City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter regulates the consumption and possession of open containers of alcoholic beverages in public places in Pottsville, and separately sets out rules for permitted "BYOB" (bring-your-own-bottle) operations at businesses that let patrons bring their own alcohol.

Who this affects

It affects residents and visitors who might drink in streets, sidewalks, parks, or other city-owned property, and it affects owners of dance halls, clubs, restaurants, or similar venues that want to operate as BYOB establishments.

Key rules

• Consuming alcohol or possessing an open container of alcohol in any public place (streets, alleys, sidewalks, parks, or city-owned/leased land or buildings) is prohibited.
• Exceptions apply to alcohol purchased under a Pennsylvania Liquor Control Board special occasion permit and consumed at that event, alcohol consumed at a licensed sidewalk cafe or similar outdoor facility, and alcohol consumed inside buildings at social events sponsored by nonprofit organizations.
• Police officers may seize and confiscate alcoholic beverages being consumed in violation of the chapter.
• BYOB operations must obtain a permit from the city, administered by the Health/Code Enforcement Office, and pay applicable fees.
• BYOB operations must carry broad-form general liability insurance of $1,000,000 single limit per occurrence and submit proof at the time of application.
• BYOB operations must comply with the City Health Code, the Pennsylvania Uniform Construction Code, the City Property Maintenance Code, and the City Zoning Code.
• The facility/property must have a current trash account, up-to-date taxes, and a valid City eating and drinking license.
• Applicants with any prior felony conviction, or a misdemeanor conviction in the prior 18 months, or two or more summary convictions in the last 12 months, cannot obtain or renew a BYOB permit.
• The BYOB permit must be posted at or near the main entrance, fully visible to patrons from outside.
• No alcohol may be consumed on BYOB premises between 11:00 p.m. and 11:00 a.m.
• Entertainers are prohibited from contact with patrons while performing, and entertainers inside the premises must not be visible from outside.
• Gambling, lotteries, and gambling devices are prohibited on BYOB premises.
• Alcohol may not be consumed by persons under 21 on BYOB premises.
• Visibly intoxicated persons may not consume alcohol on the premises.
• Alcoholic beverages may not be supplied on BYOB property in any manner.
• Business owners and employees may not be visibly intoxicated on the premises.
• Alcoholic beverages may not be offered as a prize for any activity on the premises.
• BYOB permits run for one year, from January 1 to December 31.
• The Police Department may immediately revoke a BYOB permit for six months to a year if the operation fails to comply or is convicted of unlawful activity during the permit term.

Penalties

Violating the public consumption prohibition (§ 84-2) carries, upon conviction, a fine not exceeding $600 plus costs of prosecution, or imprisonment in the Schuylkill County Prison or other suitable facility for not more than 90 days in default of payment. Violating the BYOB provisions (§§ 84-4 through 84-6) carries, upon summary conviction, a fine of $100 to $600 for a first offense and $1,000 for second and subsequent offenses, plus costs of prosecution, or imprisonment for not more than 30 days in default of payment. Enforcement is by the City Police Department or the Health/Code Enforcement Office.

Notable and archaic details

• BYOB operation permit applicants are permanently disqualified by any prior felony conviction, regardless of how long ago it occurred.
• Entertainers at BYOB venues must not be visible from outside the premises and are barred from any contact with patrons while performing.