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HomeMy WebLinkAbout927_Part 9_Alcohol LicenseTulsa County Clerk- EARLENE WILSON Doc # 2008074852 Pages 6 ReGeip! # 995614 07/18/08 10:56:19 )0.000 9.561;1001A Fee 23.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 927 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES, GENERALLY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY REQUIRING VENDORS SELLING AND SERVING ALCOHOL AND 3.2 BEER TO OBTAIN A LICENSE FROM THE CITY, PROVIDING GROUNDS FOR SUSPENSION AND REVOCATION OF A - VENDOR'S LICENSE, AND ESTABLISHING THE PENALTIES FOR A �-0 OBTAIN A LICENSE AS REQUIRED BY THIS SECTION AND FOR SELLING OR SERVING ALCOHOL OR 3.2 BEER TO ANY PERSON WHILE THE VENDOR'S LICENSE IS UNDER SUSPENSION. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO CODE OF ORDINANCES BY CREATING SECTION 9 -114, LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER. 1131 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses, Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): SECTION 9 -114 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER A. LICENSE REQUIRED. 1) LICENSE APPLICATION. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and /or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer, or to continue operating as a vendor selling or serving alcohol or 3.2 beer within the City of Owasso if doing so at the time this ordinance is adopted, shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. 2) SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of Owasso shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement 1 after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contendre plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set forth in paragraph (H) of this section. 3) ACKNOWLEDGEMENT OF COMPLIANCE CHECKS. A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense of selling or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee or agent after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in paragraph (H). B. LICENSE FEE. 1) ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of ten dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and/or 3.2 beer which is not intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2) ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of twenty dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. 2 C. LICENSE APPLICATION. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendor's license issued by the City of Owasso. D. LICENSE ISSUANCE. A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements: 1) Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under State law. 2) Satisfactorily submitted the application required under this section to the City Clerk. 3) Paid the required license fee as set forth above in paragraph (B) to the City of Owasso. All licenses shall be issued for one (1) calendar year from January 1St to December 31 st. The fee for any license issued after the effective date of this ordinance, and for a period of less than one (1) calendar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within thirty (30) days from the date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subject to the penalties set forth in paragraph (H)(2) of this section. E. SALE, BARTER OR GIFT. It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty -one (21) any beverage containing alcohol or 3.2 beer. Conviction, or acceptance of a plea bargain, by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided below in paragraph (H). F. MISREPRESENTATION OF AGE. It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcohol or 3.2 beer. G. TRANSFERS. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso. H. PENALTIES. (1) SUSPENSION OF LICENSE. (a) A license granted under this section may be revoked or suspended by the City Manager, without a hearing subsequent to conviction of the vendor, its employees or agents, for the sale of alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense. In addition to the fines and penalties which may be imposed upon the employee or agent serving or selling alcohol or 3.2 beer to a minor, the following sanctions shall be imposed upon the vendor: (i) 1 st Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in the issuance of an official written warning to the vendor that additional convictions will result in suspension of the vendor's license. (ii) 2nd Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for three (3) consecutive days. (iii) 3rd Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for seven (7) consecutive days. (iv) 4th Conviction of the vendor or its employees or agents within a twenty -four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for up to thirty (30) consecutive days. (v) Each additional conviction of a vendor or its employees or agents within a twenty -four (24) month period will result in an additional suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period. (b) The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at the next regularly scheduled 4 City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City Manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. (2) FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and /or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (30) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell or serve alcohol and/or 3.2 beer without obtaining an initial or renewed license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve alcohol and/or 3.2 beer after the three (3) day period without obtaining the required license shall be subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served or sold by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances. (3) VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed by the City Manager or the City Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension is in violation of this section and shall be subject to a fine of Two Hundred Dollars ($200.00) per day for each day alcohol and/or 3.2 beer are sold or served by the vendor while its license is under suspension. In addition, the City shall be entitled to pursue any legal and injunctive relief, and shall notify the relevant agencies set forth in section (H)(2) above. SECTION THREE (3): REPEALER All ordinances or parts of ordinances, in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): 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 FIVE (5): DECLARING AN EFFECTIVE DATE 5 The provisions of this ordinance shall become effective sixty (60) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be codified in Part 9, Chapter 1, as section 9 -114, License for the Sale and Serving of Alcohol and 3.2 Beer. PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of July, 2008. OFFICIAL SEAL ATTEST "Mom (SEAL) APPROVED as to form and legality this 15th day of July, 2008. ulie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY DAN YANCEY CHIEF OF POLICE SUBJECT: PROPOSED ORDINANCE REQUIRING VENDORS SELLING AND SERVING ALCOHOL AND 3.2 BEER TO OBTAIN A LICENSE FROM THE CITY OF OWASSO DATE: July 15, 2008 BACKGROUND: In 2007, the Owasso Police Department began performing alcohol and 3.2 beer compliance checks as a part of the "Too Much To Lose," ( "2M2L ") program. The 2M2L program targets the problem of underage drinking and addresses the ways in which minors obtain access to alcohol. As a part of the 2M2L initiative, a volunteer "buyer" enters an establishment that sells or serves alcohol and attempts to either 1) purchase beer for consumption off the premises if the vendor is a convenience or liquor store, or, 2) purchase beer to be served and consumed on the premises if the vendor is a bar or restaurant. The "buyers" used in the 2M2L program are minors who have volunteered to assist the Police Department in the 2M2L compliance checks and have received appropriate briefing and training from the police officers conducting those checks. The 2M2L program was initiated by the City of Owasso's Police Department in response to growing concerns that underage drinking has become a serious and escalating problem throughout the country and within this community. The initial compliance checks revealed that a significant number of vendors did in fact sell or serve 3.2 beer to minors, and that the vendors also failed to require or even request identification and proof of age from the minor. The number of vendors failing the compliance checks has varied since the 2M2L initiative began, but the failure rate has at times risen as high as fifty percent (50 %), meaning that half of the businesses visited during one compliance check sold beer to a minor without requesting or requiring proof of legal age. It became apparent after several compliance checks were conducted that some vendors were continuing to sell and serve alcohol to minors even after failing several previous compliance checks, and that these vendors were not modifying their internal policies, procedures or employee training methods to comply with the law. A number of vendors failing compliance checks protested that their employees were required to obtain age verification before selling or serving beer or alcohol, and had simply neglected to do so on this occasion. These same vendors continued to fail compliance checks, however, and it became clear that the vendors 1 had not implemented corrective training for their employees or instituted remedial policies requiring their employees to obtain proof of age before selling or serving beer or alcohol to customers. Based upon the continued compliance check failure rates, and the apparent failure of some local vendors to address and correct this problem, Staff believes that adoption of an ordinance imposing more effective penalties upon vendors who continue to sell or serve beer to underage youth is critically needed. Currently, citations are issued by the police department to the employee actually making the sale or serving the beer to the minor. The police department's lack of recourse against the actual vendor itself has contributed to the continuing compliance check failure rates. Issuing citations to vendors' employees who sell or serve beer or alcohol is clearly insufficient to eradicate or even minimize this critical problem. The citation does not have a direct or significant effect upon the vendor and fails