[Adopted 9-1-1972 as Ch. 3, Art.
II, of the 1972 Code]
[Amended 6-17-1985 by Ord. No. 2500]
A.
There is hereby levied an annual occupation tax for
the privilege of operating as a retailer, wholesaler, Class B wholesaler,
mixed beverage licensee, caterer, special events licensee and airline/railroad
beverage licensee:
B.
The occupation tax for those service organizations
which are exempt under Section 501(c)(19) of the Internal Revenue
Code, and the fraternal orders and nonprofit organizations, for mixed
beverage licensees shall be $100 per year; provided that such tax
shall only apply to such persons, firms or corporations as have their
principal place of business within the City; and provided further
that if a Class B wholesaler also is the holder of a license from
the State of Oklahoma as a wholesaler of nonintoxicating malt beverages,
as provided in Title 37 of the Oklahoma Statutes, the occupation tax
herein levied shall be reduced by 75%.
[Amended 6-17-1985 by Ord. No. 2500]
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 day
the license is valid; said date to be specified on the license.
The tax levied by this article shall be collected
by and paid to the City Clerk, who shall execute an official receipt
therefor, and it shall be the duty of any person owing such tax to
pay the same when due without notice or demand.
The receipt issued by the City Clerk for payment
of the tax levied by this article shall be prominently displayed on
the premises of the business for which the tax was paid.
No refund of any occupational tax paid under
this article or any part thereof shall be made for any reason except
in the event the person paying the tax was not subject thereto. In
the latter event, a refund of such tax shall be made upon a verified
claim approved by the City Council.
Any person who shall fail to pay the occupation tax levied by this article when the same shall become due shall be punishable as provided in § 275-45 of this chapter. Each day's failure to pay such tax shall be deemed and considered a separate offense.
In addition to any criminal proceedings provided
for the nonpayment of the occupational tax levied by this article
and any other remedy provided by law, the City may prosecute a civil
action in the District Court of Canadian County for recovery of any
such tax due.
[Amended 6-17-1985 by Ord. No. 2500]
A.
A wholesaler license shall authorize the holder thereof
to purchase and import into this state spirits and wines from persons
authorized to sell same who are the holders of a nonresident seller
license, and their agents who are the holders of manufacturers agent
licenses; to purchase spirits and wines from licensed distillers,
rectifiers, winemakers and wholesalers in this state; to sell spirits
and wines in retail containers in this state to retailers, mixed beverage,
caterer, special event or airline/railroad beverage licensees; to
sell spirits and wines in containers with a capacity of less than 1/20
gallon to airline/railroad beverage licensees; to sell spirits and
wines to wholesalers authorized to sell same; and to sell spirits
and wines out of this state to qualified persons. Wholesalers shall
be authorized to place such signs outside their place of business
as are required by Acts of Congress and by such laws and regulations
promulgated under such acts.
B.
A wholesaler license shall authorize the holder thereof
to operate a single bonded warehouse with a single central office,
together with delivery facilities, at a location in this state only
at the principal place of business for which the wholesaler license
was granted.
C.
A Class B wholesaler license shall authorize the holder
thereof to purchase and import into this state beer from persons authorized
to sell same who are the holders of nonresident seller licenses, and
their agents who are the holders of manufacturers agent licenses to
purchase beer from licensed brewers and Class B wholesalers in this
state; to sell in retail containers to retailers, mixed beverage,
caterer, special event and airline/railroad beverage licensees in
this state, beer which has been unloaded and stored at the holder's
self-owned or leased and self-operated warehouse facilities for a
period of at least 24 hours before such sale; and to sell beer in
this state to Class B wholesalers and out of this state to qualified
persons, including federal instrumentalities and voluntary associations
of military personnel on federal enclaves in this state over which
this state has ceded jurisdiction.
D.
A package store license shall authorize the holder
thereof to purchase alcoholic beverages in retail containers from
the holder of a brewer, wholesaler or Class B wholesaler license and
to sell same on the licensed premises in retail containers to consumers
for off-premises consumption only and not for resale; provided that
all alcoholic beverages are to be sold at ordinary room temperature.
E.
A mixed beverage license shall authorize the holder
thereof to purchase alcoholic beverages in retail containers from
the holder of a wholesaler or Class B wholesaler license and to sell,
offer for sale and possess mixed beverages for on-premises consumption
only. A mixed beverage license shall only be issued in counties of
this state where the sale of alcoholic beverages by the individual
drink for on-premises consumption has been authorized. A separate
license shall be required for each place of business.
F.
A caterer license shall authorize the holder thereof
to sell mixed beverages for on-premises consumption incidental to
the sale or distribution of food. A caterer license shall only be
issued in counties of this state where the sale of alcoholic beverages
by the individual drink for on-premises consumption has been authorized.
A separate license shall be required for each place of business.
G.
A special event license shall authorize the holder
thereof to sell and distribute mixed beverages for consumption on
the premises for which the license has been issued for a period not
to exceed 10 consecutive days. A special event license shall only
be issued in counties of this state where the sale of alcoholic beverages
by the individual drink for on-premises consumption has been authorized.
H.
An airline/railroad beverage license shall authorize
the holder thereof to sell or serve alcoholic beverages in or from
any size container on a commercial passenger airplane or railroad
operated in compliance with a valid license, permit or certificate
issued under the authority of the United States or this state, even
though the airplane or train, in the course of its travel, may cross
an area in which the sale of alcoholic beverages by the individual
drink is not authorized, and to store alcoholic beverages in sealed
containers of any size at any airport or station regularly served
by the licensee, in accordance with the rules and regulations promulgated
by the Alcoholic Beverage Laws Enforcement Commission.
