safety of the residents of the Borough of Columbia. It is the express purpose and intent of this article to legislate a balance between the constitutional rights of BYOB club owners and patrons and the constitutional rights of the residents of the Borough of Columbia.
The following words or phrases when used in this article, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
ALCOHOLIC BEVERAGES
Any and all beverages including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101, et seq.
BYOB CLUB (otherwise known as BRING YOUR OWN BOTTLE CLUB)
Any business facility not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age or older may, after payment of a fee (which includes, but is not limited to, any fee for setup, merchandise or other charge which is required to be paid upon entry into the BYOB club), cover charge or other temporary entry fee, consume alcoholic beverages which said patrons have carried in, into or onto the BYOB club premises.
CAPACITY
The number of people allowed on the premises as determined by the Borough pursuant to: NFPA 101 Life Safety Code, Place of Assembly.
CLUB PERMIT
The permit issued by the Borough of Columbia to an individual or entity pursuant to the provisions hereof for the operation of a BYOB club.
LICENSE OFFICER
That individual or individuals assigned the duties hereunder by the Borough Manager.
RESIDENCE
A building or structure wholly or partially used for living and sleeping space by human occupants.
The owner or operator of a BYOB club must:
A. 
Obtain, carry and maintain in effect throughout the period covered by the club permit broad form general liability coverage in the amount of $1,000,000 single limit per occurrence, proof of which shall be filed with the License Officer.
B. 
Possess and maintain a valid certificate of occupancy for the premises upon or in which the BYOB club is operated.
C. 
Annually obtain a valid club permit pursuant to this article and prominently display the same as required herein.
D. 
Conspicuously post the hours of operation at the business premises such that patrons of the BYOB club are sufficiently apprised of the same.
It shall be unlawful for any person, persons, corporation, partnership, joint venture, trust, firm or association who or which owns, operates, leases, manages or controls a BYOB club to:
A. 
Transact any business at the BYOB club without possessing and prominently displaying on or in the premises of the BYOB club a valid club permit issued in accordance with the provisions hereof.
B. 
Transact any business at the BYOB club between the hours of 2:00 a.m. and 8:00 a.m. each day.
C. 
Allow any patrons of the BYOB club to be present on or in the premises of the BYOB club between the hours of 2:00 a.m. and 8:00 a.m. each day.
D. 
Transact any business at the BYOB club without possessing and prominently displaying on or in the premises of the BYOB club a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and the Borough of Columbia.
E. 
Transact any business at the BYOB club without obtaining and prominently displaying on or in the premises of the BYOB club all other permits or licenses required by the Commonwealth of Pennsylvania and the Borough of Columbia, including, without limitation, the club permit issued pursuant hereto.
F. 
Transact any business at the BYOB club without conspicuously displaying in or upon the premises of the BYOB club the hours of operation of the BYOB club such that patrons thereof are sufficiently apprised of the same.
G. 
Allow any person under the age of 21 to be present or in the premises when alcohol is being consumed on the premises, unless accompanied by a parent, or legal guardian.
H. 
Fail to comply with any other state or federal law, rule or regulation for the operation of BYOB clubs.
A. 
It shall be unlawful for any patron of a BYOB club to be present on or in the premises of a BYOB club between the hours of 2:00 a.m. and 8:00 a.m. each day.
B. 
It shall be unlawful for any person under the age of 21 to be present on or in the premises when alcohol is being consumed on the premises, unless accompanied by a parent or legal guardian.
A. 
In the event that any of the unlawful activities specified herein are conducted by or in the name of a corporation, partnership, joint venture, trust, firm or association, in addition to (corporate) entity liability, the officers, agents and/or principals of said corporation, partnership, joint venture, trust, firm or association shall be deemed in violation hereof, as well as the person or persons who engaged in unlawful activities.
B. 
The unlawful activities specified herein shall constitute separate and distinct offenses for each and every day in which said activities are conducted.
Any person, persons, corporations, partnerships, joint ventures, trusts, firms or associations desiring to operate or continue to operate as a BYOB club shall annually file with the License Officer of the Borough of Columbia prior to December 31 of each year an application for a club permit, which application shall include the following information:
A. 
The name and address of the BYOB club.
B. 
A statement whether the business premises upon or in which the BYOB club is to be located is leased or owned by the applicant. If leased, an executed copy of the lease must be provided.
C. 
The name and address of the lessor of such premises (if applicable).
D. 
The nature of the applicant's ownership of such premises (if applicable).
E. 
If the applicant is a corporation, partnership, joint venture, trust, firm or association, the names, addresses and phone numbers of all persons or entities who or which own any interest in such corporation, partnership, joint venture, trust, firm or association, along with names, addresses and phone numbers of all officers and/or agents of such corporation, partnership, joint venture, trust, firm or association.
