PART 3
ALCOHOLIC BEVERAGES

CHAPTER 1
ALCOHOLIC BEVERAGE REGULATIONS

SECTION:

3-101: Definitions; Adoption By Reference And Penalties

3-102: Occupation Tax Levied

3-103: Payment Required; Penalty

3-104: Annual Report

3-105: Application For Certificates; Investigation

3-106: Issuance Of Certificates

3-107: Display License

3-108: Drinking In Public

3-109: Public Intoxication And Drinking Prohibited

3-110: Minors And Alcoholic Beverages

3-111: Possession Or Consumption Of Alcoholic Beverages Prohibited In Other Locations Without Permission

3-112: Permitting Or Allowing Gatherings Where Minors Are Consuming Alcoholic Beverages

3-113: Location Of Retail Package Store, Mixed Beverage Establishments, Beer Or Wine Establishments Or Bottle Clubs

3-114: Transporting Open Containers Of Alcoholic Beverages

3-115: Municipality May Initiate License Suspension

3-116: Prohibited Acts

3-117: Fines For Chapter

3-101: DEFINITIONS; ADOPTION BY REFERENCE AND PENALTIES:

All of the terms and phrases used in this chapter shall be given the same use and meaning as defined by the Oklahoma Alcoholic Beverage Control Act, 37A Oklahoma Statutes section 1-101 et seq. Titles 37 and 37A of the Oklahoma Statutes, as amended, are hereby adopted and incorporated herein by reference, but only to the extent such sections provide for criminal misdemeanor offenses, and are enforceable by the Town within the Town limits as if set out at length herein. Unless otherwise specifically provided otherwise in this Code, all violations of such sections shall be punishable by a maximum fine of one hundred seventy dollars ($170.00), plus court costs, fees and State assessments; provided however, if the penalty including costs for the State offense is less than the amount as provided hereinabove, then the fine and costs shall not exceed the amount charged by statute for the same offense. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-102: OCCUPATION TAX LEVIED:

There is hereby levied and assessed an annual Occupation Tax on every business or occupation that has its principal place of business in Beaver, Oklahoma and is required to have a license from the Alcoholic Beverage Laws Enforcement Commission as specifically enumerated in appendix 1 of this Code, and in the amount therein stated.

Such tax rate shall only be effective upon initiation or renewal of the license, as applicable, and no refund shall be made for any prior Occupation Tax paid which was higher than as established by this section. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-103: PAYMENT REQUIRED; PENALTY:

   A.   Payment; Provide Copy Of State License: Any State licensee or interim licensee listed in appendix 1 of this Code that has a principal place of business in Beaver, Oklahoma, shall pay the tax therefor at the Office of the Town Clerk on or before the date upon which he enters upon such occupation. Said licensee or interim licensee shall provide a copy of his current State license or interim license before payment of an Occupation Tax will be accepted.

   B.   Term: The tax levied under this chapter shall be for one year from July 1 through the next June 30, and upon which later date the licensee's State license expires. There shall be no proration of the tax if for less than one year. The fee may also be established by resolution.

   C.   Violation: Any person who engages in any of the occupations taxed by this chapter without paying said Occupation Tax imposed therefor, or without paying said Occupation Tax imposed therefor in advance of such operation, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a maximum fine of one hundred seventy dollars ($170.00) plus costs, fees and State assessments. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-104: ANNUAL REPORT:

The Town Clerk shall make an annual report to the ABLE Commission, covering the fiscal year, showing the number and class of license subject to the Occupation Tax and the amount of money collected from said tax. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-105: APPLICATION FOR CERTIFICATES; INVESTIGATION:

   A.   Filing Of Application; Fee: Every applicant for a certificate of compliance with the Zoning, Fire, Health and Safety Codes of the Town, required by the ABLE Commission shall apply at the Office of the Town Clerk by:

      1.   Filing a written application on forms prescribed by that office; and

      2.   Paying a verification and certification fee in an amount as provided by section 3-106 of this chapter at the time of filing.

   B.   Investigation Of Premises: Upon receipt of an application for a certificate of compliance, the Town Clerk shall cause an investigation to be made to determine whether the premises proposed for licensed operations comply with the provisions of the Zoning Ordinance and any Health, Fire, Building and other Safety Codes applicable to it.

   C.   Time Limit For Acting On Application: The Town Clerk shall act on all such applications within twenty (20) days of receipt thereof. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-106: ISSUANCE OF CERTIFICATES:

   A.   Certificate Of Zoning: Upon finding that the premises of an applicant for a certificate is in compliance with all applicable zoning ordinances, a certificate of zoning shall be issued to the ABLE Commission.

   B.   Certificate Of Compliance: Upon finding that the premises of an applicant for a certificate is in compliance with all applicable Fire, Safety and Health Codes, a certificate of compliance shall be issued to the ABLE Commission.

   C.   Fee: Every applicant for a certificate of compliance with the Zoning, Fire, Health and Safety Codes of the Town, required by ABLE Commission, shall pay a verification and certification fee in the amount of one hundred dollars ($100.00) at the time of filing. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)