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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)
A. Location Near School Or Church: It shall be unlawful for any mixed beverage establishment, beer and wine establishment, or bottle club, which has been licensed by the Alcoholic Beverage Laws Enforcement (ABLE) Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, to be located within three hundred feet (300') of any public or private school or church property primarily and regularly used for worship services and religious activities.
B. Measuring Distance: The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club, retail package store.
C. Exceptions:
1. Continuous Operation: The provisions of this section shall not apply to mixed beverage establishments, beer and wine establishments, bottle clubs, which have been licensed to sell alcoholic beverages for on premises consumption, or retail package stores prior to November 1, 2000; provided, if at the time of application for license renewal, the licensed location has not been in actual operation for a continuous period of more than sixty (60) days, the license shall not be renewed.
2. Lapse Of No More Than Sixty Days: If any school or church shall be established within three hundred feet (300') of any retail package store, mixed beverage establishment, beer and wine establishment, or bottle club, subject to the provisions of this section after such retail package store, mixed beverage establishment, beer and wine establishment, or bottle club has been licensed, the provisions of this section shall not be a deterrent to the renewal of such license if there has not been a lapse of more than sixty (60) days.
3. Change In Ownership: When any mixed beverage establishment, beer and wine establishment, or bottle club, subject to the provisions of this section which has a license to sell alcoholic beverages for on premises consumption, or retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provisions of this section shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
A. Except as provided in subsection B of this section, it shall be unlawful for any operator to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street or alley any alcoholic beverage, except in the original container which shall not have been opened and from which the original cap or seal 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 station wagon or 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 violating the provisions of this section shall be deemed guilty of an offense and shall pay the fine as provided in the schedule of fines and bonds.
B. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver's immediate possession any intoxicating beverage.
C. As used in this section:
BUS: Means a vehicle as defined in section 1-105 of title 47 of the Oklahoma Statutes chartered for transportation of persons for hire. It shall not mean a school bus, as defined by section 1-160 of title 47 of the Oklahoma Statutes, transporting children or a vehicle operated pursuant to a franchise with a city or town operating over a regularly scheduled route.
LIMOUSINE: Means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by section 1-174 of title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
The Town, as to any mixed beverage, beer and wine, caterer, public event or bottle club licensee having its principal place of business in the Town, may initiate a license suspension or revocation proceeding as to such licensee by filing a written complaint with the ABLE Commission. The complaint shall set forth the grounds for the proposed suspension or revocation. Such complaint may be based on any ground that the ABLE Commission might have asserted. Upon receipt of such complaint, the ABLE Commission shall forward a copy of the complaint to the licensee together with written notice of the time and place of hearing thereon. The hearing shall be held within the time limits and in the manner prescribed for suspension or revocation proceedings initiated by the ABLE Commission. In any proceeding initiated pursuant to this section, the Town shall be deemed an interested party, shall have the right to be heard and to present evidence at the hearing on the complaint and shall be entitled to appeal from any final order entered by the ABLE Commission in the manner otherwise provided in the Oklahoma Alcoholic Beverage Control Act. The Town shall not be required to give bond on appeal. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
A. No person shall:
1. Knowingly sell, deliver or furnish alcoholic beverages to any person under twenty one (21) years of age;
2. Sell, deliver or knowingly furnish alcoholic beverages to an intoxicated person or to any person who has been adjudged insane or mentally deficient;
3. 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;
4. Import into this State, except as provided for in the Oklahoma Alcoholic Beverage Control Act, any alcoholic beverages; provided, that nothing herein shall prohibit the importation or possession for personal use of not more than one liter (1 L) of alcoholic beverages upon which the Oklahoma Excise Tax is delinquent;
5. Receive, possess or use any alcoholic beverage in violation of the provisions of the Oklahoma Alcoholic Beverage Control Act;
6. Knowingly transport into, within or through this State more than one liter (1 L) of alcoholic beverages upon which the Oklahoma Excise Tax has not been paid unless the person accompanying or in charge of the vehicle transporting same shall possess a true copy of a bill of lading, invoice, manifest or other document particularly identifying that alcoholic beverages are being transported and showing the name and address of the consignor and consignee; provided, this prohibition shall not apply to the first one hundred eighty liters (180 L) of alcoholic beverages classified as household goods by military personnel, age twenty one (21) or older, when entering Oklahoma from temporary active assignment outside the contiguous United States;
7. 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, or be intoxicated in a public place, except as otherwise permitted by this Code;
8. Forcibly resist lawful arrest, or by physical contact interfere with an investigation of any infringement of the Oklahoma Alcoholic Beverage Control Act or with any lawful search or seizure being made by a law enforcement officer or an employee of the ABLE Commission, when such person knows or should know that such acts are being performed by a State, county or municipal officer or employee of the ABLE Commission;
9. Knowingly and willfully permit any individual under twenty one (21) years of age who is an invitee to the person's residence, any building, structure or room owned, occupied, leased or otherwise procured by the person or on any land owned, occupied, leased or otherwise procured by the person, to possess or consume any alcoholic beverage;
10. Any person selling or keeping a mixed beverage establishment, package store, bottle club or other ABLE licensed establishment open to sell any alcoholic beverage during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act, and any person selling or permitting the sale of alcoholic beverages at a grocery store, convenience store or drug store during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act shall be guilty of an offense;
11. No minor shall be employed in the selling, manufacture, distribution or other handling of alcoholic beverages at any place within the Town. No person shall employ or assist or aid in causing the employment of any minor at any place within the Town in the selling, manufacture, distribution or other handling of alcoholic beverages. No minor shall be permitted to remain within or to loiter about the premises of a retail alcoholic beverage store. Violation of this provision shall subject the owner or proprietor, as well as the underage person, to prosecution;
12. No person within this Town shall drink intoxicating liquor or alcoholic beverage in any public place, nor shall any person be intoxicated in a public place within this Town, nor shall any owner, operator or manager of any business or public place to which the public is generally invited allow an intoxicated person to remain in or upon the premises;
13. No person shall knowingly sell, deliver or furnish alcoholic beverages, at any place within the Town limits of the Town to any person who is a minor. Neither shall any minor misrepresent his age verbally nor in writing, or present false documentation of age or otherwise for the purpose of inducing any other person to sell him alcoholic beverages. (Ord. 2018-2, 9-13-2018, eff. 10-1-2018)
The fine and bond schedule for the offenses provided for in this chapter is as follows:
Section 3-107 | Display license | $100.00 |
Section 3-108 | Drinking in public | 170.00 |
Section 3-109 | Public intoxication/drinking prohibited | 170.00 |
Section 3-110 | Minors and alcoholic beverages | 170.00 |
Section 3-111 | Possession or consumption of alcoholic beverages prohibited in other locations without permission | 170.00 |
Section 3-112 | Permitting or allowing gatherings where minors are consuming alcoholic beverages | 170.00 |
Section 3-113 | Location of retail package store, mixed beverage establishments, beer or wine establishments or bottle clubs | 170.00 |
Section 3-114 | Transporting open containers of alcoholic beverages | 170.00 |
Section 3-116 | Prohibited acts | 170.00 |
(Ord. 2018-2, 9-13-2018, eff. 10-1-2018)