F. 
A notarized affidavit signed by the applicant testifying to and verifying that the applicant has obtained all appropriate licenses and/or permits, has paid all applicable taxes and fees for operating a BYOB club, has paid all municipal claims owed by that applicant to the Borough of Columbia, and that all of the information set forth in the application for permit is true and accurate.
A. 
Within 10 days of the date of receipt of an application for a club permit, the License Officer of the Borough of Columbia shall determine whether the applicant, application and/or BYOB club, fully and completely complies with all of the provisions and requirements hereof. If the License Officer of the Borough of Columbia determines that the applicant and/or the BYOB club fully and completely complies with the provisions hereof, such License Officer shall issue a club permit to the applicant. The permit issued shall be valid from December 31 until December 31 of the following calendar year. If the License Officer of the Borough of Columbia determines that the applicant and/or the BYOB club does not fully and completely comply with the provisions hereof, such License Officer shall deny the issuance of a club permit and shall furnish written evidence of the same to the applicant together with the reason(s) for the denial.
B. 
The License Officer of the Borough of Columbia shall inspect, or cause the inspection of, the BYOB club prior to the issuance of the club permit to confirm that the BYOB club is in compliance with all applicable building and/or property maintenance code ordinances and regulations of the Borough of Columbia. The License Officer may elect not to issue the club permit if the BYOB club is not in such compliance.
Any application for a club permit shall be submitted along with a nonrefundable application fee of $25 to cover the Borough of Columbia's costs in processing such application. An application fee will be assessed only once during a calendar year for a temporary permit, regardless of the number of temporary permits obtained during the year, provided that the applicant and location of the temporary club are the same.
The owner or agent of the owner of any BYOB club which obtains a club permit shall pay an annual administrative fee of:
A. 
Capacity up to 100 patrons: $100.
B. 
Capacity from 101 to 200 patrons: $150.
C. 
Capacity of 201 or more patrons: $200.
Any person, persons, corporations, partnerships, joint ventures, trusts, firms or associations desiring to operate a temporary BYOB club, upon payment of a fee of $10 may obtain a temporary permit to operate a BYOB club, as defined herein, valid for one day, and subject to all other provisions of this article.
The License Officer reserves the right to revoke a club permit upon failure of the BYOB club owner or agent to completely and fully comply with the provisions hereof and any other applicable ordinances of the Borough of Columbia.
A. 
Any person, persons, or entity violating the provisions of this article shall, upon conviction thereof, be sentenced to a fine not exceeding $300 and/or imprisonment not to exceed 90 days, or both.
B. 
In addition to and notwithstanding any penalties assessed pursuant to Subsection A hereof, the License Officer, upon conviction for a violation hereof, may suspend or terminate the club permit to which such violation relates.
A. 
The Board of Health, for the administration of the Public Health Code provisions of the Code of the Borough of Columbia (the "Board") shall hear all appeals from the decisions of the License Officer of the Borough of Columbia disapproving an application for a club permit or suspending or terminating a club permit.
B. 
Before the Board acts upon any appeal from the action of the License Officer to deny an application for a club permit or to terminate or suspend a club permit, the License Officer shall notify the person or entity making such appeal, by certified mail addressed to such appellant, of his/her/its right to a hearing before the Board. The appellant shall have a period of 30 days from the date of service of such notice, which shall be the date of mailing, to request a hearing before the Board, which hearing shall, if requested, be fixed upon not less than 10 written days' notice to such appellant. If no hearing before the Board is requested, the Board shall take action upon the appeal without necessity for further proceedings.
C. 
The Board shall have full power to carry out the duties of the Board as set forth in this article. The Board shall hear and/or decide all appeals from persons or entities aggrieved by a decision of the License Officer of the Borough of Columbia rendered pursuant to the provisions of this article, except a decision to file summary enforcement proceedings with a District Justice, when it is alleged that the decision or order complained of is not authorized by this article or directs a method of compliance which imposes an unreasonable burden upon the club permit holder, applicant or appellant without good cause. The Board shall have the authority, in a proper case, to change, modify or rescind any decision or order of the License Officer or to extend the time for compliance. All appeals to the Board from decisions or orders of the License Officer issued pursuant to this article shall be filed with the License Officer of the Borough of Columbia within 30 days of the date of the decision or order complained of. The appeal shall be in writing, shall be signed by the person or entity making such appeal, shall specify the grounds therefor and the relief requested, and shall be accompanied by an appeal fee of $50. If a request for a hearing before the Board is submitted with the appeal, a hearing shall be held not less than 10 days after written notice to the appellant and not more than 30 days from the date of receipt of the appeal. If no request for a hearing is filed with the appeal, the provisions of Subsection B hereof shall apply.