Chapter 4
ALCOHOLIC BEVERAGES*
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State law references: Intoxicating liquors generally, 37 O.S. § 8 et seq.; Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq.; low-point beer, 37 O.S. § 151 et seq.; prevention of youth access to alcoholic beverages and low-point beer act, 37 O.S. § 601 et seq.; bottle clubs, 37 O.S. § 593.
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Article I.
In General
Sec. 4-1. Purpose; intent.
Sec. 4-2. Definitions.
Sec. 4-3. Drinking and intoxication in public place prohibited.
Sec. 4-4. Transporting beverages.
Sec. 4-5. Possession by minors.
Secs. 4-6– 4-28. Reserved.
Article II.
Intoxicating Beverages
Division 1.
Generally
Sec. 4-29. License fees for service organizations.
Secs. 4-30– 4-46. Reserved.
Division 2.
Occupation Tax
Sec. 4-47. Levied.
Sec. 4-48. When due and posting.
Sec. 4-49. Tax required.
Sec. 4-50. Civil penalty.
Secs. 4-51– 4-73. Reserved.
Division 3.
Certificates of Zoning and Compliance
Sec. 4-74. Application for certificate; investigations.
Sec. 4-75. Issuance of certificate of zoning and certificate of compliance.
Secs. 4-76– 4-93. Reserved.
Division 4.
Restrictions on Time and Location of Sales
Sec. 4-94. Compliance with zoning regulations required.
Sec. 4-95. Prohibited locations.
Sec. 4-96. Dates, hours on which sale prohibited.
Secs. 4-97– 4-120. Reserved.
Division 5.
Sale Regulations
Sec. 4-121. Compliance required.
Sec. 4-122. Condition of sale.
Sec. 4-123. Prohibited sales.
Secs. 4-124– 4-144. Reserved.
Division 6.
Premises Regulations
Sec. 4-145. Consumption prohibited in retail stores.
Sec. 4-146. Not to permit intoxicated person in cafe, club, etc.
Sec. 4-147. Nudity prohibited.
Sec. 4-148. Prohibited activities to stimulate consumption of alcohol.
Secs. 4-149– 4-179. Reserved.
Division 7.
Employee Regulations
Sec. 4-180. Prohibited employment.
Sec. 4-181. Employee solicitation prohibited.
Secs. 4-182– 4-200. Reserved.
Division 8.
Caterer and Special Event Regulations
Sec. 4-201. Limitations on purchase and transportation of alcoholic beverages.
Sec. 4-202. Prohibition upon licensees, employees, managers, operators, or agents of licensee.
Secs. 4-203– 4-227. Reserved.
Article III.
Nonintoxicating Beverages
Division 1.
Generally
Sec. 4-228. Definitions.
Secs. 4-229– 4-249. Reserved.
Division 2.
License
Sec. 4-250. Required.
Sec. 4-251. Fees.
Secs. 4-252– 4-280. Reserved.
Division 3.
Rules and Regulations
Sec. 4-281. Hours of sale.
Sec. 4-282. Unlawful transportation of nonintoxicating beverage.
Sec. 4-283. Prohibited location.
Secs. 4-284– 4-314. Reserved.
Division 4.
Minors
Sec. 4-315. Not to sell to minors.
Sec. 4-316. Possession by minors.
Sec. 4-317. Underage persons not to be employed.
Sec. 4-318. Not to permit minors to frequent bars; exceptions.
ARTICLE I.
IN GENERAL
Sec. 4-1. Purpose; intent.
This chapter is enacted as an exercise of the police power of the city to preserve the public peace, safety, health and good order thereof, and to aid the enforcement of the policy of the state as established by the Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq., and to establish annual occupation taxes upon all persons engaged in the manufacture, sale or distribution of alcoholic beverages.
(Code 2000, § 3-101; Ord. No. 537, 7-1-1985)
State law references: State alcoholic beverage regulations, generally, 37 O.S. § 501 et seq.; authority for regulation by local ordinance punishable by fines up to $1,000.00 and imprisonment up to 90 days, 37 O.S. § 503.
