[Prior Code, Sec. 2-1; amended by Ord. No. 1096-2006, 7-3-2006; Ord. No. 1291-2019, 10-24-2019]
A.
ALCOHOLIC BEVERAGE
BEER
BREWER
BREWPUB
DESIGNATED WHOLESALER
DISTILLER
LICENSEE
MANUFACTURER
MIXED BEVERAGES
ORIGINAL PACKAGE
PACKAGE STORE
PERSON
PREMISES
1.
2.
RETAIL CONTAINER FOR SPIRITS OR WINES
RETAILER
SALE
SPIRITS
WINE
WINE AND SPIRITS WHOLESALER
As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section unless the context clearly requires otherwise:
Alcohol, spirits, beer and wine as those terms are defined herein and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings;
Any beverage of alcohol by volume and obtained by the alcoholic fermentation of an infusion or decoction of barley, or other grain, malt or similar products. "Beer" may or may not contain hops or other vegetable products. "Beer" includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine;
Any person who manufactures for human consumption by the use of raw materials or other ingredients any beer or cider upon which a license fee and a tax are imposed by any law of this state;
A licensed establishment operated on the premises of, or on premises located contiguous to, a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption.
A wine or spirits wholesaler who has been selected by the manufacturer as a wholesaler appointed to distribute a designated products.
Any person who produces spirits from any source or substance, or any person who brews or makes mash, wort or wash, fit for distillation or for the production of spirits (except a person making or using such material in the authorized production of wine or beer, or the production of vinegar by fermentation), or any person who by any process separates alcoholic spirits from any fermented substance, or any person who, making or keeping mash, wort or wash, has also in his or her possession or use a still.
Any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant or employee of such licensee while in the performance of any act or duty in connection with the licensed business or on the licensed premises.
A distiller, winemaker, rectifier or bottler of any alcoholic beverage (other than beer) and its subsidiaries, affiliates and parent companies.
One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage, beer and wine, caterer, public event, charitable event or special event license;
Any container of alcoholic beverage filled and stamped or sealed by the manufacturer;
Any sole proprietor or partnership that qualifies to sell wine, beer and/or spirits for off-premise consumption and that is not a grocery store, convenience store or drug store, or other retail outlet that is not permitted to sell wine or beer for off-premise consumption.
An individual, any type of partnership, corporation, association, limited liability company or any individual involved in the legal structure of any such business entity.
The grounds and all buildings and appurtenances pertaining to the grounds including any adjacent premises if under the direct or indirect control of the licensee and the rooms and equipment under the control of the licensee and used in connection with or in furtherance of the business covered by a license. Provided that the ABLE Commission shall have the authority to designate areas to be excluded from the licensed premises solely for the purpose of:
All owing the presence and consumption of alcoholic beverages by private parties which are closed to the general public; or
All owing the services of a caterer serving alcoholic beverages provided by a private party. This exception shall in no way limit the licensee's concurrent responsibility for any violations of the Oklahoma Alcoholic Beverage Control Act occurring on the licensed premise.
An original package of any capacity approved by the United States Bureau of Alcohol, Tobacco and Firearms.
A package store, grocery store, convenience store or drug store licensed to sell alcoholic beverages for off-premise consumption pursuant to a retail spirits license, retail wine license or retail beer license.
Any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether as principal, proprietor or as an agent, servant or employee. The term SALE is also declared to be and include the use or consumption in this state of any alcoholic beverage obtained within or imported from without this state, upon which the excise tax levied by the Oklahoma Alcoholic Beverage Control Act has not been paid or exempted.
Any beverage other than wine or beer, which contains more than 1/2 of 1% alcohol measured by volume, and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds, but shall not include any alcohol liquid completely denatured in accordance with the Acts of Congress and regulations pursuant thereto.
Any beverage containing more than 1/2 of 1% alcohol by volume and not more than 24% alcohol by volume at 60° F. obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine.