[Amended 6-17-1985 by Ord. No. 2500]
A.
Applicants for certificates required by Title 37 of
the Oklahoma Statutes shall make application in writing on the form
prescribed by the City Clerk. Upon proper showing, the City Clerk
shall issue a certificate of zoning showing that the applicant's proposed
location of principal place of business is proper and the proposed
location and use thereof complies with all municipal zoning ordinances.[1]
B.
The City Clerk shall also issue a certificate, upon
proper showing, certifying that the applicant's existing or proposed
operations under the license comply with all municipal fire codes,
safety codes and health codes.
[Amended 6-17-1985 by Ord. No. 2500]
A mixed beverage licensee who transfers his
license to a new location shall pay a transfer fee of $500.
[Amended 6-17-1985 by Ord. No. 2500]
No alcoholic beverages may be sold, dispensed,
served or consumed on the premises of a mixed beverage licensee between
the hours of 2:00 a.m. and 10:00 a.m.
[Amended 6-17-1985 by Ord. No. 2500]
No mixed beverage, caterer or special event
licensee or any employee, manager, operator or agent thereof shall:
A.
Consume or be under the influence of alcoholic beverages
during the hours he is on duty. For the purposes of this section,
a licensee will be deemed to be on duty from the time he first comes
on duty until the time he goes off duty at the end of the shift, including
any break periods permitted by management. This subsection shall not
apply to any person who works on the premises as an entertainer only.
B.
Permit or tolerate any conduct or language which is
intended to threaten another with physical harm or any fighting or
offensive physical contact, in or upon the licensed premises or areas
just outside the licensed premises which are controlled by the licensee.
C.
Permit empty or discarded alcoholic beverage containers
to be in public view outside the licensed premises. All empty or discarded
containers shall be disposed of in accordance with ABLE Commission
rules and regulations.
D.
Permit any illegal gambling activity, violations of
state narcotic and dangerous drug laws, or prostitution activity or
any other criminal conduct to occur on the licensed premises.
E.
Refuse or fail to promptly open a door to the licensed
premises upon request of an agent or inspector of the Alcoholic Beverage
Laws Enforcement Commission or any other peace officer to enter the
premises when the licensee or employee knows or should know that such
request is made by an agent or inspector of the ABLE Commission or
any other peace officer. This provision shall not be construed to
deny agents of the ABLE Commission or any other peace officer access
at any time to any licensed premises.
F.
Permit a sealed or unsealed container of alcoholic
beverage to be removed from the licensed premises; provided that restaurants,
hotels and motels may permit the removal of closed original wine containers
the contents of which have been partially consumed. The provisions
of this subsection shall not be construed to prohibit or restrict
hotels or motels who are holders of mixed beverage licenses from allowing
alcoholic beverages to be served away from the bar area anywhere on
the licensed premises.
G.
Destroy, damage, alter, remove or conceal potential
evidence, or attempt to do so, or refuse to surrender evidence when
lawfully requested to do so by an inspector, agent or any other peace
officer or incite another person to do any of the above.
[Amended 6-17-1985 by Ord. No. 2500]
If the premises of a licensee contain a separate
or enclosed lounge or bar area, which has as its main purpose the
sale or distribution, for consideration, of alcoholic beverages for
on-premises consumption, notwithstanding that, as an incidental service,
meals or short order foods are made available therein, no person under
21 years of age shall be admitted to such area. The provisions of
this section shall not prohibit persons under 21 years of age from
being admitted to an area which has as its main purpose some objective
other than the sale or mixing or serving of said beverages, in which
sales or serving of said beverages are incidental to the main purpose,
as long as the persons under 21 years of age are not sold or served
alcoholic beverages; however, the incidental service of food in the
bar area shall not exempt a licensee from the provisions of this section.
[Amended 6-17-1985 by Ord. No. 2500]
No mixed beverage, caterer, special event licensee,
nor any officer, director, stockholder, owner or manager thereof,
licensed pursuant to the provisions of this Part 1, shall violate
any of the provisions of the state alcoholic beverages law nor any
of the gambling laws of the state, nor knowingly permit the violation
thereof, on any premises subject to the control of the licensee.
[Amended 6-17-1985 by Ord. No. 2500]
Every mixed beverage club licensed pursuant
to state law shall provide adequate sanitary and toilet facilities.
[Amended 6-17-1985 by Ord. No. 2500]
No person shall operate or maintain a mixed
beverage club within the City unless such club is currently licensed
in accordance with this article.
[Amended 6-17-1985 by Ord. No. 2500]
A license issued under this article shall authorize
the operation of a club only at the location described in such license,
and in conformity with the ordinances of the City and laws of the
state and of the United States.
[Amended 6-17-1985 by Ord. No. 2500]
Every club having a license issued pursuant
to the provisions of the Oklahoma Alcoholic Beverage Control Act[1] shall display such license in a conspicuous place at all
times on the licensed premises.
[1]
Editor's Note: See 37 O.S. § 501
et seq.
[Amended 6-17-1985 by Ord. No. 2500]
No license issued pursuant to the provisions
of the Oklahoma Alcoholic Beverage Control Act shall be used or displayed
by any person other than the person to whom the license was issued.