to persuade vendors to implement and enforce age verification requirements. PROPOSED ORDINANCE: The proposed ordinance presented for consideration to the City Council would require all vendors who serve or sell alcohol and /or 3.2 beer within the City of Owasso to obtain a license from the City. The process for obtaining a license would only require a vendor to submit an application form to the City Clerk and pay a moderate license fee ($20 for vendors selling and serving alcohol and/or beer for on -site consumption, and $10 for vendors selling alcohol and /or beer for consumption off - site). This fee schedule complies with applicable state laws establishing the maximum fee that may be assessed by a municipality for alcohol and/or 3.2 beer licenses. Under the proposed ordinance, a vendor that fails to obtain a license from the City of Owasso will be prohibited from selling or serving alcohol or 3.2 beer until such time as the license is obtained. Vendors selling or serving alcohol or beer without a license will be subject to a fine of One Hundred Dollars ($100.00) per day until the license is obtained. If the vendor continues to sell or serve beer or alcohol without the required license, the City shall be authorized to seek an injunction from the District Court prohibiting the vendor from selling or serving beer or alcohol until the required license is procured. Likewise, a vendor that continues to sell or serve alcohol or 3.2 beer after the vendor's license has been suspended will be subject to a fine of Two Hundred Dollars ($200.00) per day for each day that alcohol and /or beer are sold or served during the suspension. If a vendor sells or serves alcohol or beer to a minor and consequently fails a compliance check, the City may suspend the vendor's license to sell or serve beer pursuant to the schedule outlined below. The consequences for selling to or serving a minor are set forth in the proposed ordinance on a graduated scale based upon the number of convictions a vendor's employees incur within a twenty -four (24) month period for this offense: 1) First Conviction - A written warning will be issued to the vendor notifying the vendor that additional convictions will result in suspension of the vendor's license; 2) Second Conviction — The vendor's license to sell or serve alcohol and 3.2 beer will be suspended for three (3) days; 3) Third Conviction - The vendor's license to sell or serve alcohol and 3.2 beer will be suspended for seven (7) days; 4) Fourth Conviction - The vendor's license to sell or serve alcohol and 3.2 beer will be suspended 2 for thirty (30) days, and, 5) For all Convictions following the Fourth offense - The vendor's license to sell or serve alcohol and 3.2 beer will be suspended for an additional thirty (30) days. If a vendor continues to incur additional thirty (30) day suspensions within a twenty -four (24) month period, the City shall be authorized to revoke the vendor's license for habitual noncompliance or seek an injunction from the District Court prohibiting the vendor from selling or serving alcohol until such time as the vendor complies with the requirements of this section. The proposed ordinance establishes a method by which the City may impose consequences upon vendors (rather than the vendors' employees) that consistently violate the law by selling or serving alcohol or 3.2 beer to minors. While the Police Department currently has the authority to issue citations to the employees who actually sell or serve the alcohol or 3.2 beer to minors, the City presently is without an ability to impose sufficient consequences upon the vendor. Not surprisingly, issuing citations to the vendors' employees has little effect on the internal policies of the vendors, and thus far has not adequately motivated vendors to insist that their employees obtain age verification before selling or serving beer or alcohol. Suspension of a vendor's license to sell or serve alcohol and/or beer, however, directly affects the vendor and potentially subjecting the vendor to the loss of significant revenues generated by beer and alcohol sales. It is anticipated that enforcement of the penalties established within this section will be substantially more effective in preventing beer or alcohol from being sold or served to minors. PUBLIC HEARING AND NOTICE: A Public Hearing soliciting citizen input and comment regarding this proposed ordinance was held during the City Council's regular meeting on June 17, 2008. Prior to that date, an article was published in the Owasso Reporter which generally summarized the proposed ordinance and the new requirements it would impose upon vendors selling and/or serving alcohol and 3.2 beer in Owasso. Two citizens, both of whom are affiliated with vendors that would be directly affected by the proposed ordinance if it were adopted, attended the hearing. Only one of those citizens spoke during the public hearing, and that citizen merely addressed a clarifying question to the Council. None of the citizens attending the Public Hearing spoke in opposition to the proposed ordinance. RECOMMENDATION• Staff recommends City Council approval of Ordinance No. 927 to be codified if approved as Section 9 -114, License for the Sale and Serving of Alcohol and 3.2 Beer. ATTACHMENT: Proposed Ordinance No. 927 to be codified as Section 9 -114, License for the Sale and Serving of Alcohol and 3.2 Beer if approved. PUBLISHER'S AFFIDAVIT WITUTTOWA PUBLICATION DATE(S) 07/22/08 CASE NUMBER: ORD NO. 927 AD NUMBER: 00061979 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. 