Any sole proprietorship or partnership licensed to distribute wine and spirits in the state.
B.
The following specific terms, "brewer," "class B wholesaler," "distiller," "manufacturer," "person," "premises," "winemaker," "Oklahoma winemaker," "wholesaler," and "mixed beverages," are given the meanings defined for them by the Oklahoma alcoholic beverage control act.
C.
Words in the plural include the singular, and vice versa; and words imparting the masculine gender include the feminine.
[Prior Code, Sec. 2-2; amended by Ord. No. 1096-2006, 7-3-2006; Ord. No. 1291-2019, 10-24-2019]
A.
There is hereby levied an annual occupation tax upon each person, firm or corporation engaged within this City in any of the occupations hereinafter named, in the sums respectively set opposite the designation of each occupation as set forth in Chapter 1-3, Fees.
[Amended 4-5-2021 by Ord. No. 1320-2021]
B.
The above occupation taxes for brewer and Class B wholesaler shall be reduced by 75% if the licensee is also holder of a state license to manufacture or wholesale, as the case may be, any nonintoxicating malt beverages as provided in 37 Oklahoma Statutes.
[Prior Code, Sec. 2-3]
All occupation taxes herein provided shall be paid in advance, to the City Clerk, who shall issue a receipt therefor. The City Clerk shall record the name of such licensee and the address where he engages in his occupation. Such records shall be duly filed and kept in the permanent files of the City for at least five years. Thereafter, upon resolution by the council, such records may be destroyed. Every person receiving such a receipt from the City Clerk shall post the tax receipt in a conspicuous place in the premises wherein he carries on his occupation.
[Prior Code, Sec. 2-4; amended by 1291-2019, Ord. No. 10-24-2019]
A.
All occupation taxes levied under the provisions of this chapter expire on September 30 of each year.
B.
The amount of any occupation tax levied shall be computed pro rata upon the months remaining in the year ending September 30 following. Such taxes paid on or before the 15th day of any month shall be on the basis of the first day of the month, and such taxes paid after the 15th day of any month shall be on the basis of the first day of the next succeeding month.
[Ord. 1096-2006, 7-3-2006]
No brewer, distiller, winemaker, Oklahoma winemaker, wholesaler, Class B wholesaler, retail package store, or mixed beverage establishment shall do business, or offer to do business in this City until the occupation tax levied by this chapter has been paid in full to the City Clerk, and receipt issued therefor.
[Prior Code, Sec. 2-6]
The City Clerk shall make and transmit to the Oklahoma alcoholic beverage control board an annual report showing the number and class of licensees upon which occupation taxes were levied, and the amount of money collected from such taxes.
[Prior Code, Sec. 2-7]
Any violation of any law of the state in connection with any of the matters covered by this chapter shall be construed to be a specific violation of this chapter, whether specifically covered by the provisions of this chapter or not.
[Prior Code, Sec. 2-8; amended by Ord. 1291-2019, 10-24-2019]
A.
Beer retailers, wine retailers, and spirits retailers (off premises consumption).
1.
Sell any beer or wine at any hour other than between the hours of 6:00 a.m. and 2:00 a.m. the following day, Monday through Sunday. Retail wine and retail beer licensees shall be permitted to sell beer and wine on the day of any general, primary, runoff primary or special election whether on a national, state, county or City election.
2.
Sell any spirits at any hour other than between the hours of 8:00 a.m. and midnight Monday through Saturday, and shall not be permitted to be open on Thanksgiving Day or Christmas Day; provided, a county may, pursuant to the provisions of Subsections B and C of Section 3-124 of this title, elect to allow such sales between the hours of noon and midnight on Sunday. Retail spirits licensees shall be permitted to sell alcoholic beverages on the day of any general, primary, runoff primary or special election whether on a national, state, county or City election, provided that the election day does not occur on any day on which such sales are otherwise prohibited by law.
B.
