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HomeMy WebLinkAbout1149_Part 3_alcohol Code of Ordinances_Repeal_EstablishingK, Tulsa County Clerk - Michael Willis �`.•::r�,�':::6� Doc p 2019046566 Page(s): 7 05/30/2019 03:04:03 PM Receipt b 19 -28733 °ktAHOMQ* Fee: $ 25.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1149 AN ORDINANCE RELATING TO PART 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES, CITY OF OWASSO; AMENDING IN PART AND REPEALING IN PART VARIOUS CHAPTERS AND SECTIONS; ESTABLISHING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): Part 3, Alcoholic Beverages, Chapter 1, Alcoholic Beverages, Taxation, and Regulation, Sections 3 -101 through Section 3 -125 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -101 PURPOSE This code 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 Control Act. State Law Reference: See Title 37A of the Oklahoma Statutes. SECTION 3 -102 DEFINITIONS As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "ABLE Commission" or "Commission" means the Alcoholic Beverage Laws Enforcement Commission 2. "Alcohol" means and 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 3. "Alcoholic beverage" means alcohol, spirits, beer and wine 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 4. "Applicant" means any individual, legal or commercial business entity, or any individual involved in any legal or commercial business entity allowed to hold any license issued in accordance with the Oklahoma Alcoholic Beverage Control Act 5. "Beer' means 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 Ordinance 1149 Page t of 7 8 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 6. 'Beer keg" means any manufacturer - sealed, single container that contains not less than four (4) gallons of beer; 7. 'Beer distributor' means and 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. 8. 'Brewer' means and 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; 9. 'Brewpub" means 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; 10. "Cider' means 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; 11. "Convenience store" means 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; 12. "Distiller' means any person who produces spirits from any source or substance, or any person who brews or makes mash, wort or wash, fit for distillation or for the production of spirits (except a person making or using such material in the authorized production of wine or beer, or the production of vinegar by fermentation), or any person who by any process separates alcoholic spirits from any fermented substance, or any person who, making or keeping mash, wort or wash, has also in his or her possession or use a still; 13. "Mixed beverages" means 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, public event, charitable event or special event license; 14. "Motion picture theater' means an establishment which is licensed to sell alcoholic beverages by the individual drink and where motion pictures are exhibited, and to which the general public is admitted; 15. "Private event" means a social gathering or event attended by invited guests who share a common cause, membership, business or task and have a prior established relationship. For purposes of this definition, advertisement Ordinance 1149 Page 2 of 7 for general public attendance or sales of tickets to the general public shall not constitute a private event; 16. "Public event" means any event that can be attended by the general public; 17. "Rectifier' means any person who rectifies, purifies or refines spirits or wines by any process (other than by original and continuous distillation, or original and continuous processing, from mash, wort, wash or other substance, through continuous closed vessels and pipes, until the production thereof is complete), and any person who, without rectifying, purifying or refining spirits, shall by mixing (except for immediate consumption on the premises where mixed) such spirits, wine or other liquor with any material, manufactures any spurious, imitation or compound liquors for sale, under the name of whiskey, brandy, rum, gin, wine, spirits, cordials or any other name; 18. "Retailer" means a package store, grocery store, convenience store or drug store licensed to sell alcoholic beverages for off - premise consumption pursuant to a Retail Spirits License, Retail Wine License or Retail Beer License; 19. "Small brewer' means a brewer who manufactures less than twenty -five thousand (25,000) barrels of beer annually pursuant to a validly issued Small Brewer License hereunder; 20. "Special event" means an entertainment, recreation or marketing event that occurs at a single location on an irregular basis and at which alcoholic beverages are sold; 21. "Spirits" means any beverage other than wine or beer, which contains more than one -half of one percent (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; 22. "Wine and spirits wholesaler" or "wine and spirits distributor' means and includes any sole proprietorship or partnership licensed to distribute wine and spirits in the state. The