All words, phrases and terms used in this Part 1 and not defined herein shall be interpreted and construed in conformity with the definitions of the same set forth in the Oklahoma Alcoholic Beverage Control Act,[1] with the same force and effect as if set forth in full herein, and such definitions are made a part hereof by reference.
Includes hydrated oxide of ethyl, ethyl alcohol, ethanol or spirits of wine, from whatever source or by whatever process produced. It does not include wood alcohol or alcohol which has been denatured or produced as denatured in accordance with Acts of Congress and regulations promulgated thereunder.
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 manufacturer-sealed, single container that contains not less than four gallons of beer.
Includes any person licensed to distribute beer for retail sale in the state but does not include a holder of a small brewer self-distribution license or brewpub self-distribution license. The term "distributor," as used in this chapter, shall be construed to refer to a beer distributor.
Includes any person who manufactures for human consumption by the use of raw materials or other ingredients any beer 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.
Any alcoholic beverage obtained by the alcoholic fermentation of fruit juice, including but not limited to flavored, sparkling or carbonated cider. For the purposes of the distribution of this product, cider may be distributed by either wine and spirits wholesalers or beer distributors.
Any person primarily engaged in retailing a limited range of general household items and groceries, with extended hours of operation, whether or not engaged in retail sales of automotive fuels in combination with such sales.
Includes any person doing any such acts or carrying on any such business that would require such person to obtain a Class B wholesaler license hereunder.
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.
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, or special event license.
Any beverage, by whatever name designated, consisting of an alcoholic beverage and fruit or vegetable juice, fruit or vegetable flavorings, dairy products or carbonated water containing more than 1/2 of 1% of alcohol measured by volume but not more than 7% alcohol by volume at 60º F. and which is packaged in a container not larger than 375 milliliters. Such term shall include, but not be limited to, the beverage popularly known as a "wine cooler."
As used in connection with occupation tax, the site occupied as the places of business of the manufacturers, wholesalers, Class B wholesalers, retailers, mixed beverage licensees, caterers and special event licensees.
Any container of alcoholic beverage filled and stamped or sealed by the manufacturer.
Any person, customer or visitor who is not employed by a licensee or who is not a licensee.
Includes an individual, partnership, corporation or association.
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 Alcoholic Beverage Laws Enforcement (ABLE) Commission shall have the authority to designate areas to be excluded from the licensed premises solely for the purpose of: allowing the presence and consumption of alcoholic beverages, not bearing serially numbered identification stamps issued by the Oklahoma Tax Commission, by private parties which are closed to the general public; or allowing 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 provided in the Code of Ordinances of the City of El Reno occurring on the licensed premises.
Includes any person who sells any beer, as defined herein, at retail for consumption or use, and such definitions include state and county fair associations, and special licenses may be issued for the sale of beer, as herein defined, by such associations, and to other persons for the sale of such beer, at rodeos, picnics or other organized temporary assemblages of people. The term "retail dealer" also includes railways for the sale of such beverages, and licenses may be issued for each dining car or railway train, which railways and dining cars shall pay the same license fees as regular retail dealers.
The holder of a package store 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.
Includes any person doing any such acts or carrying on any such business or businesses that would require such person to obtain a wholesaler's license or licenses hereunder.
Includes any beverage containing more than 1/2 of 1% alcohol by volume and not more than 24% alcohol by volume at 60º 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.
[1]
Editor's Note: See 37 O.S. § 501 et seq.