Beer, wine, and spirits for on-premise consumption. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a mixed beverage, caterer, public event, charitable event, special event, on-premises beer and wine, small brewer or brewpub licensee between the hours of 2:00 a.m. and 8:00 a.m.
[Prior Code, Sec. 2-9]
A.
It is an offense for any person under the age of 21 years to be employed in the selling or handling of alcoholic beverages within this City.
B.
It is an offense to sell, furnish, or give any alcoholic beverage to any person under 21 years of age, or to any intoxicated, insane or mentally deficient person.
C.
It is an offense to permit any person under 21 years of age to enter into, remain within, or loiter about the premises of any retail package store.
D.
It is an offense for any person to misrepresent his age in writing or by presenting false documentation of age for the purpose of inducing any person to sell him alcoholic beverages.
[Prior Code, Sec. 2-10]
It is an offense for any person to advertise, or cause to be advertised in any manner, the sale of alcoholic beverages, except as specifically permitted by the provisions of the alcoholic beverage control act.
[Prior Code, Sec. 2-11]
It is an offense for any person to maintain, operate, or assist in any manner in the maintenance or operation of a retail package store unless the premises are separated from adjoining premises on which any other goods, wares or merchandise is sold or services are rendered, by nontransparent walls, broken only, if at all, by a passageway to which the public is not admitted.
[Prior Code, Sec. 2-12]
It is an offense for any person to take any alcoholic beverage through any passageway described in Section 3-111 of this chapter for the purpose of selling or reselling such beverage, or for the purpose of delivery thereof in connection with a sale of such beverages.
[Prior Code, Sec. 2-13; amended 1291-2019, 10-24-2019]
[Prior Code, Sec. 2-14]
It is an offense for any person to drink or consume in any manner any alcoholic beverage on the premises of a retail alcoholic beverage store, or to open or break the seal of any original package or retail container containing alcoholic beverage, on such premises.
[Prior Code, Sec. 2-15]
It is an offense for any person to sell at retail, or to deliver in consequence or in completion of any such a sale, any alcoholic beverages at or to any place in the City except at a retail alcoholic beverage store, in strict conformity with this chapter and the laws of the state.
[Ord. 1096-2006, 7-3-2006]
It shall be unlawful for any mixed beverage establishment, beer and wine establishment, or bottle club which has been licensed in accordance with the provisions of this chapter which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities. The provisions of this section shall be interpreted in accordance with the location restrictions for said establishments as set forth by Oklahoma alcoholic beverage control act.
[Prior Code, Sec. 2-17]
A.
It is an offense for any person to transport in any vehicle upon any public highway, street or alley, any alcoholic beverage, unless such alcoholic beverage is:
[Prior Code, Sec. 2-18]
It is an offense for any person to sell at retail, or to sell at any retail alcoholic beverage store, any alcoholic beverage on credit.
[Prior Code, Sec. 2-19]
It is an offense for any person to offer or to furnish any prize, premium, gift or similar inducement to any customer or consumer in connection with the sale or attempted sale of any alcoholic beverage.
[Prior Code, Sec. 2-20]
It is an offense for any person to sell or deliver to any retail alcoholic beverage store any amount of spirits, wines or other kind of alcoholic beverage, on Saturday of any week, on Sunday of any week, on New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or while the polls are open on the day of any general, primary, runoff primary, or special election, whether national, state, county or City.
[Prior Code, Sec. 2-21]
It is an offense for any person, whether as owner, manager, operator or employee, of any cafe, restaurant, club or any place of recreation within the City, to permit any person to be or to become drunk, intoxicated, or to be under the influence of intoxicating drink at such place.
[Prior Code, Sec. 2-22]
Each day's violation of this chapter shall constitute a separate offense, but nothing herein contained shall be construed as determining that not more than any one such offense can be committed in any one day by the same person.
[1982 Code]
Any violation of any provision contained in this chapter is an offense against the City; upon conviction of any such offense, the violator shall be punished by a fine as provided by Section 1-108 of this Code, including costs.
