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HomeMy WebLinkAbout1159_Amending Part 3 Alcohol adding finesTulsa County Clerk - Michael Willis Doc N 2020016740 Page(s): 3 3: 02/24/2020 11:12:29 AM Receipt 0 20 -10398 Fee: $ 22.00 kLANOM vrtviF4ANCE NO. 1159 AN ORDINANCE RELATING TO PART 3, ALCOHOLIC BEVERAGES, CHAPTER 1, ALCOHOLIC BEVERAGES; TAXATION AND REGULATION, OF THE CODE OF ORDINANCES, CITY OF OWASSO, AMENDING SECTION 3 -108, OFFENSES; SECTION 3- 111 TRANSPORTINN; SECTION 3 -114 CONSUMING SPIRITS IN PUBLIC; INTOXICATION; SECTION 3 -115 PENALTY; ADDING SECTION 3 -117 SALE, DELIVERY OR FURNISHING ALCOHOLIC BEVERAGES TO ANY PERSON UNDER TWENTY -ONE YEARS OF AGE; SECTION 3 -118 SALE, DELIVERY OR FURNISHING ALCOHOLIC BEVERAGES TO ANY PERSON WHO IS INTOXICATED OR WHO HAS BEEN ADJUDGED INSANE OR MENTALLY DEFICIENT; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; 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): Section 3 -108 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -108 SALE BY PERSONS UNDER TWENTY -ONE YEARS OF AGE It is unlawful for any person to employ any person under eighteen (18) years of age in the selling of beer or wine or employ any person under twenty -one (21) years of age in the selling of spirits. Provided, that: A. A mixed beverage, beer and wine, caterer, public event, special event, bottle club, retail wine or retail beer licensee may employ servers or sales clerks who are at least eighteen (18) years of age, except persons under twenty -one (21) years of age may not serve in designated bar or lounge areas, and B. A mixed beverage, beer and wine, caterer, public event, special event or bottle club licensee may employ or hire musical bands who have musicians who are under eighteen (18) years of age if each such musician is either accompanied by a parent or legal guardian or has on their person, to be made available for inspection upon demand by any employee of the ABLE Commission or law enforcement officer, a written, notarized affidavit from the parent or legal guardian giving the underage musician permission to perform in designated bar or lounge areas. SECTION TWO (2): Section 3 -111 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -111 TRANSPORTING ALCOHOLIC BEVERAGES It is unlawful for any person to knowingly transport in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a vehicle commonly known as a station wagon and panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. Any person who violates this Section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment. Ordinance 1159 Page 1 of 3 SECTION THREE (3): Section 3 -114 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -114 CONSUMPTION OF SPIRITS 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. Any person who violates this Section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10.00 nor more than $100.00, or by imprisonment for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment. SECTION FOUR (4): Section 3 -115 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -115 MISREPRESENTATION OF AGE It is unlawful for any person under twenty -one (21) years of age to misrepresent his or her age in writing or by presenting false documentation of age for the purpose of inducing any person to sell or serve him or her alcoholic beverages. Any person who violates this Section shall be guilty of a misdemeanor and shall be punished by a fine of no more than $50.00. SECTION FIVE (5): Section 3-116 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -116 POSSESSION OR CONSUMPTION OF ALCOHOL BY A MINOR It is unlawful for any person under twenty -one (21) years of age to, in any public or private place possess, consume or have control over any alcoholic beverage. Any person who violates this Section shall be guilty of a misdemeanor and shall be punished by a fine of no more than $50.00. SECTION SIX (6): Section 3 -117 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -117 SALE DELIVERY OR FURNISHING ALCOHOLIC BEVERAGES TO ANY PERSON UNDER TWENTY -ONE (21) YEARS OF AGE It is unlawful for any person to knowingly sell, deliver or furnish alcoholic beverages to any person under twenty -one (21) years of age. Any person who violates this