[Amended 2-29-2012, Ordinance
2012-01; amended 7-27-2017 by
Ordinance 2017-10]
1.
There
is hereby levied and assessed an annual occupation tax on every business
or occupation relating to alcoholic beverages an occupation tax equal
to the amount levied by the State of Oklahoma.
2.
The
license fee for a mixed beverage or bottle club license for those
service organizations or fraternal beneficiary societies which are
exempt under Section 501(c)(19), (8) and (10) of the Internal Revenue
Code shall be $500 per year.
3.
The
fees provided for in this section for a brewer license and for a Class
B wholesaler license shall be reduced by 75% if the applicant therefor
is also the holder of a license to manufacture or wholesale any low-point
beer as provided for in this Chapter.
4.
An
applicant may apply for and receive both a mixed beverage license
and a caterer license.
5.
All
licenses, except as otherwise provided, shall be valid for one year
from date of issuance unless revoked or surrendered. Provided, that
a special event license shall be valid for a period not to exceed
10 consecutive days from the first date the license is valid; said
date to be specified on the license.
6.
The
holder of a license, issued by the ABLE Commission, for a bottle club
may exchange the bottle club license for a mixed beverage license
and operate the licensed premises as a mixed beverage establishment
subject to the provisions of the Oklahoma Alcoholic Beverage Control
Act, Section 501 et seq. There shall be no additional fee for such
exchange and the mixed beverage license issued shall expire one year
from the date of issuance of the original bottle club license. (Reference:
Title 37, 1991 O.S., Section 554.1; see also Title 37 O.S., Section
518.)
7.
Sale
of alcoholic beverages by the individual drink for on premises consumption
is not allowed on Christmas day, or on Sundays between the hours of
2:00 a.m. and 12:00 noon. (Reference: Custer County Special Election,
January 20, 1987.)
1.
Any
state licensee originally entering upon any occupation herein listed
shall pay the tax therefor at the office of the City Clerk on or before
the date upon which he enters upon such occupation. Said licensee
shall provide a copy of his current state license before payment of
an occupation tax will be accepted. Thereafter, the licensee shall
pay the tax annually on or before the first day of July.
2.
The
occupation tax subject to this Chapter shall be prorated on a monthly
basis for the year in which an occupation begins operations.
3.
Upon
payment of the said occupation tax, the City Clerk shall issue a receipt
to said state licensee. Said licensee shall post the receipt in a
conspicuous place on the premises wherein he carries on his occupation.
(Reference: See, e.g., Title 37, 1991 O.S., Section 532.1.)
4.
Any person who engages in any of the occupations taxed by this Chapter without paying said occupation tax imposed therefor in advance of such operation, is guilty of an offense against the City of Weatherford, and upon conviction thereof shall be punished by fine, costs, and imprisonment as provided for in Section 9-31 of this Code. Each day of such violation shall constitute a separate offense.
The City Clerk shall make an annual report to the ABLE Commission,
covering the fiscal year, showing the number and class of licensees
subject to the occupation tax and the amount of money collected from
said tax. (Reference: Title 37, 1991 O.S., Section 554.1.)
1.
Every
applicant for a certificate of compliance with the fire, health and
safety codes of the City of Weatherford required by Title 37 of the
Oklahoma Statutes shall apply at the Office of the City Clerk by:
2.
Upon
receipt of an application for a certificate of compliance the City
Clerk shall cause an investigation to be made to determine whether
the premises proposed for licensed operations comply with the provisions
of any health, fire, building and other safety codes applicable to
it.
3.
The
City Clerk shall act on all such applications within 20 days of receipt
thereof. (Reference: Title 37, 1991 O.S., Section 523.)
1.
Upon
finding that the premises of an applicant for a certificate is in
compliance with all applicable zoning ordinances, a certificate of
zoning compliance shall be issued to the ABLE Commission.
2.
Upon
finding that the premises of an applicant for a certificate is in
compliance with all applicable fire, safety, and health codes, a certificate
of compliance shall be issued to the ABLE Commission.
3.
The
above certificate of compliance shall be signed by the proper designated
city official.
1.
