[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:
(1) 
Wholesaler: $2,500.
(2) 
Class B wholesaler: $500.
(3) 
Retail package store: $600.
(4) 
Mixed beverage license: $500.
(5) 
Caterer: $75.
(6) 
Special event license, fee per day: $50.
(7) 
Airline/Railroad beverage license: $500.
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]
[1]
Editor's Note: See Ch. 361, Zoning.
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]
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]
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.
[Amended 6-17-1985 by Ord. No. 2500]
Any person who shall violate any provision of Chapter 275, Articles I, II, III, VIII and XXIII, of the Code of Ordinances shall be guilty of a misdemeanor and be fined not more than $200 in addition to any costs ordered by the court.