[Adopted 9-1-1972 as Ch. 19, Sec.
19-39, of the 1972 Code; amended in its entirety 1-2-1996 by Ord. No. 2802]
As used in this article, the following terms shall have the
meanings indicated:
Any beverage so defined pursuant to 37 O.S. § 506,
which states: "Alcohol beverage means 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, but does
not include low-point beer as that term is defined in Section 163.2
of this title."
Any beverage so defined pursuant to 37 O.S. § 163.2,
which states: "Low-point beer means and includes beverages containing
more than 1/2 of 1% alcohol by volume, and not more than 3.2%
alcohol by weight, including but not limited to beer or cereal malt
beverages obtained by the alcoholic fermentation of an infusion of
barley or other grain, malt or similar products."
Any individual, firm, fiduciary, partnership, corporation,
trust or association, however formed.
A driver's license or card issued for identification only
pursuant to 47 O.S. § 6-105, or other generally accepted
means of identification that describes the individual as 21 years
of age or older and contains a photograph or other likeness of the
individual and appears on its face to be valid.
A.
Every
person who sells alcoholic beverages at retail shall post conspicuously
and keep so posted at the place of business a sign stating the following:
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"IT'S THE LAW. WE DO NOT SELL ALCOHOLIC BEVERAGES
TO PERSONS UNDER 21 YEARS OF AGE."
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B.
A violation of Subsection A of this section constitutes a misdemeanor and, upon conviction thereof, a violator shall be assessed a fine not to exceed $50 for each day such offense occurred. The notices required by Subsection A of this section shall be the only notices required to be posted or maintained in any store that sells alcoholic beverages or low-point beer at retail.
A.
Every person engaged in the business of selling alcoholic
beverages or low-point beer at retail shall notify each individual
employed by that person as a retail sales clerk or server that state
law and municipal law:
(1)
Prohibit the sale or distribution of alcoholic beverages
and low-point beer to any person under 21 years of age and the purchase
or receipt of alcoholic beverages and low-point beer by any person
under 21 years of age; and
(2)
Require that proof of age be demanded from a prospective
purchaser or recipient if an ordinary person would conclude on the
basis of appearance that the prospective purchaser or recipient may
be under 21 years of age.
B.
This notice shall be provided before the individual
commences work as a retail sales clerk or server, or, in the case
of an individual employed as a retail sales clerk or server on the
date when this section becomes effective, within 30 days of that date.
The individual shall signify that he or she has received the notice
required by this section by signing a form stating as follows:
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"I understand that state law and municipal law
prohibit the sale or distribution of alcoholic beverages and low-point
beer to persons under 21 years of age, and require proof of age of
purchaser or recipient if an ordinary person would conclude on the
basis of appearance that the prospective purchaser or recipient may
be under 21 years of age. I have been advised on the law and I understand
the penalty for violating it."
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A.
All law enforcement agencies are authorized and empowered
to enforce the provisions of this article. The provisions shall be
enforced in a manner that can reasonably be expected to reduce the
extent to which alcoholic beverages and low-point beer are sold or
distributed to persons under 21 years of age.
B.
Persons under 21 years of age may be enlisted by law
enforcement agencies to assist in enforcement; provided, however,
that such persons may be used to test compliance only if the testing
is conducted under the direct supervision of the law enforcement officials,
and provided that written parental consent shall be obtained prior
to the use of any person under the age of 18 years. Any other use
of persons under 21 years of age to test compliance shall be unlawful
and constitute a misdemeanor punishable by a fine of not more than
$200.