term 'wholesaler', as used in this act, shall be construed to refer to a wine and spirits wholesaler; and 23. "Wine" means and includes any beverage containing more than one - half of one percent (1/2 of 1 %) alcohol by volume and not more than twenty -four percent (24 %) alcohol by volume at sixty (60) degrees Fahrenheit 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. Ordinance 1149 Page 3 of 7 SECTION 3 -103 OCCUPATION TAX LEVIED There is hereby levied an annual occupation tax upon each person, firm, or corporation engaged within this city in any of the following occupations hereinafter named, in the following sums respectively set opposite the designation of each such occupation: Brewer License $1,250 Small Brewer License $125 Small Brewer Self- Distribution License $325 Brew pub License $500 Brew pub Self- Distribution License $325 Distiller or Rectifier License $3,125 Winemaker License $625 Small Farm Winery License $75 Winemaker Self- Distributor License $325 Wine and Spirits Wholesaler $3,000 Beer Distributor $750 Retail Spirits over 5,000 $400 Retail Wine License $500 Retail Beer License $250 On- Premises Mixed Beverage and /or Caterer License $500 On- Premises Beer and Wine License $250 Annual and /or Quarterly Special Event License not public) $25 Annual Public Event License $500 One -Time Public Event License $125 Hotel Beverage License $500 SECTION 3 -104 OCCUPATIONAL TAX TO BE PAID; RECORDS All occupational taxes shall be paid in advance to the City of Owasso, who shall issue a receipt. The City Clerk shall record the name of the person or entity paying the occupational tax, and the address of the business. Such records shall be duly filed and kept in the permanent files of the City for at least five (5) years, at which time such records may be destroyed. SECTION 3 -105 EXPIRATION DATE; PRORATION; NO REFUNDS A. All occupational taxes levied under the provisions of this chapter expire on June 30th of each year. B. The amount of any occupational tax levied for less than a full year shall be prorated by month. C. Once the tax has been paid, no refunds may be made. Ordinance 1149 Page 4 of 7 SECTION 3 -106 CERTIFICATES OF COMPLIANCE A. An application for a certificate of compliance, on forms furnished by the City, shall be completed by every applicant for an original license pursuant to the Oklahoma Alcoholic Beverage Control Act. B. The applicant's proposed location and use thereof must comply with all municipal zoning ordinances. C. The applicant's proposed site and structure must comply with all state and municipal building codes. D. The applicant's proposed site, structure, and location must comply with all fire and life safety codes. E. The applicant's proposed location and use thereof must comply with all state and municipal provisions regarding food service requirements. F. The certificate of compliance may be executed by the City Manager or their designee. SECTION 3 -107 DAYS AND HOURS OF OPERATION A. No retail spirits store to which the retail spirits store occupational tax is applicable shall be open for the purpose of selling any alcoholic beverage at any hour other than between the hours of 8:00 a.m. and Midnight, Monday through Saturday. No sales shall be made, or retail spirits store be allowed to remain open for the purpose of doing business, making sales, or receiving deliveries of alcoholic liquors, on Thanksgiving Day or Christmas Day. B. No establishment to which the mixed beverage or on- premises beer and wine occupational tax is applicable shall be open to the public between the hours of 2:00a.m. and 6:00 a.m. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a mixed beverage, caterer, public event, charitable event, special event, on- premises beer and wine, between the hours of 2:00 a.m. and 8:00 a.m. C. No brewery or brewpub to which the brewery or brewpub occupational tax is applicable shall be open to the public between the hours of 2:00 a.m. and 6:00 a.m. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a small brewer or brewpub licensee between the hours of 2:00 a.m. and 8:00 a.m. SECTION 3 -108 OFFENSES A. It is an offense for any person under the age of twenty -one (21) years to be employed in the selling or handling of alcoholic beverages within this City. B. It is an offense to sell, furnish, or give any alcoholic beverage to any person under twenty -one (21) years of age, or to any intoxicated, insane, or mentally deficient person. C. It is an offense to permit any person under twenty -one (2 1) years of age to enter into, remain within, or loiter about the premises of any retail spirits store, except as specifically permitted by the provisions of the Oklahoma Alcoholic Beverage Control Act. Ordinance 1149 Page 5 of 7 D. It is an offense for any person to misrepresent their age in writing or by presenting false documentation of age for the purpose of inducing any person to sell them an alcoholic beverage. SECTION 3 -109 ADVERTISING It is an offense for any person to advertise, or cause to be advertised, in any manner, the sale of alcoholic beverages, except as