Sec. 4-2. Definitions.
For the purpose of this chapter, all of the terms and phrases used in this chapter shall be given the same use and meaning as defined by the Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq., except that:
Minor means a person who, in accordance with state law, has not yet attained the age at which consumption of alcoholic beverages is permitted.
State licensee means any person who holds a license issued under authority of the Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq.
(Code 2000, § 3-102; Ord. No. 537, 7-1-1985)
State law references: Definitions, 37 O.S. § 506.
Sec. 4-3. Drinking and intoxication in public place prohibited.
No person within this city shall drink intoxicating liquor in any public place except on the premises of a licensee of the Alcoholic Beverage Laws Enforcement (ABLE) Commission which is authorized to sell or serve alcoholic beverages by the individual drink. No person shall be intoxicated in a public place within this city.
(Code 2000, § 3-118)
State law references: Similar provision, 37 O.S. § 8.
Sec. 4-4. Transporting beverages.
It is unlawful to transport any alcoholic beverage, unless the same is:
(1) In an unopened original container with seal unbroken, and the original cap or cork not removed from the container; or
(2) In the trunk or other closed compartment or container out of public view and out of reach of and not accessible to the driver or any occupant of a vehicle.
(Code 2000, § 3-115)
State law references: Transportation of low-point beer, 37 O.S. §§ 163.15, 163.18A et seq.; transportation of wine, 37 O.S. § 537.3; transportation of intoxicating alcoholic beverages, 37 O.S. § 537.
Sec. 4-5. Possession by minors.
No person under the age of 21 years shall be in possession of any alcoholic or nonintoxicating beverage while such person is upon any public street, road or highway or in any public building or place.
(Code 2000, § 3-125)
State law references: Similar provision, 37 O.S. §§ 8.2, 537.
Secs. 4-6– 4-28. Reserved.
ARTICLE II.
INTOXICATING BEVERAGES
DIVISION 1.
GENERALLY
Sec. 4-29. License fees for service organizations.
The annual license fee for those service organizations which are exempt under section 501(c)(19) of the Internal Revenue Code for mixed beverage or bottle club licenses shall be in the amount provided in the city fee schedule.
(Code 2000, § 3-103; Ord. No. 537, 7-1-1985; Ord. No. 783, § 1, 5-1-2006; Ord. No. 785, § 1, 6-5-2006)
State law references: Authority for imposition of occupation tax on alcoholic beverages, 37 O.S. § 554.1; local license fees, not to levy greater than state licenses, 37 O.S. § 518.
Secs. 4-30– 4-46. Reserved.
DIVISION 2.
OCCUPATION TAX
Sec. 4-47. Levied.
There is hereby levied an annual tax not to exceed the amounts provided in the city fee schedule The occupation taxes prescribed in this division shall be reduced or prorated to the extent necessary to conform to applicable laws respecting the applicants or holders of state licenses.
(Code 2000, § 3-103; Ord. No. 537, 7-1-1985)
State law references: Authority for imposition of occupation tax on alcoholic beverages, 37 O.S. § 554.1.
Sec. 4-48. When due and posting.
(a) Any state licensee originally entering upon any occupation listed in the fee schedule in chapter 22 shall pay the tax therefor at the office of the city clerk on or before the date upon which he enters upon such occupation. The licensee shall provide a copy of his current state license before payment of an occupation tax will be accepted. All occupation taxes are payable annually before July 1, and shall expire on June 30 of each year. The occupation tax shall be prorated monthly for the year in which an occupation begins operations.
(b) Any state licensee carrying on his occupation in more than one location within the city limits shall be subject to the tax set out for each such location.
(c) Upon payment of the occupation tax as set out, the city clerk shall issue a receipt to the state licensee which licensee shall post in a conspicuous place on the premises wherein he carries on his occupation. The city clerk shall also record the name of such licensee and the address where he engages in his occupation and such records shall be duly filed and kept in the permanent files of that office for at least three years. Thereafter, upon approval of the governing body of the city, the records may be destroyed.
