HomeMy WebLinkAbout1150_Part 9 Repeal Ch 5_Establish Tax_alcohol�TO�v Tulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1150
AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS
REGULATIONS, OF THE CODE OF ORDINANCES, OF THE CITY OF OWASSO;
REPEALING CHAPTER 5, LICENSE FOR THE SALE AND SERVING OF ALCOHOL
AND 3.2 BEER; 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 9, Licensing and Business Regulations, Chapter 5, License for the
Sale and Serving of Alcohol and 3.2 Beer, of the Code of Ordinances of the City of
Owasso, Oklahoma, is hereby repealed in its entirety.
SECTION TWO (2): REPEALER
That all ordinances or parts of ordinances in conflict herewith be, and the some are
hereby expressly repealed.
SECTION THREE (3): 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 FOUR (4): CODIFICATION
This ordinance shall be codified in Part 9
Owasso Code of Ordinances.
Licensing and Business Regulations, of the
SECTION FIVE (5): 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 SIX (6): 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.
ATTEST:
M
PASSED AND APPROVED this 210 Day of May, 2019.
°�'r'rc,A ; 5�� .r,,-Chris Kelley, Mayor
Vy!o aP
APPROVED AS TO FORM: bCLt C�
It lie Lombardi, City Attorney
Weekly
Group
CITY OF OWASSO /LEGALS
Ann Julie Stevens
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Skiatook Journal
Wagoner County American - Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
June 05, 2019
Date Category Description Ad Size Total Cost
06105/2019 Legal Notices ORDINANCE 1150
570632
Published In the Owasso Reporter, Owasso, Tulsa Coun-
ty, Oklahoma, June 5, 2019.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1150
AN ORDINANCE RELATING TO PART 9, LICENS-
ING AND BUSINESS REGULATIONS, OF THE
CODE OF ORDINANCES, OF THE CITY OF OWAS-
SO; REPEALING CHAPTER 5, LICENSE FOR THE
SALE AND SERVING OF ALCOHOL AND 3.2
BEER; 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 9, Licensing and Business
Regulations, Chapter 5, License for the Sale and Serving
of Alcohol and 3.2 Beer, of the Code of Ordinances of the
City of Owasso, Oklahoma, is hereby repealed In Its en.
tirety.
SECTION TWO (2): REPEALER
That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby expressly re.
Pealed.
SECTION THREE (3): SEVERABILITY
It any part or parts of this ordinance are deemed uncon.
stitutional, Invalid or Ineffective, the remaining portion
shall not be affected but shall remain In full force and ef-
of the County Clerk of
and correct copy of this
SECTION SIX (6); 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 law.
PASSED by the City Council of the City of Owasso, Okla-
homa on the 21st day of May, 2019.
/s/ Bill Bush, Vice Mayor for Chris Kelley, Mayor
ATTEST: /s/ Juliann M. Stevens, City Clerk
APPROVED AS TO FORM:
Is/ Julie Lombardi, City Attorney
Affidavit of Publication
I, Valerie Praetor , 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
06/05/2019
Newspaper reference: 0000570632
• V
Legal Represent ve
Sworn to and subscribed before me this date:
JUN 0 5 2019
Notary Public
My Commission expires:
NANCY CAROL MOORE
SEAL Notary Public
State of Oklahoma
Commission # 060116B4 Filpinas 12/08!22
69.12
s�
REAL People -REALC aver -REAL Cammunily
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Ordinance 1 149 Amending Part 3, Alcoholic Beverages, of the Owasso Code of
Ordinances, and Ordinance 1150 Amending Part 9, Licensing and Business
Regulations.
DATE: May 17, 2019
BACKGROUND:
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