[Adopted 9-1-1972 as Ch. 3, Art.
I, of the 1972 Code; amended in its entirety 9-27-2018 by Ord. No. 9160]
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.
A.Â
No person shall receive, possess, sell, barter, give away, manufacture
or use any alcoholic beverages in violation of the constitution and
statutes of the state or the ordinances of the City.
C.Â
It shall be unlawful for any person, firm or corporation, or any
agent or employee thereof, to keep, maintain, or aid or abet in keeping
or maintaining, a place where any alcoholic beverage is manufactured,
sold, bartered, given away or otherwise furnished in violation of
law.
No person shall buy any alcoholic beverages, either at retail
or wholesale, from any person other than a dealer licensed under the
laws of the State of Oklahoma.
No person shall violate the open saloon prohibition as set forth in the constitution and the laws of Oklahoma. Any violation of this section shall be punishable as provided in § 275-45 of this chapter.
A.Â
It shall be unlawful for any retail dealer, whether permanent or
temporary at any place within the limits of the City, to sell, distribute
or dispense any beer without having first applied for and received
a license from the City Clerk. The annual fee for such a license shall
be $25 for a retail dealer selling beer for consumption on and off
the premises, and $25 for a retail dealer beer in original packages
and not for consumption on the premises. Such fee shall be paid to
the City Clerk at the time of issuance of the license.
B.Â
No license shall be issued under this section without a satisfactory
showing that the applicant has obtained all state and county permits
required by law and has in all other respects complied with the laws
of Oklahoma relating to the sale and distribution of beer. All licenses
issued under this section shall expire on June 30 of the year following
issuance. No such license shall be transferable.
No retail package store shall be conducted upon any premises,
unless such premises are 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; provided that it shall be unlawful for
any person to take any alcoholic beverage from such store through
such passageway for the purpose of selling, reselling or delivering
in connection with the sale of such alcoholic beverage.
Retail package stores may sell only alcoholic beverages in retail
containers in the original package for consumption off the premises.
All retail sales shall be made on the premises licensed by the state,
and no retail deliveries of alcoholic beverages shall be made off
the premises.
Any person selling or keeping a package store open to sell any
alcoholic beverage during any day or hours not authorized by the Oklahoma
Alcoholic Beverage Control Act,[1] and any person selling or permitting the sale of alcoholic
beverages at a grocery store, convenience store or drug store during
any day or hours not authorized by the Oklahoma Alcoholic Beverage
Control Act shall be guilty of a misdemeanor for a first violation,
and upon conviction shall be fined not more than $500, or imprisoned
in the county jail for not more than one year, or by both such fine
and imprisonment. Any person convicted of a second or subsequent violation
shall be guilty of a felony and shall be fined not less than $2,500
nor more than $5,000 or imprisoned in the state penitentiary for not
more than five years, or by both such fine and imprisonment.
[1]
Editor's Note: See 37 O.S. § 501 et seq.
No person holding a state package store license shall permit
any person under 21 years of age to enter into, remain within or loiter
about his licensed premises.
No person shall employ any person under the age of 21 in the
selling or handling of alcoholic beverages; provided that a mixed
beverage, caterer or special event licensee may employ servers who
are 18 years of age or older, except in designated bar or lounge areas.
No person shall knowingly sell, deliver or furnish any alcoholic
beverage to any person under 21 years of age.
It shall be unlawful for any person who holds a license to sell
and dispense alcoholic beverages or any agent, servant or employee
of said license holder to sell, barter or give to any person under
21 years of age any alcoholic beverage.
No person under 21 years of age shall misrepresent his/her age
in writing or by presenting false documentation of age for the purpose
of inducing any person to sell him/her either alcoholic beverages.
It shall be unlawful for any person under the age of 21 years
to be in possession of any alcoholic beverages while such person is
upon any public street, road or highway, or in any public building
or place.
No person shall knowingly sell, deliver or furnish alcoholic
beverages to an intoxicated person or to any person who has been adjudged
insane or mentally deficient.
A.Â
It shall be unlawful for any person who is drunk or in a state of
intoxication to appear or be upon or in any street, alley or other
public place, or for any person to drink intoxicating liquor or beverage
upon or in any street, alley or other public place within the City,
except on the premises of a licensee under City and state law who
is authorized to sell or serve alcoholic beverages by the individual
drink.
B.Â
It shall be unlawful for any person to drink, consume or possess
or control any open container of any alcoholic beverage on any City
street or alley or within the right-of-way thereof or within that
portion of any City park within 100 feet from the curbline of any
street or alley adjacent to said park.