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 ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 23rd day of July, 2008. Notary Public xCIwa N CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO 61979 Puplished in the Owasso Reporter, Owasso. Tulsa County. Oklahoma, July 22, 2008, CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 927 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS. CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY OF THE CODE OF ORDINANCES OF THE CRY OF OWASSO, OKLAHOMA, AMENDING SAME BY REQUIRING VENDORS SELLING AND SERWNG ALCOHOL AN0 3.2 BEER TO OBTAIN A LICENSE FflOM THE CITY, PROWDI io GROUNDS FOR SUSPENSION AND REVOCATION OF A VENDOR'S LICENSE, AND ESTABLISHING THE PENAL - TES FOR A VENDOR'S FAILURE TO OBTAIN A LICENSE AS REQUIRED BY THIS SECTION AND FOR SELLING OR SERVING ALCOHOL OR 3.2 BEER TO ANY PERSON WHILE THE VENDOR'S LICENSE IS UNDER SUSPENSION. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO CODE OF ORDINANCES BY CREATING SECTION 9 -114, LICENSE FOR THE SAL AND SERVING OF ALCOHOL AND 32 DEER BE IT ORDAINED BY THE COUNCIL OFTHE CRY OF OWASSO, OKLAHOMA, THAT, TO -WIT SECTION ONE (1): Pan 9. Livens nit antl Bus'nea. Reculatopli, Chapter 1, Occupational Licenses Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): RP[`TGN0.11411 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER A. LICENSE REQUIRED 1) LICENSE APPLICATION. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol anrVor 32 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor distilling to engage in business as a retail vendor serving or selling alcohol or 3.2 beer, or to continue operating as a vendor selling or serving alcohol or 3.2 boor within the City of Owasso If doing so at the time this ordinance is adopted, shall make application to the City Clerk on forms available In the Office of the City Clark. A license shall be is- sued to each vendor whose application is approved. 2) SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of Owasso shall st all time be displayed in public view in the vendor's place of business. This license may be sus - pended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's lamall, is convicted of the offense of selling or serving alcohol to a minor, or antlers Into a plea bargain agreement after being charged with sack offense. 'Convictli throughout this section shall be deemed to Include entry of a guilty or nolo conlendre plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making applica- llon for a license under this section shall expressly acknowledge the vendors awareness mat a h. cense granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director. manager, employee or agent of the vendor Is either convicted of selling or serving alcohol or beer to a minor on the vendors behalf or enters Into a plea bargain agreement af- ter being charged with such offense. It shall not be a defense under this section for a vendor to as. am or claim that an employee or agent of the vendor unlawfully sold or sowed alcohol or beer to a ' minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's . license from the penalties set forth in paragraph (H) of this section. 3) ACKNOWLEDGMENT OF COMPLIANCE CHECKS. A vendor shall speclfcally acknowledge awareness on the license application submitted to me City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis In the community by law enforcement, and shall further acknowledge the vendor's consent to such compli- ance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on me application its awareness that can - vivian of the vandor's employee or agent for the offense of selling or serving alcohol or beer to a mi- nor, or the acceplance, of a plea bargain agreement by me employee or agent after being charged with such offense, will result in suspension or revocation of the vendors license as provided in Para- graph (H). B. LICENSEFEE 1) ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual lee of ten dollars (SI0.00) shall be paid by a vendor to the City of Owasso X the vendor intends to sell alco- hol enclor 32 bear which is not Intended to be consumed on the vendors females. ales. This fee shall be paid when the vendors application for a license Is submitted m the City Clerk Uceness under this sec- tion shall be granted for a calendar year from January tat through December 31st. The license fee for an initial license shell be prorated It such license Is granted for has than a full calendar year. The fee for annual license renewals shell not be prorated. 2) ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREM- ISES. An annual license fee of twenty dollars ($20.00) shall be paid by a vendor to the City of Owasso it the vendor Intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on me vendors premises. This fee shall be paid when the vendors application for a license is submitted to the City Clerk. Licensee under this section shell be granted for a calendar year from January tat through December 31st. The Ilconse fee for an Initial license shall be prorated If granted for a period of time lass than a roll calendar year. The fore for annual license renewals shall not be prorated regard- less of when the application for annual renewal Is filed. C. LICENSE APPLICATION. Application for a license to sell or some alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall im clude the vendors business name, me owner's name and address 0 the business Is a sole proprietor. ship, the name of the president and all other officers and directors 0 the business Is a corporation, and the names of all partners or members If the vendor is a partnership or a limited liability company. The appllcatlan farm shall also require the vendor to submit information verifying that the vendor has ob- tained the necessary permits required by slate law from the Distinct Court In the county where the ven- dor is located and the Oklahoma Tax Commission. The application to. shall also require information regarding me number of each permit and the date each permit was granted to me vendor. 11 shall be unlawful for any Person W make any fake statement on the application form. Knowingly or intenllonally submitting an application containing false Information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendors license issued by the City of Owasso. D. LICENSE ISSUANCE A license under this section shall be issued to a vendor when the applicant has completed each of me following requirements: 1) Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under Slate law. 2) Satisfactory submitted the application required under this sedlon to the City Clerk. 3) Paid the required license fee as set form above In paragraph (BI to the City of Owasso. Publisher's Fee: 516.60 NANCY CAROLMOORE a Notary Public • Slate of Olikhoma counry My Comirldorl Expires December 8, 2010 Commsssion # 06011684 61979 Puplished in the Owasso Reporter, Owasso. Tulsa County. Oklahoma, July 22, 2008, CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 927 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS. CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY OF THE CODE OF ORDINANCES OF THE CRY OF OWASSO, OKLAHOMA, AMENDING SAME BY REQUIRING VENDORS SELLING AND SERWNG ALCOHOL AN0 3.2 BEER TO OBTAIN A LICENSE FflOM THE CITY, PROWDI io GROUNDS FOR SUSPENSION AND REVOCATION OF A VENDOR'S LICENSE, AND ESTABLISHING THE PENAL - TES FOR A VENDOR'S FAILURE TO OBTAIN A LICENSE AS REQUIRED BY THIS SECTION AND FOR SELLING OR SERVING ALCOHOL OR 3.2 BEER TO ANY PERSON WHILE THE VENDOR'S LICENSE IS UNDER SUSPENSION. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO CODE OF ORDINANCES BY CREATING SECTION 9 -114, LICENSE FOR THE SAL AND SERVING OF ALCOHOL AND 32 DEER BE IT ORDAINED BY THE COUNCIL OFTHE CRY OF OWASSO, OKLAHOMA, THAT, TO -WIT SECTION ONE (1): Pan 9. Livens nit antl Bus'nea. Reculatopli, Chapter 1, Occupational Licenses Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by enacting and codifying as follows: SECTION TWO (2): RP[`TGN0.11411 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER A. LICENSE REQUIRED 1) LICENSE APPLICATION. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol anrVor 32 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor distilling to engage in business as a retail vendor serving or selling alcohol or 3.2 beer, or to continue operating as a vendor selling or serving alcohol or 3.2 boor within the City of Owasso If doing so at the time this ordinance is adopted, shall make application to the City Clerk on forms available In the Office of the City Clark. A license shall be is- sued to each vendor whose application is approved. 2) SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of Owasso shall st all time be displayed in public view in the vendor's place of business. This license may be sus - pended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's lamall, is convicted of the offense of selling or serving alcohol to a minor, or antlers Into a plea bargain agreement after being charged with sack offense. 'Convictli throughout this section shall be deemed to Include entry of a guilty or nolo conlendre plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making applica- llon for a license under this section shall expressly acknowledge the vendors awareness mat a h. cense granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director. manager, employee or agent of the vendor Is either convicted of selling or serving alcohol or beer to a minor on the vendors behalf or enters Into a plea bargain agreement af- ter being charged with such offense. It shall not be a defense under this section for a vendor to as. am or claim that an employee or agent of the vendor unlawfully sold or sowed alcohol or beer to a ' minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's . license from the penalties set forth in paragraph (H) of this section. 