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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)
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)
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)
It is unlawful for any person under the age of twenty one (21) years to be in possession of any alcoholic beverage while such person is upon any public street, road or highway or in any public place within the Town limits or to consume or possess with the intent to consume any alcoholic beverage. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
It shall be unlawful for any person within the Town limits, to consume or to have in his or her possession an open container of any alcoholic beverage upon private property belonging to any person other than the individual in possession or consuming such alcoholic beverage, without said person first obtaining the permission of the owner or person in lawful possession of said property. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
A. Definitions: For purposes of this section, the following definitions shall apply:
ALCOHOL: Means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE: Means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (1/2 of 1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
CONTROL OR CONTROLLING: Means any form of dominion including ownership, tenancy or other possessory right however temporary.
GATHERING: Is a party, gathering, or event, where a group of three (3) or more persons have assembled or are assembling for a social occasion or social activity.
LEGAL GUARDIAN: Means: 1) a person who, by court order, is the guardian of the person of a minor; or 2) a public or private agency with whom a minor has been placed by the court.
MINOR: Means any person under twenty one (21) years of age.
PARENT: Means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
PREMISES: Means any hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, park or public place whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, or used with or without compensation.
RESPONSE COSTS: Are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: 1) salaries and benefits of law enforcement, Code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such responses; 2) the cost of any medical treatment for any law enforcement, Code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; 3) the cost of repairing any Town equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and 4) any other allowable costs related to the enforcement of this section.
B. Consumption Of Alcoholic Beverages By Minor In Public Place, Place Open To Public, Or Place Not Open To Public: Except as permitted by State law, it is unlawful for any minor to:
1. Consume at any public place, or any place open to the public, an alcoholic beverage; or
2. Consume at any place not open to the public any alcoholic beverages, unless in connection with the consumption of the alcoholic beverage, that minor is being supervised by his or her parent or legal guardian.
C. Hosting, Permitting, Or Allowing A Party, Gathering, Or Event Where Minors Consuming Alcoholic Beverages Prohibited:
1. In General:
a. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
b. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows that the minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage or failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in subsection C1a of this section.
2. Use Between Minor And Parent: This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
3. Family Activity In Family Home: Nothing in this section should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public then said providers of alcoholic beverages will be held responsible in the same manner as a non-family gathering.
4. Religious Activity: Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcoholic beverages. However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcoholic beverages will be held responsible in the same manner as a nonreligious gathering.
5. State License: This section shall not apply to any premises licensed by the State of Oklahoma to dispense alcoholic beverages.
6. Reservation Of Legal Options: Violation of this section may be prosecuted by the Town criminally, civilly, and/or administratively as provided by this Code. The Town may seek administrative fees and response costs associated with enforcement of this section through all remedies or procedures provided by statute, ordinance, or law. This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the Town's ability to initiate, and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.
7. Local Authority: This section shall not apply where prohibited or preempted by State or Federal law. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
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