[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne 11-15-1977 by Ord. No. 959. Amendments noted where applicable.]
For purposes of this chapter, the following definitions shall
apply:
Ethyl alcohol of any degree or proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and includes synthetic ethyl alcohol, but shall not mean or include
ethyl alcohol, whether or not diluted, that has been denatured or
otherwise rendered unfit for beverage purposes.
Any farmers market for which the Pennsylvania Liquor Control
Board has issued a farmers market permit in accordance with the Pennsylvania
Liquor Code.
[Added 10-19-2011 by Ord. No. 1265]
Shall have the meaning ascribed to such term in the Pennsylvania
Liquor Code, being currently "a winery with a maximum output of 200,000
gallons per year." In the event that the definition of "limited winery"
is amended in the Pennsylvania Liquor Code at any time, the definition
set forth in this chapter shall be deemed to be amended so that it
is consistent with the definition set forth in the Pennsylvania Liquor
Code.
[Added 10-19-2011 by Ord. No. 1265]
The Liquor Code, 47 P.S. § 1-102 et seq., in effect
in the Commonwealth of Pennsylvania as the same may be amended from
time to time.
[Added 10-19-2011 by Ord. No. 1265]
Includes any individual, whether a resident or nonresident
of the Borough of Lansdowne and whether male or female.
Every way or place, of whatever nature, located within the
Borough of Lansdowne open to the use of the public as a matter of
right, for the purposes of vehicular or pedestrian travel.
[Amended 10-19-2011 by Ord. No. 1265; 10-17-2012 by Ord. No. 1274; 5-3-2017 by Ord. No. 1307]
It shall be unlawful for any person to willfully consume in
or upon public ways or places within the Borough of Lansdowne any
beverage containing any percentage of alcohol whatsoever, except that
it shall not be illegal for:
A.Â
A customer or patron of any restaurant or farmers market whose operator holds a sidewalk or outdoor cafe dining permit issued pursuant to Chapter 294 of the Code of the Borough of Lansdowne to consume alcoholic beverages entirely within the area designated for sidewalk or outdoor cafe dining in such permit; or
[Amended 10-19-2011 by Ord. No. 1265]
With the exception of open containers at a farmers market pursuant to a farmers market permit as described in § 120-2 above, the possession of any open container containing a beverage with any percentage of alcohol whatsoever in or upon the public ways or places of the Borough of Lansdowne shall be prima facie evidence of consumption of such beverage in violation of this chapter.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]
Any person violating any provision of this chapter shall, upon
conviction before a Magisterial District Judge, be subject to a fine
of not more than $600, plus costs of prosecution, and, in default
of payment of said fine and costs, to imprisonment for a term not
to exceed 30 days.