(d) The city clerk shall make and transmit to the state Alcoholic Beverage Laws Enforcement (ABLE) Commission an annual report covering the final year showing the number and class of businesses upon which occupation taxes were levied, and the amount of money collected from such taxes.
(Code 2000, § 3-104; Ord. No. 537, 7-1-1985)
Sec. 4-49. Tax required.
No person shall engage in any of the occupations taxed by this chapter without first paying the occupation tax imposed therefor in advance of such operation. In addition to all other applicable penalties, a penalty in the form of increased tax may be levied upon any person not paying the tax within 15 days after it is due.
(Code 2000, § 3-105; Ord. No. 537, 7-1-1985)
Sec. 4-50. Civil penalty.
All sums due from any person by reason of occupation taxes imposed by this chapter shall be recoverable at the suit of the city brought against such person in any court of competent jurisdiction. In such suit, in addition to the tax, the city shall be allowed to recover interest at the maximum allowable rate permitted by state law upon all sums due by way of tax, from the date of accrual thereof, any penalty, and all costs of collection, judicial or otherwise, including reasonable attorney's fees. Prosecution for an offense against the city arising out of the failure to pay a tax levied by this chapter, regardless of the outcome or its continued pendency, shall not constitute a defense or a bar in any manner to the collection of any tax and penalties, if any are due, as herein provided.
(Code 2000, § 3-106; Ord. No. 537, 7-1-1985)
Secs. 4-51– 4-73. Reserved.
DIVISION 3.
CERTIFICATES OF ZONING AND COMPLIANCE
Sec. 4-74. Application for certificate; investigations.
(a) Every applicant for a certificate of compliance with the zoning, fire, health and safety codes of the city required by 37 O.S. § 1 et seq. shall apply at the office of the clerk by filing a written application on forms prescribed by that office and paying a verification and certification fee in the amount set by the city commission at the time of filing.
(b) Upon receipt of an application for a certificate of compliance, the city shall cause an investigation to be made to determine whether the premises proposed for licensed operations comply with the provisions of the zoning ordinance and any health, fire, building and other safety codes applicable to it.
(c) The city shall act on all such applications within 20 days of receipt thereof.
(Code 2000, § 3-107)
State law references: Certificates issued by city prior to state licensing, 37 O.S. § 523; municipal authority for zoning regulations with regard to alcohol establishments, 37 O.S. § 528.2.
Sec. 4-75. Issuance of certificate of zoning and certificate of compliance.
(a) Upon finding that the premises of an applicant for a certificate is in compliance with all applicable zoning ordinances, a certificate of zoning shall be issued to the ABLE Commission.
(b) Upon finding that the premises of an applicant for a certificate is in compliance with all applicable fire, safety, and health codes, a certificate of compliance shall be issued to the ABLE Commission.
(c) The above certificates of compliance shall be signed by the mayor or by the city clerk.
(d) A conditional certificate may be granted if construction, modification or alteration of the premises proposed for licensed operations is not completed. The conditional certificate shall indicate that the proposed premises will comply with city zoning, fire, safety and health codes. A certificate in accordance with subsections (a) and (b) of this section shall be issued within ten days after all final inspections are complete.
(Code 2000, § 3-108)
Secs. 4-76– 4-93. Reserved.
DIVISION 4.
RESTRICTIONS ON TIME AND LOCATION OF SALES
Sec. 4-94. Compliance with zoning regulations required.
No retail alcoholic beverage package store, no bottle club, and no wholesale alcoholic beverage store, warehouse, brewery, distillery, winery or any other place, however described, and for the manufacture or production or bottling of alcoholic beverages of any kind, shall be located, maintained, or operated by any person, at any place within the boundaries of the city except at a location at which such an establishment is permitted or authorized by the zoning ordinances of the city. No person shall own, operate, maintain or be interested in any retail alcoholic beverage store which is located at a place within the city limits which is in violation of or forbidden as a location by the city or under the laws of the state.
(Code 2000, § 3-112)
State law references: Municipal authority for zoning regulations with regard to alcohol establishments, 37 O.S. § 528.2.