specifically permitted by the provisions of the Oklahoma Alcoholic Beverage Control Act. SECTION 3 -1 10 PERSON NOT TO CONSUME ON PREMISES It is an offense for any person to open a retail container or consume alcoholic beverages on the premises of a package store, grocery store, convenience store or drug store, unless otherwise permitted by law. SECTION 3-111 TRANSPORTATION It is an offense for any person to transport in any vehicle upon any public highway, street, or alley, any alcoholic beverage, unless such alcoholic beverage is: A. In an unopened original container with seal unbroken and the original cap or cork not removed from the container; or B. In the trunk or other closed compartment or other container, and out of reach of the driver or any occupant of the vehicle. SECTION 3 -1 12 NOT TO PERMIT INTOXICATED PERSONS ON PREMISES It is an offense for any person, whether as owner, manager, operator, or employee, of any cafe, restaurant, club, or any place of recreation within the city, to permit any person to be or to become drunk, intoxicated, or to be under the influence of intoxicating drink at such place. SECTION 3 -113 SEPARATE OFFENSES Each day's violation of this chapter shall constitute a separate offense; but nothing herein contained shall be construed as determining that not more than any one such offense can be committed in any one day by the same person. SECTION 3-114 CONSUMING SPIRITS IN PUBLIC; INTOXICATION It is unlawful for any person to consume spirits in public except on the premises of a licensee of the ABLE Commission who is authorized to sell or serve spirits by the individual drink, or be intoxicated in a public place. SECTION 3-115 PENALTY Any violation of any provision contained in this chapter is an offense against the City; upon conviction of any such offense, the violator shall be punished as provided in Section 1 -108 of this code. SECTION TWO (2): Part 3, Alcoholic Beverages, Chapter 2, Non - Intoxicating Beverages, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed in its entirety. Ordinance 1149 Page 6 of 7 SECTION THREE (3): Part 3, Alcoholic Beverages, Chapter 3, Private Clubs, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed in its entirety. SECTION FOUR (4): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION FIVE (5): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION SIX (6): CODIFICATION This ordinance shall be codified in Part Three (3), Alcoholic Beverages, of the Owasso Code of Ordinances. SECTION SEVEN (7): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION EIGHT (8): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. of gs G APPROVED this 21St Day of May, 2019. Kelley, Mayor ATTEST: IM APPROVED AS TO FORM: lie Lombardi, City Attorney Ordinance 1149 Page 7 of 7 Weekly Group CITY OF OWASSO /LEGALS Arm Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter' Sand Springs Leader Sklatcok Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP Account Number P.O. BOX 1770 TULSA, OK 74102 -1770 1015023 Date June 05, 2019 i Date Category Description Ad Size Total Cost 06/05/2019 Legal Notices ORDINANCE 1149 2 x 377.110 CL 482.56 570589 Published In the Owasso Reporter, Owasso, Tulsa Coun- tv, Oklahoma, June 5, 2019. CITY OF OWASSO, OKLAHOMA ORDINANCE 7199 AN ORDINANCE RELATING TO PART 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES, CITY OF OWASSO; AMENDING IN PART AND REPEALING IN PART VARIOUS CHAPTERS AND SECTIONS; ES- TABLISHING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDI. NANCES IN CONFLICT COUNCIL THEREFORE, THE CITY IT ORDAINED BY OFOWASSO, OKLAHOMA, THAT TO WIT: acted as an exercise of the Milo power of serve the Public Peace, safety, health, and 'eat, and to old the enforcement of the poll - as established by the Oklahoma Alcoholic �ol Act. ference• See Title 37A of the Oklahoma DEFINITIONS chapter, the Tollawing terms shgll have respectively ascribed to them In this 1. 'ABLE Commission' or 'Commission- means the Al- coholic Beverage Laws Enforcement Commission 2. 'Alcohol' means and Includes hydrated oxide of ethyl, ethyl alcohol, ethanol o spirits of wine, from whatever source or by whatever process produced. It does not In- clude wootl alcohol or alcohol which has been denatured or Produced as denatured In accordance with Acts of Con- gress antl regulatlans Promulgated thereunder a. -Alcoholic beverage• means alcohol, spirits, beer and wine and also Includes every liquid or wild, Patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human belnas 4. 'Applicant' means any individual, legal or commer. CIO[ business entity, or any individual Involved In any legal or commercial business entity allowed to hold any license Issued in accordance with the Oklahoma Alcoholic Beverage Control Act S. 'Beer' means any beverage of alcohol by volume and obtained by the alcoholic fermentation of an Infu- sion or decoction of barley, or other grain, malt or simi- lor products. • Beer- may or may not contain hops or oth- er 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 6.' Beer keg' means any manufacturbramled, single con. talner that contains not less than four (4) gallons of beer; 7. 