No person operating a cafe, restaurant, club or any place of
recreation shall permit any person to be drunk or intoxicated in such
place of business.
No person shall knowingly transport in any vehicle upon the
public highways, streets or alleys of the City any alcoholic beverage,
except in the original container which shall not have been opened
and the seal upon which shall not have been broken, and from which
the original cap or cork shall not have been removed, unless the opened
container is in the trunk or rear compartment, which shall include
the spare tire compartment in a station wagon or panel truck, or any
outside compartment which is not accessible to the driver or any other
person in the vehicle while it is in motion.
It shall be unlawful for any person to loiter in any place where
any alcoholic beverage of any kind is bartered, sold, given away or
otherwise furnished in violation of law.
A.Â
It shall be unlawful for any person to sell any alcoholic beverage
or beer, of whatever description, on any land or within any premises
owned by the City of El Reno, except as hereinafter provided in this
section.
B.Â
It shall be lawful to sell beer or wine on any land or within any
premises owned by the City of El Reno if said vendor of beer or wine
has otherwise complied with all licensing requirements of state, federal
and municipal law. Said vendor may receive a municipal permit if said
permit is approved by a majority of the El Reno City Council. Said
permit shall be revocable by a majority vote of the El Reno City Council
at any meeting of the El Reno City Council upon which said revocation
is scheduled. In the event the City of El Reno revokes said permit
to sell beer or wine, the vendor shall receive notice of said proposed
revocation at least 30 days in advance of the scheduled City Council
meeting at which said revocation shall be considered. Said notice
of proposed revocation shall be to the vendor and shall be sent by
certified mail. Any vendor of beer or wine on municipal property who
holds a valid municipal license at the time of the adoption of this
section may continue to operate under said license, subject to the
revocation provisions of this section.
C.Â
A vendor of beer or wine selling beer or wine pursuant to a special
events permit at the El Reno Rodeo grounds shall also be required
to apply for a permit from the El Reno City Council. In the event
said permit is granted, the El Reno Rodeo facilities shall have the
grandstands available for public use marked in separate categories
of occupancy. A portion of the grandstands shall be designated for
occupancy and the possession or consumption of beer or wine and a
portion of the grandstands shall be designated for occupancy where
the possession and consumption of beer or wine are prohibited.
D.Â
Prior to receiving a permit under this section, all applicants shall
be required to submit proof of liability insurance, which liability
insurance shall not exclude coverage on account of any claims resulting
from the use or consumption of beer or wine. Said applicants shall
be required to have a valid license from the State of Oklahoma for
the sale of beer or wine, and all beer shall be served in the original
aluminum container, or in paper cups or in plastic cups. All wine
shall be served in paper cups or in plastic cups.
E.Â
The applicant shall be required to comply with all other applicable
ordinances of the City of El Reno and all laws of the State of Oklahoma
relating to the sale of beer or wine.
No person under 21 years of age shall consume beer as defined
in this Code in any public place, except as permitted by law. Any
person violating the provisions of this section shall be guilty of
a misdemeanor; provided that the provisions of this section shall
not apply when such persons are under the direct supervision of their
parent or guardian, but in no instance shall this exception be interpreted
to allow such person to consume such beverages in any place licensed
to dispense beverages.
A.Â
It shall be unlawful for any person under 18 years of age to be employed
or permitted to work, in any capacity whatsoever, in a place where
alcoholic beverages are sold or dispensed for consumption on the premises.
B.Â
It shall be unlawful for any person under the age of majority to
be employed or permitted to work, in any capacity whatsoever, in the
separate or enclosed bar area of a place where the main purpose of
the area is the sale or consumption of alcoholic beverages. The provisions
of this subsection shall not apply to any area which has as its main
purpose some objective other than the sale or serving of alcoholic
beverages, in which sales or serving of said beverages are incidental
to the main purpose; however, the incidental service of food in the
bar area shall not exempt a holder of a license to sell alcoholic
beverages for consumption on the premises from the provisions of this
subsection.
C.Â
As regards the employment of his or her own child or children, a
parent is excepted from the provisions of this section, provided that
such employment shall in no capacity whatsoever be related to the
selling or dispensing of such beverages.
From and after the effective date of this section, it shall
be unlawful for any place licensed to sell alcoholic beverages to
sell such beverages for consumption on the premises between the hours
of 2:00 a.m. and 7:00 a.m., except Saturday nights when such beverages
may not be sold between the hours of 2:00 a.m. and 12:00 noon on Sundays.