Sec. 4-95. Prohibited locations.
(a) The location of a retail package store, mixed beverage establishment or bottle club is specifically prohibited within 300 feet from any church property primarily and regularly used for worship services and religious activities, or public school. If any such church or school shall be established within 300 feet of any licensed premises after such premises have been licensed, this shall not be a bar to the renewal of such license so long as it has been in continuous force and effect. The distance indicated in this section shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of such package store, mixed beverage establishment or bottle club along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.
(b) A license shall not be issued for a location on any city block where a school or church is located. However, this subsection shall not bar the future issuance of or renewal of a retail package store license to any retail package store license holder or subsequent transferee of any license holder for a retail package store location that was approved and licensed by the predecessor of the ABLE Commission prior to January 7, 1978, so long as such license has been in continuous force and effect.
(Code 2000, § 3-113)
State law references: Similar provisions, 37 O.S. §§ 534, 537.
Sec. 4-96. Dates, hours on which sale prohibited.
(a) No person shall open for business or keep open for business or sell or deliver alcoholic beverages, as defined herein, to any person at a retail alcoholic beverage store in the city on any Sunday, New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day, or while the polls are open on the day of any general, primary, runoff primary or special election, whether national, state, county, or city, or any other day except between the hours of 10:00 a.m. and 9:00 p.m.
(b) 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. or during any period prohibited for sale by state law or the voters of the county in which the licensed premises is located.
(c) No wholesale dealer in alcoholic beverages, and no officer, agent or employee of such a dealer shall sell or deliver to any retail alcoholic beverage store within the city any amount of spirits or wines on Saturday of any week, on Sunday of any week, on New Year's Day, on Memorial Day, on the Fourth of July, on Labor Day, on Veteran's Day, on Thanksgiving Day, on Christmas Day, or, while the polls are open on the day of any general, primary, runoff primary, or special election, whether national, state, county or city.
(Code 2000, § 3-117)
Secs. 4-97– 4-120. Reserved.
DIVISION 5.
SALE REGULATIONS
Sec. 4-121. Compliance required.
No person shall sell at retail or otherwise, and no person shall deliver, in consequence of or in completion of such a sale, any alcoholic beverages at any place in the city except at a retail alcoholic beverage store in strict conformity with this chapter and the laws of the state.
(Code 2000, § 3-111)
Sec. 4-122. Condition of sale.
No person shall sell or deliver alcoholic beverages out of any retail alcoholic beverage store other than in retail containers, at ordinary room temperatures, in the original package, and for consumption off the premises. No person owning, employed in, or in any manner assisting in the maintenance and operation of such a store shall suffer, or permit any alcoholic beverage to be consumed, or any retail container of such beverage to be opened on the premises of such a store.
(Code 2000, § 3-109)
Sec. 4-123. Prohibited sales.
(a) No person shall knowingly sell, deliver or furnish alcoholic beverages at any place within the city limits to any person who is a minor. Neither shall any minor misrepresent his age verbally or in writing, or present false documentation of age or otherwise for the purpose of inducing any other person to sell him alcoholic beverages.
(b) No person shall sell, deliver or knowingly furnish alcoholic beverages within the city to an intoxicated person or to any person who has been adjudged insane or mentally deficient.
(Code 2000, § 3-141)
State law references: Possession by minors prohibited, 21 O.S. § 1215; sale or delivery to minors prohibited, 37 O.S. § 537.
Secs. 4-124– 4-144. Reserved.
DIVISION 6.
PREMISES REGULATIONS
Sec. 4-145. Consumption prohibited in retail stores.
No person shall drink or consume in any manner any alcoholic beverage on the premises of a retail alcoholic beverage package store, nor in any other public place. Neither shall a person open or break the seal of any original package or retail container containing alcoholic beverages on the premises of any such retail beverage store.
(Code 2000, § 3-110)
Sec. 4-146. Not to permit intoxicated person in cafe, club, etc.
No person operating a cafe, restaurant, club, or any place of recreation within this city, and no employee engaged in connection with the operation of such a cafe, restaurant, club or place of recreation shall permit any person to be drunk or intoxicated in the place of business.
