The City Council of the City of Lancaster, 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 residential 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 City of Lancaster. It is the express purpose 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 City of Lancaster.
The following words or phrases when used in this article, unless the
content 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, such as a dance hall, club or association
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 set-up, 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
Fire Marshal pursuant to : NFPA 101 Life Safety Code, Place of Assembly.
CLUB PERMIT
The permit issued by the City of Lancaster to an individual or entity
pursuant to the provisions hereof for the operation of a BYOB club.
LICENSING OFFICER
That individual or individuals assigned the duties hereunder by the
Director of Housing and Community Development.
RESIDENCE
A building or structure wholly or partially used for living and sleeping
space by human occupants.
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 City of Lancaster;
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 City
of Lancaster, 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 premise when alcohol is being consumed on the premise, unless accompanied
by a parent, or legal guardian.
Any person, persons, corporations, partnerships, joint ventures, trusts,
firms or associations desiring to operate or continue to operate as a BYOB
club shall file with the License Officer of the City of Lancaster any application
for a club permit, which application shall include the following information:
the name and address of the BYOB club, a statement whether the business premises
upon or in which the BYOB club is to be located is leased or owned by the
applicant, the name and address of the lessor of such premises (if applicable),
the nature of the applicant's ownership of such premises (if applicable),
if the applicant is a corporation, partnership, joint venture, trust, firm
or association, the names and addresses of all persons or entities who or
which own any interest in such corporation, partnership, joint venture, trust,
firm or association, along with names and addresses of all officers and/or
agents of such corporation, partnership, joint venture, trust, firm or association,
and 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 and has paid
all municipal claims owed by that applicant to the City of Lancaster.
Within 10 days of the date of receipt of an application for a club permit,
the License Officer of the City of Lancaster 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 City of
Lancaster 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. If the License Officer of the City of Lancaster 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.
Any application for a club permit shall be submitted along with a nonrefundable
application fee of $25 to cover the City of Lancaster'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 from 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 City of Lancaster 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 City of Lancaster.