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GENERAL PROVISIONS
Definitions of terms used in this subchapter shall be in conformity with those provided in 37 O.S. § 506. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABLE COMMISSION. The Alcoholic Beverage Laws Enforcement Commission of the state.
ALCOHOLIC BEVERAGE. Alcohol, spirits, beer and wine as those terms are defined in 37 O.S. § 506 and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings, but does not include “low-point beer” as that term is defined in § 111.25 of this chapter.
BOTTLE CLUB. Any establishment in a county which has not authorized the retail sale of alcoholic beverages by the individual drink, which is required to be licensed to keep, mix and serve alcoholic beverages belonging to club members or club premises. It includes any association, person, firm or corporation, key club, locker club, pool club or any other kind of club or association excluding the general public from its premises or place of meeting or congregating or operating or exercising control over any other place where persons are permitted to drink alcoholic beverages other than in a private home.
(Prior Code, § 3-2-1)
Statutory reference:
Related provisions, see 37A O.S. § 1-103
(A) Taxes levied.
(1) There is hereby levied and assessed an annual occupation tax on every business or occupation relating to alcoholic beverages as specifically enumerated herein and pursuant to the provisions of 37 O.S. § 554.1 in the following amounts:
(a) Liquor by the drink sales: $100 for stores and businesses to sell liquor by the drink;
(b) Beer sales: $50 for stores and businesses to sell beer; and
(c) Liquor stores: $50 for liquor stores.
(2) The occupation tax for those service organizations which are exempt under I.R.C. § 501(c)(19), (8) or (10) for bottle club licenses shall be $500.
(B) Payment of tax.
(1) Payment in advance. The occupation tax levied herein shall be paid in advance annually, on or before July 1 to the town’s Clerk-Treasurer.
(2) Issuance of receipt; records kept. Upon payment of the occupation tax, the town’s Clerk-Treasurer shall issue a receipt, signed by the town’s Clerk-Treasurer, to the licensee paying such occupation tax. The town’s Clerk-Treasurer shall also record the name of the licensee and the address where the licensee engages in his or her occupation. Such record shall be duly filed and kept in the permanent files of the town for at least five years. Thereafter, upon resolution by the Board of Trustees, it may be destroyed.
(3) Receipt posted. Any licensee shall post his or her tax receipt in a conspicuous place on the premises wherein he or she carries on his or her occupation.
(4) Proration of tax. The tax shall be prorated on a monthly basis for the year in which an occupation begins operation.
(C) Scope of tax. The occupation tax shall cover only the person paying the tax and no other or a successor thereof, and shall not be refundable.
(D) Failure to pay tax. All sums due from any person by reason of occupation taxes imposed by this subchapter and all penalties accruing from such person by reason of failure to pay such tax shall be recoverable by suit of the town, brought against such person in any court of competent jurisdiction. In any suit, in addition to the tax and penalties, the plaintiff shall recover interest, at the rate of 10% per annum, upon all sums due by way of tax and penalty from the date of accrual thereof, and all costs of collection, judicial or otherwise, including reasonable attorney fees, all to be determined by the court. Prosecution for an offense against the town, arising out of the failure to pay a tax levied by this subchapter, regardless of the outcome thereof or its continued pendency, shall not constitute a defense or bar in any manner to the collection of the tax and penalties, if any are due, as herein provided.
(E) Annual report to state. The town’s Clerk-Treasurer shall make and transmit to the ABLE Commission an annual report showing the number and class of licenses subject to the tax and the amount of money received therefrom.
(Prior Code, § 3-2-2) (Ord. 3-102, passed 9-10-2001)
Statutory reference:
Related provisions, see 37A O.S. § 4-104
(A) State and town licenses required. No person shall own, operate or maintain a retail package store or mixed beverage establishment, or manufacture, distribute or sell any beer, spirits, wine or other alcoholic beverage, without first obtaining valid licenses issued by the state and the town.