The location of a retail package store is specifically prohibited
within 300 feet of a public school, or any church property primarily
and regularly used for worship services and religious activities;
provided that, if any such church or school shall be established within
300 feet of any licensed retail premises after such premises have
been licensed, this shall not be a bar to the renewal of such license
so long as it has been in continuous force and effect. The distance
indicated in this section shall be measured from the nearest property
line of such church or school to the nearest public entrance door
of the premises of such package store, along the street right-of-way
line providing the nearest direct route usually traveled by pedestrians
between such points. For the purpose of determining measured distance,
property situated on the opposite side of the street from such church
or school shall be considered as if it were located on the same side
of the street with such church or school. A license shall not be issued
for a location on any block where a school or church is located. (Reference:
Title 37, 1991 O.S., Section 518.2.)
2.
It shall be unlawful for any person to operate or maintain, or to
assist in the operation or maintenance of, any retail package store
when the premises are not separated from the premises on which any
other goods, wares or merchandise are sold or services are rendered,
by nontransparent walls (which may be broken by a passageway to which
the public is not admitted). It shall be unlawful for any person to
take any alcoholic beverage from such store through said passageway
to which the public is not admitted, for the purpose of selling, reselling
or delivering in connection with the sale of said alcoholic beverages.
(Reference: Title 37, 1991 O.S., Section 534.)
3.
It shall be unlawful for any person holding a license for a retail
package store, or any employee or agent thereof, to keep the premises
of the retail package store open for the purpose of selling, or to
sell, any alcoholic beverages at any hour other than between the hours
of 10:00 a.m. and 9:00 p.m. Monday through Saturday; or to keep such
premises open for such purposes on the day of any general, primary,
runoff primary or special election; or on New Year's Day, Memorial
Day, the Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day,
or Christmas. (Reference: Title 37, 1991 O.S., Section 537.C.3.)
4.
Retail package stores may sell alcoholic beverages only in retail
containers in the original package for consumption off the premises
and only at ordinary room temperature. (Reference: Title 37, 1991
O.S., Section 534.)
5.
It shall be unlawful for any person holding a license for a retail
package store, or any employee or agent thereof, to:
a.
Knowingly sell, deliver or furnish any alcoholic beverages to any
person under 21 years of age, an intoxicated person or any person
who has been adjudged insane or mentally deficient; (Reference: Title
37, 1991 O.S., Section 538.F.,G.)
b.
Employ any person under 21 years of age in the selling or handling
of alcoholic beverages; (Reference: Title 37, 1991 O.S., Section 537.B.2.)
c.
Permit any person under 21 years of age to enter into, remain within
or loiter about a licensed premises; or (Reference: Title 37, 1991
O.S., Section 537.C.7.)
d.
Permit any person to open a retail container or consume alcoholic
beverages on the premises of a retail package store. (Reference: Title
37, 1991 O.S., Section 537.C.2.)
e.
Advertise any alcoholic beverages or the sale of same, except on
sign at the retail outlet bearing the words "Retail Alcoholic Liquor
Store" or any combination thereof in letters that shall not exceed
four inches in height and three inches in width. (Reference: title
37, 1991 O.S., Section 516.2.)
No retail alcoholic beverage store, and no wholesale alcoholic
beverage store, warehouse, brewery, distillery, winery, or any other
place, however described, for the manufacture or production or bottling
of alcoholic beverages of any kind shall be located, maintained, or
operated by any person at any place within the boundaries of the City
of Weatherford, except at a location at which such an establishment
is permitted by the zoning ordinance of the city.
No person within this city shall transport in any vehicle upon
any public highway, street, or alley any alcoholic beverage unless
such alcoholic beverage is:
[Amended 2-28-2020 by Ord. No. 2020-11]
1.
No person shall consume spirits in any public place except on the
premises of a licensee of the ABLE Commission who is authorized to
sell or serve spirits by the individual drink, nor shall any person
be intoxicated in such public place.
2.
It shall be unlawful for any person to drink beer or wine while in
or upon any street, alley or other public place in the city, except
that such beverages may be consumed or possessed by persons 21 years
of age or older within the boundaries of any area licensed by the
ABLE Commission or on the Southwestern Oklahoma State University campus
in accordance with rules established by said institution.
No person, at any retail alcoholic beverage store in this city,
shall sell any alcoholic beverage on credit.
No owner or proprietor of a retail alcoholic beverage store,
and no person employed therein shall offer or furnish any prize, premium,
gift, or similar inducement to a consumer in connection with a sale
of alcoholic beverage.
No person operating a cafe, restaurant, club, or any place of
recreation within this city and no employee engaged in connection
with the operation of such a cafe, restaurant, or club, or place of
recreation shall permit any person to be drunk or intoxicated in such
place of business.