(Code 2000, § 3-119)
Sec. 4-147. Nudity prohibited.
It is unlawful for any person to appear in a state of nudity in any business or establishment licensed pursuant to the provisions of the Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq.
(Code 2000, § 3-121)
State law references: Municipal authority to prohibit and regulate nudity in licensed establishments, 37 O.S. § 503.
Sec. 4-148. Prohibited activities to stimulate consumption of alcohol.
No business or occupation relating to alcoholic beverages as specifically enumerated herein shall give any alcoholic beverage as a prize, premium or consideration for any lottery, game of chance or skill, or any type of competition, nor shall such business or occupation advertise or offer "happy hours" or any other means of inducement to stimulate the consumption of alcoholic beverages, including but not limited to any of the following, to:
(1) Deliver more than two drinks to one person at one time;
(2) Sell or offer to sell to any person or group of persons any drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public;
(3) Sell or offer to sell to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
(4) Increase the volume of alcoholic beverage contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week; or
(5) Encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
The provisions of this section shall not prohibit the advertising or offering of food or entertainment in licensed establishments.
(Code 2000, § 3-122)
State law references: Municipal authority to prohibit and regulate drink solicitation in licensed establishments, 37 O.S. § 503.
Secs. 4-149– 4-179. Reserved.
DIVISION 7.
EMPLOYEE REGULATIONS
Sec. 4-180. Prohibited employment.
No minor shall be employed in the selling, manufacture, distribution or other handling of alcoholic beverages at any place within the city. No person shall employ or assist or aid in causing the employment of any minor at any place within the city in the selling, manufacture, distribution or other handling of alcoholic beverages; however, 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 minor shall be permitted to remain within or to loiter about the premises of a retail alcoholic beverage store. Violation of this provision shall subject the owner or proprietor, as well as the underage person, to prosecution.
(Code 2000, § 3-116)
Sec. 4-181. Employee solicitation prohibited.
It is unlawful for any licensee, owner, manager, or employee of any business or establishment licensed pursuant to provisions of the Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq., to permit an employee to solicit a patron to purchase an alcoholic or nonalcoholic beverage for the employee or any other employee, or knowingly serve any employee with a beverage purchased by a patron or permitting any employee to remain on the licensed premises who solicits a patron to purchase a beverage for any employee or who solicits a patron to purchase a beverage for himself or herself or for any person not a patron, or permitting an employee to mingle or fraternize with patrons of such licensed business or establishment except in the furtherance of service of food or drinks.
(Code 2000, § 3-120)
Secs. 4-182– 4-200. Reserved.
DIVISION 8.
CATERER AND SPECIAL EVENT REGULATIONS
Sec. 4-201. Limitations on purchase and transportation of alcoholic beverages.
No special event or caterer licensee shall:
(1) Purchase or receive any alcoholic beverage other than from a person holding a wholesaler or Class B wholesaler license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Act, 37 O.S. § 501 et seq.; or
(2) Transport alcoholic beverages from the place of purchase to his licensed premises unless the licensee also holds a private carrier license issued by the ABLE Commission.
(Code 2000, § 3-123)
Sec. 4-202. Prohibition upon licensees, employees, managers, operators, or agents of licensee.
No mixed beverage caterer or special event licensee or any employee, manager, operator or agent thereof shall:
(1) Consume or be under the influence of alcoholic beverages during the hours he is on duty. For the purpose of this section, licensees 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.
(2) 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.
(3) 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.
(4) Permit any illegal gambling activity, violations of the state narcotic and dangerous drug laws, or prostitution activity or any other criminal conduct to occur on the licensed premises.
(5) 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 have known 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 the licensed premises.
(6) Permit a sealed or unsealed container of alcoholic beverage to be removed from the licensed premises except by the caterer or licensee; 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.
(7) 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.
(Code 2000, § 3-124)
Secs. 4-203– 4-227. Reserved.
ARTICLE III.
NONINTOXICATING BEVERAGES*
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State law references: Low-point beer, 37 O.S. § 163.1 et seq.