(B) Application for license. Every person desiring to obtain a license as provided for herein shall make application to the town’s Clerk-Treasurer on forms to be provided setting forth the location of the business, the names of all persons interested in the business, together with their addresses; if a corporation, the application shall include the names of the president and managing officer.
(C) Conditions of issuance.
(1) No licensee shall be issued a license without satisfactory showing that the applicant has:
(a) Satisfied the conditions of this subchapter;
(b) Obtained all applicable state and county permits or licenses; and
(c) Paid the tax as required herein.
(2) No license shall be issued or valid unless the licensee meets the requirements of the town zoning ordinances and regulations, when implemented.
(Prior Code, § 3-2-3)
(A) Application for certificates. Every applicant for a certificate of compliance with the Fire, Health and Safety Codes of the town required by 37 O.S. shall apply at the office of the town’s Clerk-Treasurer by:
(1) Filing a written application on forms prescribed by that office; and
(2) Paying a verification and certification fee in the amount as set by the Board of Trustees at the time of filing.
(B) Investigation. Upon receipt of an application for a certificate of compliance, the town’s Clerk-Treasurer shall cause an investigation to be made to determine whether the premises proposed for licensed operations complies with the provisions of any Health, Fire, Building or other Safety Codes applicable to it.
(C) Issuance of certificates to ABLE Commission.
(1) 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.
(2) The Town Board shall act on such applications within 20 days of receipt thereof.
(D) Signatures required. The above certificates of compliance shall be signed by the Mayor.
(Prior Code, § 3-2-4)
Statutory reference:
Related provisions, see 37A O.S.
(A) Retail package stores. No person shall own, operate, maintain or have any interest in any retail package store which is located at a place in the town which is forbidden as a location for such store by state laws or town ordinances.
(B) Retail package stores and mixed beverage establishments.
(1) It shall be unlawful for any mixed beverage establishment, beer and wine establishment, or bottle club which has been licensed by the 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 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities.
(2) The distance indicated in this division (B) 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 or retail package store which has been licensed to sell alcoholic beverages.
(3) The provisions of this division (B) shall not apply to mixed beverage establishments, beer and wine establishments or bottle clubs, which have been licensed to sell alcoholic beverages for on premises consumption or retail package stores prior to 11-1-2000; 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 60 days, the license shall not be renewed.
(4) If any school or church shall be established within 300 feet of any retail package store, mixed beverage establishment, beer and wine establishment or bottle club subject to the provisions of this division (B) after such retail package store, mixed beverage establishment, beer and wine establishment or bottle club has been licensed, the provisions of this division (B) shall not be a deterrent to the renewal of such license if there has not been a lapse of more than 60 days.
(5) When any mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this division (B) 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 division (B) shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified.
(Prior Code, § 3-2-5)
(A) No person shall maintain, operate or assist in any manner in the maintenance or operation of a package store upon premises which are not separated from adjoining premises, on which any other goods, wares or merchandise are sold or services are rendered, by non-transparent walls, broken only, if at all, by a passage to which the public is not admitted.
(B) No person shall take any alcoholic beverage through such passageway for the purpose of selling or reselling such beverage, or for the purpose of delivery thereof in connection with a sale of such beverage.
(Prior Code, § 3-2-6) Penalty, see § 111.99
(A) No licensee shall engage in retail sale of alcoholic beverages on such days and times as prohibited by state law.
(B) No package store licensee shall sell or keep a package store premises open for the purpose of selling any alcoholic beverages at any hour than between the hours of 10:00 a.m. and 9:00 p.m., Monday through Saturday; provided that, no such sales shall be made, or package store premises be allowed to remain open for the purpose of making such sales, on the day of any general, primary, runoff primary or special election while the polls are open whether on a national, state, county or city election or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day.
(C) No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a bottle club between the hours of 2:00 a.m. and 10:00 a.m.
(D) No wholesale dealer in alcoholic beverages shall sell or deliver to any package store any amount of spirits or wines on Saturday or Sunday of any week or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day.
(Prior Code, § 3-2-7) Penalty, see § 111.99
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