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HomeMy WebLinkAboutPart 03 Alcoholic Beverages Alcoholic Beverages PART 3 ALCOHOLIC BEVERAGES CHAPTER 1 ALCOHOLIC BEVERAGES; TAXATION AND REGULATION Section 3-101 Purpose Section 3-102 Definitions Section 3-103 Occupation Tax Levied Section 3-104 Tax to be Paid Records Section 3-105 Expiration Date; Proration; No Refunds Section 3-106 Certificates of Compliance Section 3-107 Days and Hours of Operation Section 3-108 Sale by Persons Under Twenty-One Years of Age Section 3-109 Advertising Section 3-110 Persons not to Consume on Premises Section 3-111 Transporting Alcoholic Beverages Section 3-112 Not to Permit Intoxicated Persons on Premises Section 3-113 Separate Offenses Section 3-114 Consumption of Spirits Section 3-115 Misrepresentation of Age Section 3-116 Possession or Consumption of Alcohol by a Minor 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Person who is Intoxicated or who has been Adjudged Insane or Mentally Deficient CHAPTER 2 NON-INTOXICATING BEVERAGES Repealed in its Entirety (Ord. No. 1149, 5/21/19) CHAPTER 3 PRIVATE CLUBS Repealed in its Entirety (Ord. No. 1149, 5/21/19) Page 3-1 Alcoholic Beverages CHAPTER 1 ALCOHOLIC BEVERAGES; TAXATION AND REGULATION Section 3-101 Purpose Section 3-102 Definitions Section 3-103 Occupation Tax Levied Section 3-104 Tax to be Paid Records Section 3-105 Expiration Date; Proration; No Refunds Section 3-106 Certificates of Compliance Section 3-107 Days and Hours of Operation Section 3-108 Sale by Persons Under Twenty-One Years of Age Section 3-109 Advertising Section 3-110 Persons not to Consume on Premises Section 3-111 Transporting Alcoholic Beverages Section 3-112 Not to Permit Intoxicated Persons on Premises Section 3-113 Separate Offenses Section 3-114 Consumption of Spirits Section 3-115 Misrepresentation of Age Section 3-116 Possession or Consumption of Alcohol by a Minor 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 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. (Ord. No. 1149, 5/21/19) 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 vegetable products. "Beer" includes, among other things, Page 3-2 Alcoholic Beverages 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 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; Page 3-3 Alcoholic Beverages 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. (Ord. No. 1149, 5/21/19) 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: (Ord. No. 417, 7/17/90; 1149, 5/21/19) Brewer License $1,250 Small Brewer License $125 Small Brewer Self-Distribution License $325 Brewpub License $500 Brewpub 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 $500 License On-Premises Beer and Wine License $250 Annual and/or Quarterly Special Event License (not $25 public) Annual Public Event License $500 One-Time Public Event License $125 Hotel Beverage License $500 Page 3-4 Alcoholic Beverages 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. (Ord. No. 1149, 5/21/19) 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. (Ord. No. 1149, 5/21/19) 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. (Ord. No. 1149, 5/21/19) 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. (Ord. No. 1149, 5/21/19) 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 sales wine or retail beer licensee may employ servers orclerks who are at least eighteen (18) Page 3-5 Alcoholic Beverages persons under years of age, excepttwenty-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. (Ord. No. 1149, 5/21/19; 1159, 2/18/20) 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. (Ord. No. 1149, 5/21/19) SECTION 3-110 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. (Ord. No. 1149, 5/21/19) SECTION 3-111TRANSPORTING 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. (Ord. No. 1149, 5/21/19; 1159, 2/18/20) SECTION 3-112 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. (Ord. No. 1149, 5/21/19) 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. (Ord. No. 1149, 5/21/19) 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. (Ord. No. 1149, 5/21/19; 1159, 2/18/20) Page 3-6 Alcoholic Beverages 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. (Ord. No. 1159, 2/18/20) 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. (Ord. No. 1159, 2/18/20) 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. (Ord. No. 1159, 2/18/20) 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. (Ord. No. 1159, 2/18/20) Page 3-7