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DIVISION 1.
GENERALLY
Sec. 4-228. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Low-point beer means beverages containing more than 0.5 percent alcohol by volume and not more than 3.2 percent 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.
Minor means a person who, according to state law, has not yet attained the age at which consumption of nonintoxicating beverages is permitted under state law.
Nonintoxicating beverages means all beverages containing more than 0.5 percent alcohol by volume and less than 3.2 percent alcohol by weight, including, but not limited to, low-point beer.
Place of business means each separate location or service unit in which or from which nonintoxicating alcoholic beverages are sold, delivered or otherwise furnished.
Retail dealer means and includes any person who sells any nonintoxicating alcoholic beverage as defined herein for consumption or use and not for resale.
(Code 2000, § 3-201)
State law references: Similar definitions, 37 O.S. § 163.2.
Secs. 4-229– 4-249. Reserved.
DIVISION 2.
LICENSE
Sec. 4-250. Required.
(a) It is unlawful and an offense for any person to sell, distribute or dispense within the city any nonintoxicating beverages to the public for consumption or use without first having obtained a license therefor from the city clerk. Every person desiring to engage in business as a retail dealer in nonintoxicating beverages or to continue in the business within the city shall make application to the city clerk on forms to be provided, setting forth the locations of the business, together with the applicant's address, and if a corporation, the name of the president and managing officer. The application shall show the date and permit number of the permits issued by the district court judge and the state tax commission as required by law.
(b) Upon a showing that the applicant has obtained his permits from the district court judge and the state tax commission and after payment of the license fee to the city, such license shall be issued forthwith. All licenses shall expire on June 30 of each year. Licenses issued hereunder shall not be assignable or transferable, and the fee shall not be prorated for part of the year. The city license shall be displayed in the licensee's place of business. The license may be cancelled for any violation of the laws of the state for which the licensee's county or state license may be cancelled, and in a similar manner.
(Code 2000, § 3-204)
State law references: Taxing and licensing of low-point beer retailers by state subdivisions, 37 O.S. § 163.10; retail permits issued by district court clerk, 37 O.S. § 163.11.
Sec. 4-251. Fees.
There is hereby levied on each retail dealer in nonintoxicating beverages within the city selling such beverages for consumption on or off the premises of the dealer's place of business an annual license fee in the amount provided in the city fee schedule and on each retail dealer selling such beverages exclusively in original packages (of not less than case lots) and not for consumption on his premises, an annual license fee in the amount provided in the city fee schedule A separate license fee shall be paid for each place of business, as herein defined, operated and conducted by the retail dealer.
(Code 2000, § 3-203)
State law references: State license fee, city not to levy greater fee, 37 O.S. § 163.7; authority for local licensing of low-point beer retailers and limitations on license fees, 37 O.S. § 163.10.
Secs. 4-252– 4-280. Reserved.
DIVISION 3.
RULES AND REGULATIONS
Sec. 4-281. Hours of sale.
It is unlawful for any owner, firm, person, operator, corporation, proprietor, or manager of any beer tavern, beer garden, beer hall, tap room or any other premises or place in which the principal business is that of selling nonintoxicating beverages for consumption on the premises to barter, sell, dispense or otherwise furnish nonintoxicating beverages for consumption on the premises of his place of business between the hours of 2:00 a.m. Sunday and 7:00 a.m. Monday, or between the hours of 2:00 a.m. and 7:00 a.m. on any other day.
(Code 2000, § 3-202)
State law references: Hours of sale restrictions, 11 O.S. § 213.
Sec. 4-282. Unlawful transportation of nonintoxicating beverage.
It is unlawful for any person knowingly to transport in any moving vehicle upon a public street or alley, or any public way within this city any nonintoxicating beverage unless:
(1) It is in the original container which shall not have been opened and from which the original cap or seal shall not have been removed; or
(2) If it is in an opened container, the opened container is in the rear 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 to any other person in the vehicle while it is in motion.