3) ACKNOWLEDGMENT OF COMPLIANCE CHECKS. A vendor shall speclfcally acknowledge awareness on the license application submitted to me City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis In the community by law enforcement, and shall further acknowledge the vendor's consent to such compli- ance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on me application its awareness that can - vivian of the vandor's employee or agent for the offense of selling or serving alcohol or beer to a mi- nor, or the acceplance, of a plea bargain agreement by me employee or agent after being charged with such offense, will result in suspension or revocation of the vendors license as provided in Para- graph (H). B. LICENSEFEE 1) ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual lee of ten dollars (SI0.00) shall be paid by a vendor to the City of Owasso X the vendor intends to sell alco- hol enclor 32 bear which is not Intended to be consumed on the vendors females. ales. This fee shall be paid when the vendors application for a license Is submitted m the City Clerk Uceness under this sec- tion shall be granted for a calendar year from January tat through December 31st. The license fee for an initial license shell be prorated It such license Is granted for has than a full calendar year. The fee for annual license renewals shell not be prorated. 2) ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREM- ISES. An annual license fee of twenty dollars ($20.00) shall be paid by a vendor to the City of Owasso it the vendor Intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on me vendors premises. This fee shall be paid when the vendors application for a license is submitted to the City Clerk. Licensee under this section shell be granted for a calendar year from January tat through December 31st. The Ilconse fee for an Initial license shall be prorated If granted for a period of time lass than a roll calendar year. The fore for annual license renewals shall not be prorated regard- less of when the application for annual renewal Is filed. C. LICENSE APPLICATION. Application for a license to sell or some alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall im clude the vendors business name, me owner's name and address 0 the business Is a sole proprietor. ship, the name of the president and all other officers and directors 0 the business Is a corporation, and the names of all partners or members If the vendor is a partnership or a limited liability company. The appllcatlan farm shall also require the vendor to submit information verifying that the vendor has ob- tained the necessary permits required by slate law from the Distinct Court In the county where the ven- dor is located and the Oklahoma Tax Commission. The application to. shall also require information regarding me number of each permit and the date each permit was granted to me vendor. 11 shall be unlawful for any Person W make any fake statement on the application form. Knowingly or intenllonally submitting an application containing false Information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendors license issued by the City of Owasso. D. LICENSE ISSUANCE A license under this section shall be issued to a vendor when the applicant has completed each of me following requirements: 1) Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under Slate law. 2) Satisfactory submitted the application required under this sedlon to the City Clerk. 3) Paid the required license fee as set form above In paragraph (BI to the City of Owasso. All license shall be issued for one (1) calendar year from January 1st to December 31st. The fee fu any license issued after Me affective date of this ordinance, and for a period of less than one (1) calen- dar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within thirty (30) days hem Me date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subjed to the penalties sat forth in paragraph (H)(2) of this sector. E. SALE, BARTER OR GIFT. It shall be unlawful for any person or busmeas licensed under tht ortlinarki to sell, serve, barter or give to any person under Me age of twenty-one (21) any beverage containing alcohol or 3.2 beer. Con- viction, or acceptance of a plea bargain, Ay an employee or agent of the vendor for such an offense shall subject Me vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by Me City as provided below in paragraph (H). It shall be unlawful for any person to mismpr ^sent Mail age to any vendor for Me purpose of obtaining or facilitating the sale or serving of alcohol or 3.'1 bear. G. TRANSFEI Each license shall be Issued to the applicant only and shall not be tansferable to another holder. Each license shall be issued only for Me premises desciribed in Me application. R a business holding a II- cense under this section is sold, a new license must be obtained by the new owner. A separate license for each location of busaesses with common ownsrship, Including all chain stores and businesses owned and operated pursuant to franchise agreement, must be obtained by a vendor operating more Man one (1) business engaged In the business of selling or serving alcohol and/or 