Section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment. SECTION SEVEN (7): Section 3 -118 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 3 -118 SALE DELIVERY OR FURNISHING ALCOHOLIC BEVERAGES TO ANY PERSON WHO IS INTOXICATED OR WHO HAS BEEN ADJUDGED INSANE OR MENTALLY DEFICIENT It is unlawful for any person to knowingly sell, deliver or furnish alcoholic beverages to any person who is intoxicated or who has been adjudged insane or mentally deficient. Any person who violates this Section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment. SECTION EIGHT (8): 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. Ordinance 1159 Page 2 of 3 SECTION NINE (9): CODIFICATION This ordinance shall be codified in Part Three (3) Alcoholic Beverages, of the Owasso Code of Ordinances. SECTION TEN (10): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION ELEVEN (11): 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 TWELVE (12): 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. n17�r ^v^ PASSED AND AP O D this 18h y of February, 2020. Chris aley, Mayor AT EST- Clerk Approve as to form and legality: Lawba4oO Julie Inbardi, City Attorney Ordinance 1159 Page 3 of 3 Weekly Group 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 CITY OF OWASSO /LEGALS Date Alin Julie Stevens PO BOX 180 February 26, 2020 OWASSO, OK 74055 Date Category Description Ad Size Total Cost 02/26/2020 Legal Notices ORDINANCE NO. 1159 2 x 167.00 CL 213.76 629505 Published In the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, February 26, 2020. ORDINANCE NO. 1159 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT TO WIT: SECTION ONE (D: Section 3 -108 of the Code of Ordi- nances of the City of Owasso, Oklahoma, Is hereby IWCeTnded fo 3.1 r08tl ass follows:P U 1 ,ON If Is unlawful for any Person to employ any person un- der eighteen (18) years of age In the selling of beer or wine or employ any Person under twemv-one (21) Years of age in the selling of spirits. Provided, that: A. A mixed beverage, beer and wine, caterer, Public event, special event, bottle club, retail wine or retail beer licensee may employ servers or sales clerks who are at least eighteen (18) Years of age, except Persons under twenty-one (21) rears of age may not serve in designated bar or lounge areas, and B. A Mixed beverage, beer and wine, caterer, Public event, special event or bottle club licensee may employ or hire musical bands who have musicians who are under eighteen (18) years of age If each such musician Is ei- ther accompanied by a parent or legal guardian or has on their Person, to be made available for Inspection 3.111 of the Code of Ordi- so, Oklahoma, Is hereby EL far any P a public cap or cork shall not have been removed, on- as ;hall Include me spare Tire Wie- r commonly known as a station :k, or any outside compartment e to the driver or any other Per - Ile It is In motion. Any Person tlon shall be guilty of a misde- Punished by a fine of not more nprlsonment for not more than Y both such fine and Imprison. Section 3.114 of the Code of Ordi- Owasso, Oklahoma, Is hereby ion slo.oe nor more man for not less than five (5) D) days, or by both such 3 -115 of the Code of Ordl- o, Oklahoma, Is hereby Years of age to misrepresent his or her age In writing or by presenting false documentation of age far the Purpose of Inducing any Person to sett or serve him or her alcoholic beverages. Any Person who violates this Section shall be guilty of a misdemeanor and shall be Punished by a fine of no more than 550.00. :CTION FIVE (5): Section 3.116 of the Code of Ordl. Res of the City of Owasso, Oklahoma, Is hereby It is unlawful for any Person under twenty -one (21) Years of age to, In any public or private place possess, consume or have control over any alcoholic beverage. Any Person who violates this Section shall be guilty of a misdemeanor and shall be Punished by a fine of no Section 3.117 of the Cade of Ordinon- rasso, Oklahoma, Is hereby amended Affidavit of Publication Melissa Marshall 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 02/26/2020 Newspaper reference: 0000629505 egal Representative i W ryry Ni Sworn to and subscribed before me this date: Q l O o; FEB 2 6 2020 mar i O r � ads 4i Notary Public _° m M; or a o, My Commission expires: DEC 0 8 2022 r 9tr 1 y >`) m i to knowingly sell, deliver e, to any Person under Any person who violates a misdemeanor and shall more than $500.00, or by tan sixty (60) days, or by ant. 3.118 of the Code of Ordl- o, Oklahoma, Is hereby Person :II ce 911IITY at a misdemeanor and Snell as Panlenea a fine of not more than $500.00, or by imprisonment not more than sixty (60) days, or by both such fine 2 Imprisonment. 