Part 7
Alcoholic Beverages
§6-701 Definitions.
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this Part shall be as follows:
Alcoholic beverages–any spirits, wine, beer, ale or other liquid containing more than 0.5 percent of alcohol by volume which is fit or commonly used for human consumption or beverage purposes.
Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.
Container–any bottle, can, glass, cup or other vessel in which an alcoholic beverage is contained.
Minor–any person under 21 years of age.
Park–an area of land devoted to active or passive recreation that is owned, leased or maintained by the Borough and whose use by the public is regulated or controlled by the Borough Council.
Person–any natural individual.
(Ord. 674, 12/7/1998, §3)
§6-702 Unlawful Acts and Presumption.
1. It shall be unlawful for a minor to:
A. Enter any premises in the Borough licensed by the Pennsylvania Liquor Control Board for the sale of malt or alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any malt or alcoholic beverages.
B. Consume any malt or alcoholic beverages on premises licensed by the Pennsylvania Liquor Control Board for the sale of malt or alcoholic beverages, or to purchase, attempt to purchase or have another person purchase for him or her any malt or alcoholic beverage.
C. Possess or to have under his or her control any malt or alcoholic beverage, liquor, wine or any other alcoholic beverage.
2. It shall be unlawful for any person to:
A. Give or deliver in and upon any premises licensed by the Pennsylvania Liquor Control Board or elsewhere in the Borough any malt or alcoholic beverage to a minor.
B. Consume any alcoholic beverage in any quantity upon any public street, avenue, alley, sidewalk, thoroughfare, parking lot or other public property within the Borough, whether such person is on foot or is in or on a motor vehicle and whether such vehicle is moving or is stationary.
C. Consume any alcoholic beverage within 5 feet of any public street, alley, sidewalk, thoroughfare or parking lot while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner of said property or his or her agent or other person in lawful possession thereof.
D. Possess any container of alcoholic beverage, whether wrapped or unwrapped, which is subject to public view and which has been opened or on which the seal has been broken in any manner, making it capable for consumption, on any public street, avenue, alley, sidewalk, thoroughfare, parking lot or other public property within the Borough, whether such person is on foot or is in or on a motor vehicle and whether such vehicle is moving or is stationary.
E. Possess any container of alcoholic beverage, whether wrapped or unwrapped, which is subject to public view and which has been opened or on which the seal has been broken in any manner, making it capable for consumption, within 5 feet of any public street, alley, sidewalk, thoroughfare, or parking lot while on a private stairway, doorway or other private property open to public view without the express or implied permission of the owner of said property, or his or her agent or other person in lawful possession thereof.
F. Consume or possess any alcoholic beverage, whether wrapped or unwrapped, which has been opened or on which the seal has been broken in any manner, making it capable for consumption, whether on foot or in a motor vehicle, moving or stationary, in any park.
3. Possession of an opened container holding an alcoholic beverage shall create a rebuttable presumption that such person did intend to consume or possess the contents thereof in violation of subsections .1 and .2, as may be applicable under the circumstances.
(Ord. 674, 12/7/1998, §3)
§6-703 Exceptions.
The provisions of §6-702.2 above shall not apply to the interior portions of any private dwelling, habitat, or building; to the comsumption or possession by persons in areas herein designated of any duly prescribed and dispensed medication having alcohol content as set forth in the definitions above; to owners, possessors, or agents in lawful possession of private property while on that property; to owners, possessors, or agents of private propety who are in transit to immediately adjacent private property owned by or under the control of that person even though he or she may briefly cross through a public thoroughfare; to premises duly licensed by the Pennsylvania Liquor Control Board and to persons then and there patrons of said licensee, whose certificate of occupancy extends to and upon a sidewalk or near street vending area; and to religious rites which involve the possession and consumption of wine as an integral part of their faith doctrine.
(Ord. 674, 12/7/1998, §3)
§6-704 Posting of Part.
Any licensee of any premises licensed by the Pennsylvania Liquor Control Board for the sale of malt or alcoholic beverages within the Borough shall post a copy or a summary of this Part in a conspicuous and visible place on the said premises.
(Ord. 674, 12/7/1998, §3)
§6-705 Violations and Penalties.
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
(Ord. 674, 12/7/1998, §3; as amended by Ord. 825, 10/3/2016, §5(B))