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All words, terms and phrases used in this section and not defined to the contrary herein shall be interpreted and construed in accord with the definitions of the same set forth in the Oklahoma Alcoholic Beverage Act, and with the same force and effect as if set forth in full herein and such definitions are hereby made a part hereof by reference. For the purposes of this chapter and following chapters, the following definitions shall apply, unless clearly indicated to the contrary:
ABLE COMMISSION: Means the Alcoholic Beverage Law Enforcement Commission.
ALCOHOL: Means hydrated, oxide of ethyl, ethyl alcohol, ethanol, or spirits of wine from whatever source or whatever process produced. The term does not include wood alcohol or alcohol which has been denatured or produced as denatured in accordance with acts of Congress and regulations promulgated thereunder.
ALCOHOLIC BEVERAGE: Means alcohol, spirits, beer, and wine as those terms are defined herein 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 sections 10-900 and 10-2401 of this Code.
APPLICANT: Means any individual, legal or commercial business entity, or any individual involved in any legal or commercial business entity allowed to hold any license issued in accordance with the Oklahoma Alcoholic Beverage Control Act.
BEER: Means any beverage containing more than three and two- tenths percent (3.2%) of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of barley or other grain, malt or similar products. Beer may or may not contain hops of other vegetable products. Beer includes, among other things, beer, ale, stout, lager beer, porter, and other malt or other brewed liquors, but does not include sake, known as Japanese rice wine.
BOTTLE CLUB: Means 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 on club premises.
BREWER: Means any person who produces beer in this State.
CATERER: Means any person authorized to sell mixed beverages for on-premises consumption incidental to the sale or distribution of food and who is required to have a caterers license from the ABLE Commission.
CLASS B WHOLESALER: Means any person doing any such acts or carrying on any such business that would require such person to obtain a Class B wholesaler license from the ABLE Commission.
CONVICTED AND CONVICTION: Mean and include a finding of guilt resulting from a plea of guilty or nolo contendere, the decision of a court or Magistrate or the verdict of a jury, irrespective of the pronouncement of judgment or the suspension thereof.
DIRECTOR: Means the Director of the Alcoholic Beverage Laws Enforcement Commission under the supervision of said commission.
DISTILLER: Means any person who produces spirits from any source or substance, or any person who brews or makes mash, wort, or wash, fit for distillation or for the production of spirits (except a person making or using such material in the authorized production of wine or beer, or the production of vinegar by fermentation), or any person who by any process separates alcoholic spirits from any fermented substance, or any person who, making or keeping mash, wort, or wash, has also in his possession or use a still.
HOTEL OR MOTEL: Shall mean an establishment which is licensed to sell alcoholic beverages by the individual drink and which contains guestroom accommodations with respect to which the predominant relationship existing between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest. For purposes of this section, the existence of other legal relationships as between some occupants and the owner or operator thereof shall be immaterial.
INTOXICATING ALCOHOLIC BEVERAGE: Means all beverages containing more than three and two-tenths percent (3.2%) alcohol by weight.
LEGAL NEWSPAPER: Means a newspaper meeting the requisites of a newspaper for publication of legal notices as prescribed in sections 101 through 114 of title 25 of the Oklahoma Statutes.
LICENSEE: Means any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant, or employee of such licensee while in the performance of any act or duty in connection with the licensed business or on the licensed premises.
LIGHT BEER: Means a low-point beer controlled under this title.
LIGHT WINE: Means any wine containing not more than fourteen percent (14%) alcohol measured by volume at sixty degrees Fahrenheit (60°F).
MANUFACTURER: Means brewer, distiller, winemaker, rectifier, or bottler of any alcoholic beverage.
MANUFACTURER'S AGENT: Means a salaried or commissioned salesman who sells to a wholesaler or Class B wholesaler only.
MEALS: Means foods commonly ordered at lunch or dinner and at least part of which is cooked on the licensed premises and requires the use of dining implements for consumption. Provided, that the service of only food such as appetizers, sandwiches, salads or desserts shall not be considered "meals".
MINI-BAR: Means a closed container, either refrigerated, in whole or in part, or nonrefrigerated, and access to the interior of which is: a) restricted by means of a locking device which requires the use of a key, magnetic card, or similar device, or b) controlled at all times by the licensee.
MIXED BEVERAGE COOLER: Means any beverage, by whatever name designated, consisting of an alcoholic beverage and fruit or vegetable juice, fruit or vegetable flavorings, dairy products or carbonated water containing more than one-half of one percent (1/2 of 1%) of alcohol measured by volume but not more than seven percent (7%) alcohol by volume at sixty degrees Fahrenheit (60°F) and which is packaged in a container not larger than three hundred seventy five milliliters (375 mL). Such term shall include, but not be limited to, the beverage popularly known as a "wine cooler".
MIXED BEVERAGE ESTABLISHMENT: Means any person authorized to purchase intoxicating alcoholic beverages in retail containers from the holder of a wholesaler or Class B wholesaler license and to sell, offer for sale and possess mixed beverages for on- premises consumption only and who is required to have a mixed beverage license from the ABLE Commission.
MIXED BEVERAGES: Means one or more servings of a beverage composed in whole or part of an intoxicating alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage, caterer, or special event license.