3.2 beer within Me City of Owasso. H. PENALTIES. (1) SUSPENSION OF LICENSE. (a) A license granted under this section may be re voked or suspended by the City Manager, ittn- out a hearing subsequent M conviction of the yr <nr!or. its employees or agents, for Me e as of alcohol or 3.2 beer to a minor, or by Me acceph.rue of a plea bargain for such an off, w. In addition to the fines and penahies which may b,a imposed upon the employee or agent serving or selling alcohol or 32 beer N a minor, the follonming sanctions shall be imposed upwl the ven- dor: (i) 1st Conviction of Me vendor or he mcpl:.yav, n agent within a twenty -four (r4) month pe- riod will resuit In the issuance of an oMrvial vic hen warning to the vendor that additional convictions will resuft in suspension of Me vendor -a license (1) 2nd Conecllon of Me vendor or Its employees or agents within a twenty -four (24) month pe- riod will result In suspension of the ventlors license to sell or serve alcohol and/or 3 z jeer for three (3) consecutive days. 3d Conviction of me vendor or its employees or agents w;Tm a Iwen', 'our (24) month pe- riod will result in suspension of Me ventlors license to set; a.3r: a aicohol and/or 3.2 beer for seven (7) consecutive days. W) 4th Conviction of the ventlor or he employees or agents within a over , -lwr, (24) month pe, HIM will result in suspension of the vendors license to sell or Servo alcohol and/or 3.2 beer for up to thirty (30) consecutive days. (v) Each additional conviction, of a vendor or its employees or agents within a twenty-four (24) month period will result in an additional suspension of Me vendors license W sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period. (b) The vendor shall have the right to appeal Me decision of the City Manager to Me City Council within five (5) business days of Me City Managers decision to revoke or suspend swndors IF cense. The City Cou ell shall hold a public hearing at the next regularly scheduled City Council meting be consider Me matter, and thereafter shall affirm or reverse to decision of the City Manager. If Me City Council determines that suspension of Me vendors license is warranted under this section, Me suspension shall begin within five (5) business days from the hearing date. During Me suspension period the vendor may not well or serve alcohol and/or 3.2 beer. (2) FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Arry exi: sang vendor who fails to obtain a permit within thirty (30) days from the data this section be- comes ,affedNe shall be prohibited from selling or serving aicondl and/or 3.2 beer unit such time as a license is obtained by the vendor. All new businesses chancing M sell or serve alcohol, for consum -thon either on or off the ventlors premises, shall be required to obtain a license under this sec- tion with In 111 (30) days of the date the vendor begins sailing or serving alcohol and 3.2 bear. A vedor who continues to sell or serve alcohol and/or 3.2 bear without obtaining an Initial or renewed In- causes, - coder this section shall receive an initial written warning and thereafter shall have three (3) busi- ness /bays to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve al- cot got and/or 3.2 bear after he three (3) day period without obtaining Me required license shall be sub - jed to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served c r mid by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of Me ventlors failure to cousin a permit as re- quired by Me City of Owasso Code of Ordinances. (3) VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who falls to adhere to the conditions of a suspension imposed by Me City Manager or the CIty Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension Is in viola- tion of this section and shall be subject to a fine of Two Hundred Dollars ($200.00) per day for each day alcohol and/or 3.2 beer are sold or sewed by Me vendor while its license is under suspension. In adI bon, Me City shall be entflled to pursue any legal and injunctive relief, and shall notify Me relevant agencies set forth In section (11)(2) above. SECTION THREE (3y. REPEALER All ordinances or pads of ordinances, In conflict with this amended ordinance are hereby, repealed to Me extent of to conflict only. SECTION FOUR (4): SEVERABILRY If a" part or parts of this ordinance are deemed unconstitutional, Invalid or ineffective, the remaining Portion shall not be affected but shall remain in full form and shed. SECTION FIVE (6): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective sixty (80) days from Me date of final passage as provided by state law. SECTION SIX RII CODIFICATION The City of Owasso Code of Ordinances is hereby amended by creating an ordinance to be cotlhied in Pad 9, Chapter 1, as sedlon 9 -114, License for the Sale and Sewing of Alcohol and 3.2 l3elft. PASSED by he City Cound of the City of Owasso, Oluahome on the 15th day of duty, 2008. /a/ Stephen Cataudella ATM-Sr. Stephen Cataudella. Mayor Is/ Sherry Bishop Sherry Bishop, City Clerk (SEAL) APPROVED as to torte and I%gallly, this 15th day of July, 2008. Jul Julie Lombardi Julie Lombardi, City Attorney