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)

3-107: DISPLAY LICENSE:

Any person required to possess a State license/permit for sale or distribution of beer, wine, mixed beverages, and any other classification of alcoholic beverage now in existence or which may be created by the Legislature in the future, is required to have, possess and display, in the same location as their State license/permit, a Town Occupation Tax permit for distribution or sale of the same product classification with the Town of Beaver. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-108: DRINKING IN PUBLIC:

It is unlawful for any person to drink any alcoholic beverage, to include beer and wine (hereinafter "alcoholic beverage"), while such person is upon any public street, alley, or other public highway, or in any public building or other public place within the Town. This section shall not prohibit a person who is of age from drinking such beverage in a place licensed to sell it for consumption on the premises or any person who is of age who is consuming any alcoholic beverage at any special event from an authorized seller, which special event is authorized in writing by the Town Board of Trustees. The specific site at any such authorized special event wherein alcoholic beverages shall be permitted to be consumed shall be plainly and clearly marked with signage warning the public that no consumption is permitted outside the area completely encircled with appropriate barriers and any person who shall consume alcoholic beverages outside the designated barrier or who shall consume alcoholic beverages from any source other than an authorized seller and not in an otherwise authorized location shall be guilty of an offense of this section. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)

3-109: PUBLIC INTOXICATION AND DRINKING PROHIBITED:

Any person who shall, in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor unless authorized by the Oklahoma Alcoholic Beverage Control Act or any provision of this Code, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at a public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance, except if otherwise permitted by this Code, or if any person shall be drunk or intoxicated from any cause and shall disturb the peace of any person, he shall be guilty of an offense. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)