NONINTOXICATING ALCOHOL BEVERAGE: Means all beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight.
OCCUPATION: As used in connection with "Occupation Tax" means the sites occupied as the places of business of the manufacturers, wholesalers, Class B wholesalers, retailers, mixed beverage licensees, beer and wine licensees, bottle clubs, caterers, and special event licensees.
OFFICER: Means any officer, director, stockholder, owner, manager, or any person who has a financial interest in a State licensee or who directs any policy of a State licensee.
OKLAHOMA WINEMAKER: Means business premises in Oklahoma licensed pursuant to the Oklahoma Alcoholic Beverage Control Act wherein wine is produced by the licensee who must be a resident of the State. The wine product fermented in the licensed premises shall be of grapes, berries and other fruits and vegetables imported into this State and processed herein or shall be of grapes, berries and other fruits and vegetables grown in Oklahoma.
ORIGINAL PACKAGE: Means any container of alcoholic beverage filled and stamped or sealed by the manufacturer.
OWNER: Means any officer, owner, manager or other person who shall receive any percentage of profits directly from the operation of a tavern or directs any policy of a tavern.
PATRON: Means any person, customer, or visitor who is not employed by a licensee or who is not a licensee.
PERSON: Means an individual, any type of partnership, corporation, association, limited liability company or any individual involved in the legal structure of any such business entity.
PREMISES: Means the grounds and all buildings and appurtenances pertaining to the grounds including any adjacent premises if under the direct or indirect control of the licensee and the rooms and equipment under the control of the licensee and used in connection with or in furtherance of the business covered by a license. Provided that the ABLE Commission shall have the authority to designate areas to be excluded from the licensed premises solely for the purpose of:
A. Allowing the presence and consumption of alcoholic beverages, by private parties which are closed to the general public; or
B. Allowing the services of a caterer serving alcoholic beverages provided by a private party. This exception shall in no way limit the licensee's concurrent responsibility for any violations of the Oklahoma Alcoholic Beverage Control Act occurring on the licensed premises.
PUBLIC EVENT: Means any event that can be attended by the general public.
RECTIFIER: Means any person who rectifies, purifies, or refines spirits or wines by any process (other than by original and continuous distillation, or original and continuous processing, from mash, wort, wash, or other substance, through continuous closed vessels and pipes, until the production thereof is complete), and any person who, without rectifying, purifying or refining spirits, shall by mixing (except for immediate consumption on the premises where mixed) such spirits, wine, or other liquor with any material, manufactures any spurious, imitation, or compound liquors for sale, under the name of whiskey, brandy, rum, gin, wine, spirits, cordials, or any other name.
RETAIL CONTAINER: Means the original package for spirits and wines having a capacity of not more than one gallon and not less than one-twentieth (1/20) of one gallon.
RETAIL DEALER: Means any person who sells, distributes or dispenses any nonintoxicating alcoholic beverages at retail to the public for consumption or use, whether consumed on the premises or not.
RETAIL PACKAGE STORE: Means a retail store engaged in the sale of intoxicating alcoholic beverages and licensed by the ABLE Commission.
RETAIL SALESPERSON: Means a salesperson soliciting orders from and calling upon retail alcoholic beverage stores with regard to his or her product.
RETAILER: Means the holder of a package store license.
SALE: Means any transfer, exchange or barter in any manner, or by any means whatsoever, and includes all sales made by any person, whether as principal, proprietor, agent, servant or employee.
SHORT ORDER FOOD: Means food other than full meals including but not limited to sandwiches, soups, and salads. Provided that popcorn, chips, and other similar snack food shall not be considered "short order food".
SPARKLING WINE: Means champagne or any artificially carbonated wine.
SPECIAL EVENT LICENSEE: Means any person authorized to sell and distribute mixed beverages for consumption on the premises for which a State license from the ABLE Commission has had or will be issued for a period not to exceed ten (10) consecutive days.
SPIRITS: Means any beverage other than wine, beer or light beer, which contains more than one-half of one percent (1/2 of 1%) alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds; but shall not include any alcohol liquid completely denatured in accordance with the acts of Congress and regulations pursuant thereto.
STATE LICENSEE: Means any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant, or employee of such licensee while in the performance of any act or duty in connection with the licensed business or on the licensed premises.
TAVERN: Means any establishment or business which sells nonintoxicating alcoholic beverages at retail and where over fifty percent (50%) of its gross dollar sales are not derived from the sale of food or engaging in the recognized sport of bowling. Such sales of food shall be at retail and shall be sold for consumption on the premises of the establishment.
WHOLESALER: Means any person doing any such acts or carrying on any such businesses that would require such person to obtain a wholesaler's license or licenses from the ABLE Commission.
WINE: Means and includes any beverage containing more than one- half of one percent (1/2 of 1%) alcohol by volume and not more than twenty four percent (24%) alcohol by volume at sixty degrees Fahrenheit (60°F) obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine.
WINEMAKER: Means any person who produces wine.
Words in the plural include the singular, and vice versa, and words imparting the masculine gender include the feminine, as well as persons and licensees as defined in this section. (Ord. 14-10-2, 10-6-2014)