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:
ALCOHOLIC BEVERAGE
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;
BEER
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;
BREWER
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;
BREWPUB
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.
DESIGNATED WHOLESALER
A wine or spirits wholesaler who has been selected by the
manufacturer as a wholesaler appointed to distribute a designated
products.
DISTILLER
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.
LICENSEE
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.
MANUFACTURER
A distiller, winemaker, rectifier or bottler of any alcoholic
beverage (other than beer) and its subsidiaries, affiliates and parent
companies.
MIXED BEVERAGES
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;
ORIGINAL PACKAGE
Any container of alcoholic beverage filled and stamped or
sealed by the manufacturer;
PACKAGE STORE
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.
PERSON
An individual, any type of partnership, corporation, association,
limited liability company or any individual involved in the legal
structure of any such business entity.
PREMISES
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:
1.
All owing the presence and consumption of alcoholic beverages
by private parties which are closed to the general public; or
2.
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.
RETAILER
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.
SALE
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.
SPIRITS
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.
WINE
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.