(Code 2000, § 3-209)
State law references: Transportation of low-point beer, 37 O.S. §§ 163.15, 16318A et seq.; transportation of wine, 37 O.S. § 537.3.
Sec. 4-283. Prohibited location.
(a) It is unlawful for any place licensed to sell nonintoxicating beverages for on-premises consumption to be located within 300 feet from any public school or church property primarily and regularly used for worship services and religious activities.
(b) If any public school or church shall be established within 300 feet of any place which sells nonintoxicating beverages for on-premises consumption after such place has been licensed, this shall not be a deterrent to the renewal of such license so long as there has not been a lapse of more than 60 days of operation by the licensee.
(c) The distance indicated in this section shall be measured from the nearest property line of such public school or church to the nearest public entrance door of the premises of any place licensed to sell such nonintoxicating beverages for on-premises consumption along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such public school or church shall be considered as if it were located on the same side of the street with the school or church.
(d) The restrictions in subsections (a) through (c) of this section shall not affect premises already licensed as of the initial effective date of the ordinance from which this section is derived to sell nonintoxicating beverages for on-premises consumption or premises which may presently or in the future be licensed to sell nonintoxicating beverages for on-premises consumption, even though a school or church is subsequently established within 300 feet of such licensed premises.
(Code 2000, § 3-210)
State law references: Sale in or near dancing places and time of sale regulated, 37 O.S. § 211 et seq.
Secs. 4-284– 4-314. Reserved.
DIVISION 4.
MINORS
Sec. 4-315. Not to sell to minors.
It is unlawful for any person to sell, offer, give away, procure for, barter or otherwise dispense to any minor any nonintoxicating beverage, or for any minor to purchase, receive, or procure any nonintoxicating beverage.
(Code 2000, § 3-205)
State law references: Possession by minors prohibited, 21 O.S. § 1215; sale or delivery to minors prohibited, 37 O.S. § 537.
Sec. 4-316. Possession by minors.
It is unlawful for a minor to be in possession of any nonintoxicating beverage while such person is upon any public street, avenue, alley, road, highway or public building or place. The term "possession" under the terms of this division shall consist of actual physical possession and shall further include any nonintoxicating alcoholic beverage or beer accessible or within the range of reach of hands of any such person.
(Code 2000, § 3-206)
State law references: Possession by minors prohibited, 21 O.S. § 1215; sale or delivery to minors prohibited, 37 O.S. § 537; possession by minors with intent to consume prohibited, 37 O.S. § 246.
Sec. 4-317. Underage persons not to be employed.
(a) It is unlawful for any owner, manager, operator or employee of a place where nonintoxicating beverages are sold for consumption on the premises to employ a person less than 18 years of age to work in such place; or for any person less than 18 years of age to work in such place. This subsection shall not apply to any licensed premises where sales of nonintoxicating beverages do not exceed 25 percent of the gross sales of the licensee.
(b) It is unlawful for any minor 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 nonintoxicating beverages. This subsection shall not apply to any area which has as its main purpose some objective other than the sale or serving of nonintoxicating beverages, in which sales or serving of nonintoxicating beverages are incidental to the main purpose.
(Code 2000, § 3-207)
State law references: Similar provisions, 37 O.S. § 243.
Sec. 4-318. Not to permit minors to frequent bars; exceptions.
(a) The owner of any bar, beer hall, tavern, or other place wherein any nonintoxicating beverage is dispensed for consumption on the premises shall not permit any minor to be admitted to, enter or remain in a separate enclosed bar area of the licensed premises which has as its main purpose the selling or serving of nonintoxicating beverages for consumption on the premises unless the person's legal guardian or parent is present, nor shall any minor enter or remain about such separate or enclosed bar area.
(b) This section shall not prohibit minors from being admitted to, entering or remaining in an area which has as its main purpose some objective other than the sale or serving of nonintoxicating beverages, in which sales or serving of nonintoxicating beverages are incidental to the main purpose, if the minors are not sold or served or do not consume nonintoxicating beverages.
(Code 2000, § 3-208)
State law references: Similar provisions, 37 O.S. §§ 241, 246.