[HISTORY: Adopted by the Borough Council
of the Borough of Columbia as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-12-1981 by Ord. No. 565 (Ch. 2, Art. I, of the 1971 Code)]
B.
INTENT TO CONSUME
OPEN
POSSESSION
As used in this article, the following terms shall
have the meanings indicated:
Includes any of the following:
[Added 12-16-2003 by Ord. No. 726]
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.
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:
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.
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.
The number of people allowed on the premises as determined
by the Borough pursuant to: NFPA 101 Life Safety Code, Place of Assembly.
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.
That individual or individuals assigned the duties hereunder
by the Borough Manager.
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:
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.
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.