'Beer distributor- mean and Includes any Person li- censed to distribute beer (or retail sale in the state, but does not Include a holder of a small brewer self- distribution license or breWoub self-distribution It- cense. B. -Brewer- means and Includes any Person who man- ufactures for human consumption by the use of raw ma. terials or other Ingredients any beer upon which a license fee and a tax are Imposed by any law of this state: 9. 'BrmPub- means a licensed establishment operated on the Premises of, or on Premises located Contiguous to, a small brewer, that Prepares and serves food and bever- ages, Including alcoholic beverages, for on- Premises con- sumption; 10. 'Cider' means any alcoholic beverage obtalned by the alcoholic fermentation o fruit lulce, Including but not limited to flavored, sparkling or carbonated cid- er. For the Purposes of the distribution of this Prod. uct, cider may be distributed by either wile and sPl- rlts wholesalers or beer distributors; 11. 'Convenience store- means any person Primarily engaged In retelling a limited range of general house hold n, whether or not engaged In extended sales ofrautomotive fuels In combination With such sales; from ainy sourcmeans r ubstance or am person who brews or makes mash, wort o wash, fit for distillation or for the Production of spirits (except a person making or us. Ing such material In the authorized Production of wine or beer, or the Production of vinegar by fermentation), or any person who by any Process separates alcohol. he spirits from any fermented substance, or any Par- son who, making or keeping mash, wort or wash, has also In his or her possession or use a still; 13. "Mixed beverages' means one or more servings of a beverage composed in whole or Part of an alto holic 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, Rublic event, charitable event or special event I. cense; Affidavit of Publication Valerie Praytor of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, . a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW 06/052019 Newspaper reference: 000000570589 I/ V ✓`i.i/i ---- - - - - -H Legal Represents e z o O O , al f .Y o a' i J an ri Swam to and subscribed before me this date: � 0 ti � w a z JUN 0 5 2019 U Z m e i Z co °, a o; Notary Public Z #; My Commission expires: _ DEC 0 8 2022 1- - - ---- o 14. 'Motion Picture theater- means on establishment which is licensed to sell alcoholic beverages by the Indl. vldmi drink and where motion pictures are exhibited, and to which the general Public Is admitted; I5. 'Private event- means a soclol gathering or event at. tended by invited guests who share a common cause, membership, business or task and have o prior estabOsh- ed relationship. For urposes of this definition, advertise- Meat for general public attendance or soles of tickets to the general public shall not constitute a Private event; 16. - Public event' means any event that can be attend- ed by the general public; Has orarefinees Spirits or any les by any Proceesss(Other than by original and continuous distillation, or orial- nll and continuous Processing, from mash, wort, wash or other substance, through continuous closed vessels and Pipes, until the Production thereof Is cam. Plete), refining spirits, hall by mixing (except far lm C- spirlts, wine or other liquor uor with)any moerial,xmanu co- tuns any spurious, Imitation or compound liquors for sale, under the name Of whiskey, brandy, rum, gin, wine, spirits, cordials or any other name; 18. 'Retailer- means a Package stare, grocery store, con. venience store or drug stare licensed to sell alcoholic beverages for oN- premise consumption Pursuant to a Retail Saints License, Retail Wine License or Retail Beer License; 19. 'Small brewer- means a brewer who monufac. lures less than twenty -live thousand (25,000) barrels of beer annually Pursuant to a validly Issued Small Brewer License hereunder; 20. 'Special event' means an entertainment, recreation or marketing event that occurs at a single location on an Irregular basis and at which alcoholic beverages are sold; nl l� °7 21. 'Spirits' means any beverage other than wine or beer, which contains more than one -half of one Percent (1/2 of 1 %) alcohol measured by volume, and ob. tained by distlllatian, whether or not mixed with oth- er substances in solution and Includes those products known as whiskey, brandy, rum, gin, vodka, II- queurs, cordials and fortified wines and similar com. Pounds, but shall not Include any alcohol liquid Com- PlefelY denatured In accordance with the Acts of Con. gress and regulations pursuant thereto; 22. 'Wine and spirits wholesaler' or 'Wine and spi- rits distributor' means and includes any sole Proprie- torship or Partnership licensed to distribute wine and sPI- NIS In the state. The term 'wholesaler', as used in this act, shall be construed to refer to a wine and spirits wholesaler and 23. 