'ION EIGHT (8): SEVERABILITY fopart or Paris of this ordinance are deemed uncon- nol, Invalid, or Ineffective, the remaining Portion not be affected, but shall remain In full force and 'ION NINE (9): CODIFICATION ordinance shall_ be codified In Part Three (3) Alco- SECTION TWELVE (12): DECLARING AN EFFECT- IVE DATE The Provisions of this ordinance shall become effective thirty (30) days from the sate of final Passage as Provid- ed by state law. PASSED AND APPROVED this 18th day of February, 2020. Is/ Chris Kelley Mayor ATTEST: /s/Ju(lonn M. City Clerk Approved as to form and legal[ Stevens(, : /s/ Julie Lombardi, City Attorney U s� ozp".. p[tcr HE4L Cammunily TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Ordinance 1159 Amending Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and Ordinances 1160, 1161, and 1162 Amending Part 10, Offenses and Crimes, of the Owasso Code of Ordinances DATE: February 14, 2020 The Oklahoma Legislature has made numerous changes to state statutes governing alcohol, controlled dangerous substances and various criminal offenses over the past few years. As a result of those changes, staff recommends the following amendments to the Owasso Code of Ordinances to comply with state law. Ordinance 1159 Sections 3- 108.3 -1 1 1, 3-114, 3 -115.3 -116 and 3 -117 This ordinance provides that certain alcohol establishments may employ, under certain circumstances, persons who are eighteen (18) years of age, as well as musicians who are less than eighteen (18) years of age who have parental permission. This ordinance additionally regulates the transport of alcoholic beverages in a vehicle, the consumption of spirits (alcohol other than beer or wine) in public, misrepresentation by a person of his or her age to obtain alcohol, possession or consumption of alcohol by a minor and furnishing alcohol to a person less than twenty -one (21) years of age. Ordinance 1160 Sections 10 -401 and 10 -401.1 This ordinance establishes that it shall be unlawful for any person to be intoxicated in public and disturb the peace of any person. The ordinance further provides that assistance may be provided to an intoxicated person needing help, and that such a person may be assisted to their home or to an appropriate facility. Ordinance 1161 Sections 10-402,10-403 and 10 -403.1 This ordinance defines a controlled dangerous substance within the Owasso Code of Ordinances and provides penalties for possession of such substances. This ordinance additionally incorporates and adopts new state law regarding the possession of medical marijuana. Ordinance 1162 Sections 10 -201, 10 -424, 10 -417 and 10 -425, repealing 10 -415 This ordinance amends the value of property taken in the Petit larceny, Embezzlement, Defrauding Hotels, Restaurants and Other Service Providers and Obtaining Property by Trick or Deception, False Representation, or Pretense sections of the Code of Ordinances. This ordinance additionally repeals 10 -415, Harmful Deception, because the law contained therein is adequately addressed in other sections of the Code. RECOMMENDATION: Staff will recommend adoption of proposed Ordinance 1159 amending Chapter 1, Alcoholic Beverages; Taxation and Regulation, of Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances. Staff will further recommend adoption of proposed Ordinances 1160 and 1161 amending Chapter 4, Offenses against the Health, Welfare and Morals, of Part 10, Offense and Crimes, of the Owasso Code of Ordinances. Staff will additionally recommend adoption of Ordinance 1162 amending Chapter 2, Offenses against Property, and Chapter 4, Offenses against the Health, Welfare and Morals, of Part 10, Offenses and Crimes, of the Owasso Code of Ordinances. ATTACHMENTS: Proposed Ordinances 1159, 1160, 1161, and 1 162