'wine- means and Includes any beverage containing more man one -half of one Percent (1/2 of 1 %) alcohol by volume and not more than twenty -four percent (24 %) alcohol by volume at sixty (60) degrees Fahrenheit 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. SECTION 3 -103 OCCUPATION TAX LEVIED There Is hereby levied an annual occupation tax upon each Person, Rrm, or Corporation engaged within this city In any of the following occupations hereinafter milled, In the following sums respectively set oppo- site the dmignatlon of each such occupation: Brewer License $1,250 Small Brewer Licens $125 Small Brewer Self- Distribution License $325 Brewpub License Brewpub Self - Distribution Licens 25 Distiller Or Rectifier License $3,125 Wlnemaker Licens $625 Small Farm Winery Lkenso $75 Wlnemoker Self - Distributor Licens $325 Wine and Spirits Wholesaler $31W0 Beer Distributor $750 Retail Spirits over 5,000 $400 Retail Wine Licens $Soo Retail Bear Licens $250 On- Premises Mixed Beverage and/or Caterer License $500 On- Premises Beer and Wine Licens $250 Annual and/or Quarterly Special Event License (not public) $25 Annual Public Event License SSaa One -Time Public Event Licens $725 Hotel Beverage License $500 SECTION 3-1D4 OCCUPATIONAL TAX TO BE PAID: RECORDS All aof OW SSO, axes shall ss paid in advance to the City of Owosso, who shall Issue o receipt. The City Clerk shall record the name of the person ss entity the ac tax, and the address of the business. records Such records ds shall be duly flied and kept In the Permanent files of the records for y least floe d. Years, at which time such records may be destroyed. SECTION &lay EXPIRATION DATE: PRORATION: NOR UNDS A. All aCoexpire o taxes levied Under each the provisions of this chapter expire on June 30th of each axle. than The amount a any ocrated by tax levied for less than n full near shall be Prorated by mods §=LION 1106x hCERTIFiC1ATES OFOCOMPLIAN made. A. An application or a certificate of compliance, an forms furnished by the City, shall be completed by every applicant for an original license pursuant to the 01,10c, Ma Alcoholic Beverage Control Act. B. The applicant's Proposed location and use thereof must comply with all municipal Coning ordinances. C. The applicant's Proposed site and structure must com- ply with all state and municipal building codes. D. The applicant's Proposed site, structure, and location must comPly with all fire and Ito safNV codes. E. The applicant's Proposed location and use thereof must comply with all state and municipal Provisions rE sanding food service requirements. F. The certificate of Compliance may be executed by the TI Manager AYS AND HOURS OF OPERATION A. No retail spirits store to which the retail spirits store Occupational fax is applicable shall be open for the Pur- pose of selling any alcoholic beverage at any hour other than between the hours Of 8:00 a.m. and Midnight, Molt day through Saturday. No sales shall be made, or retail spirits store be allowed to remain open for the Purpose of doing business, making sales, or receiving deliveries of alcoholic liquors, on Thanksgiving Day or Christmas Day. B. No establishment to which the mixed beverage or ow Premises beer and wine Occupational tax Is applicable shall be Open to the public between the hours of 2:00a.m. and 6:00 a.m. No alcoholic beverages may be sold, dispensed, served or consumed on the Prem- Ises of a mixed beverage, caterer, Public event, chari- table event, special event, on- premises beer and wine, between the hours of 2:00 a.m. and B:Bo a.m. C. No brewery or brewpub to which the brewery or brewpub Occupational tax Is applicable shall be open to the Public between the hours of 2:00 a.m. and &M a.m. No alcoholic beverages may be sold, dispensed, served or consumed on the Premises of a small brewer or brewpub licensee between the hour of 2:00 a.m. and 8:00 a.m. SECTION 3 -lag OFFENSES A. It is an offense for any Person under the age of twenty-one (21) years to be employed In the selling or handling of alcoholic beverages within this City. B. It Is an offense to sell, furnish, or give any alcoholic beyeraPe to any person under twenty -one (21) years of age, or to any Intoxicated, Insane, or mentally deficient person. C. It Is an offense to Permit any person under twenty -one (21) Years of age to enter Into, remain within, or lolter about the Premises of any retail spirits stare, except as specifically Permitted by the provisions of the Oklahoma Alcoholic Beverage Control Act. D. It Is an offense for any Person to misrepresent their age In writing or by Presenting false documentation of age for the purpose Of Inducing any Person to sell them an alcoholic beverage. SECTION 3.1W ADVERTISING It is an offense for any person to advertise, or Cause to be advertised, In any manner, the sale of alcoholic beverag- es, except as specifically Permitted by the Provisions of If Is on offense for any Person to open a retail container or consume alcoholic beverages on the Premises of a nnrknae store. ar rV stare, convenience store or drug offense or any Person to transport In any vehicle ny public highway, street, or alley, any alcoholic ae, unless such alcoholic beverage Is: m unopened original container with seal unbroken original cap or cork not removed ham the con - or the trunk or other closed compartment or other or, and dui of reach of the driver or any occupant It is an offense for any Person, whether as owner, manag- er, operator, or employee, of any cafe, restaurant, club, or any Place of recreation within the city, to permlt any person to be or to become drunk, Intoxicated, or to be un- SECTIONf 311] a SEIPARATE OFFENSES 0h Place. Each day's Violation of this chapter shall constitute a sep- arate offense; but nothing herein contained shall be construed as determining that not more than any one such offense can be committed In any one day by the some Person. nua usiur spl_Rlrs iu PUBLIC: SECTION 3.114 e_.__. --- INTOXICATION It is unlawful for any person to consume spirits In public except on the premises of o licensee of the ABLE Com- mission who Is authorized to sell or serve spirits by the In- dividual ink, r be Intoxicated In a public place. Any violation of any provision Contained In this chapter Is an offense against the City: upon conviction of any such offense, the violator shall be punished as Provid- ed in Section 1 -108 of this code. ECTION TWO (2): Part 3, Alcoholic Beverages, Chap - -r 2, Non -Intox cuting Beverages, of the Cade of Ordl- onces of iha C�ty of Owasso, Oklahoma, is hereby re, FOUR (4): REPEALER ordinances or parts of ordinances in conflict be, and the same are hereby expressly re- FIVE (5): SEVERABILITY (3), Alco That there be filed In the office of the County. Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION EIGHT (B: DECLARING AN EFFECTIVE DATE The Provisions of this ordinance shall become effective thirty (30) days from the date of final passage as Provid- ed by state low. PASSED by the City Council of the City of Owasso, Okla- homa on the 21st day of Mw, 2019. /s/ Bill Bush, Vice Mayor for Chris Kelley, Mayor ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney s� REAL People -FEALC racier REAL Cammunlry TO: FROM: SUBJECT: DATE: BACKGROUND: The Honorable Mayor and City Council Julie Trout Lombardi City Attorney and General Counsel APPROVED BY COUNCIL MAY Z 1 2019 Ordinance 1149 Amending Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and Ordinance 1150 Amending Part 9, Licensing and Business Regulations. May 17, 2019 The Oklahoma Statutes governing all aspects of alcoholic beverage sales and regulation were recently amended by the Oklahoma State Legislature in Titles 37 and 37A. Under the new law, primary oversight and regulation of alcohol brewing, sale and distribution is granted to the Alcoholic Beverage Laws Enforcement (ABLE) Commission rather than municipalities and many particulars of alcohol regulation have changed. As a result, it is necessary for the City of Owasso to amend its Code of Ordinances to comply with state law. Part 3, Alcoholic Beverages Chapter 1, Alcoholic Beverages; Taxation and Regulation This Chapter contains a number of amendments. Most significantly, Section 3 -103 establishes occupation taxes for various aspects of alcohol brewing, sale and distribution. State law allows municipal occupation taxes to equal those charged by the State. The occupation taxes contained in this ordinance are less than that allowed by the State and are proposed following several work session discussions deliberating the appropriate amounts for each category. An additional significant change is contained in Section 3 -124 of this chapter. This section allows, as mandated by State law, that only 'spirits" are prohibited from being carried or consumed by a person on public streets or areas within a city. "Spirits," by state law definition, does not include beer or wine. Thus, the Code of Ordinances will no longer prohibit or penalize persons from consuming beer or wine in public venues. Chapter 2, Non - Intoxicating Beverages This chapter regulates the sale and consumption of "3.2" beer. The subject matter within this chapter is no longer relevant and should be repealed in its entirety. Chapter 3, Private Clubs This chapter regulates the licensure and operation of private clubs serving alcohol. The subject matter within this chapter is no longer relevant and should be repealed in its entirety. Part 9. Licensing and Business Regulations Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer This chapter establishes a license fee schedule and provides penalties for failure to pay the required fee. Permit fees of this type are no longer statutorily permissible and this chapter should be repealed in its entirety. RECOMMENDATION: Staff recommends adoption of Ordinance No. 1149 amending Chapter 1, Alcoholic Beverages; Taxation and Regulation, of Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and additionally repealing Chapter 2, Non - Intoxicating Beverages, and Chapter 3, Private Clubs, of Part 3 in their entirety. Staff further recommends adoption of Ordinance No. 1 150 repealing Chapter 5, License for Sale and Serving of Alcohol and 3.2 Beer, of Part 9, Licensing and Business Regulations of the Code of Ordinances. ATTACHMENTS: Ordinance 1149 Ordinance 1150