3-2-2: DEFINITIONS:
As used in this chapter, the following words, phrases and terms shall have the meanings ascribed to them, and be construed in accordance with, such definitions and construction as provided by 37A Oklahoma Statutes section 1-103, of the Oklahoma Beverage Control Act.
ABLE COMMISSION or ABLE: The Alcoholic Beverage Laws Enforcement Commission.
ALCOHOL: Includes hydrated oxide of ethyl, ethyl alcohol, ethanol or spirits of wine, from whatever source or by whatever process produced. It 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: 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.
APPLICANT:
   a.   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; and
   b.   Any individual, legal or commercial business entity or any individual who is qualified as an applicant under this chapter for any such license and who applies for payment of the occupation tax as provided in section 3-2-3 of this code.
BEER: Any beverage of alcohol by volume 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 or other vegetable products. "Beer" includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine.
BEER KEG: Any manufacturer-sealed, single container that contains not less than four (4) gallons of beer.
BRAND: Any word, name, group of letters, symbol or combination thereof, that is adopted and used by a licensed manufacturer to identify a specific beer and to distinguish that product from another beer.
BREWER: Includes any person who manufactures for human consumption by the use of raw materials or other ingredients any beer upon which a license fee and a tax are imposed by any law of this state and ordinance of the city.
BREWPUB: A licensed establishment operated on the premises of, or on premises located contiguous to, a small brewer, as defined in this chapter, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption.
CONVENIENCE STORE: Any person or entity primarily engaged in retailing a limited range of general household items and groceries, with extended hours of operation, whether or not engaged in retail sales of automotive fuels in combination with such sales.
DISTILLER: 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 or her possession or use a still.
DRUG STORE: A legal person primarily engaged in retailing prescription and non-prescription drugs and medicines.
DUAL-STRENGTH BEER: A brand of beer that, prior to October 1, 2018, has been sold and distributed in this state:
   a.   As a low-point beer pursuant to the Low-Point Beer Distribution Act in effect prior to October 1, 2018; and
   b.   As strong beer pursuant to the Alcoholic Beverage Control Act in effect prior to October 1, 2018.
GROCERY STORE: A person primarily engaged in retailing a general line of food, such as canned or frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry.
HOTEL or MOTEL: 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.
LICENSE: Any license issued by the state, acting through ABLE, in accordance with the Alcoholic Beverage Control Act, as codified at either title 37 or title 37A of the Oklahoma statutes.
LICENSEE:
   a.   Any person holding a license issued by the state under the 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, regardless of when issued.
   b.   For purposes of this chapter, licensee also includes any person holding a license issued by the City under title 3, chapter 2, of the city code prior to October 1, 2018, 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, regardless of when issued.
MANUFACTURER: A brewer, distiller, winemaker, rectifier or bottler of any alcoholic beverage and its subsidiaries, affiliates and parent companies.
MANUFACTURER'S AGENT: A salaried or commissioned salesperson who is the agent authorized to act on behalf of the manufacturer or non-resident seller in the state.
MINI-BAR: A closed container, either refrigerated in whole or in part, or non-refrigerated, 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: 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 (375) milliliters. Such term shall include but not be limited to the beverage popularly known as a "wine cooler".
MIXED BEVERAGES: One or more servings of a beverage composed in whole or part of an 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, beer and wine, caterer, public event, charitable event or special event license.
OCCUPATION: As used in connection with "occupation tax" means the occupation of engaging in a business that is under the jurisdiction of ABLE and is operating, without limitation, as a retailer of spirits, mixed beverages, beer or wine, or as a caterer, public event or special event licensee, bottle club, manufacturer, wine and spirits wholesaler or beer distributor.
OCCUPATION TAX: For purposes of this chapter is the tax levied annually by the City for the privilege of engaging in an business that is under the jurisdiction of ABLE and is operating, without limitation, as a retailer of spirits, mixed beverages, beer or wine, or as a caterer, public event or special event licensee, bottle club, manufacturer, wine and spirits wholesaler or beer distributor, not to exceed the state license fee for each respective license; provided, the tax shall be levied only on such licensee who has a principal place of business in the city, and as authorized by 37A Oklahoma Statutes section 4-104.
ORIGINAL PACKAGE: Any container of alcoholic beverage filled and stamped or sealed by the manufacturer.
PACKAGE STORE: Any sole proprietor or partnership that qualifies to sell wine, beer and/or spirits for off-premises consumption and that is not a grocery store, convenience store or drug store, or other retail outlet that is permitted to sell wine or beer, for off-premise consumption.
PATRON: Any person, customer or visitor or who is not a licensee or who is not employed by a licensee but is or has recently been served as alcoholic beverage for on-premises consumption.
PERSON: 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: 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.
PRINCIPAL PLACE OF BUSINESS: For purposes of this chapter, means any single, definable and physically segregated location where operations subject to licensure under title 37A of the Oklahoma Statutes are, or may be, undertaken.
PRIVATE EVENT: A social gathering or event attended by invited guests who share a common cause, membership, business or task and have a prior established relationship. For purposes of this definition, advertisement for general public attendance or sales of tickets to the general public shall not constitute a private event.
PUBLIC EVENT: Any event that can be attended by the general public.
RECTIFIER: 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.
REGULATION or RULE: A formal rule of general application promulgated by the ABLE Commission or by the City.
RESTAURANT: An establishment that is licensed to sell alcoholic beverages by the individual drink for on-premises consumption and where food is prepared and sold for immediate consumption on the premises.
RETAIL CONTAINER FOR SPIRITS AND WINES: An original package of any capacity approved by the United States Bureau of Alcohol, Tobacco and Firearms.
RETAILER: A package store, grocery store, convenience store or drug store licensed to sell alcoholic beverages for off-premise consumption pursuant to a retail spirits license, retail wine license or retail beer license.
SALE: Any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether as principal, proprietor or as an agent, servant or employee. The term "sale" is also declared to be and include the use or consumption in this state of any alcoholic beverage obtained within or imported from without this state, upon which the excise tax levied by the Alcoholic Beverage Control Act has not been paid or exempted.
SMALL BREWER: A brewer who manufactures less than twenty-five thousand (25,000) barrels of beer annually pursuant to a validly issued small brewer license hereunder.
SMALL FARM WINE: A wine that is produced by a small farm winery with seventy-five percent (75%) or more Oklahoma-grown grapes, berries, other fruits, honey or vegetables.
SMALL FARM WINERY: A wine-making establishment that does not annually produce for sale more than fifteen thousand (15,000) gallons of wine as reported on the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Report of Wine Premises Operations.
SPARKLING WINE: Champagne or any artificially carbonated wine.
SPECIAL EVENT: An entertainment, recreation or marketing event that occurs at a single location on an irregular basis and at which alcoholic beverages are sold.
SPIRITS: Any beverage other than wine or 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.
STRONG BEER: Beer which, prior to October 1, 2018, was distributed pursuant to the Oklahoma Alcoholic Beverage Control Act, 37 Oklahoma Statutes sections 501 et seq.
TERRITORY: A geographic region with a specified boundary.
WINE: 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.
WINE AND SPIRITS WHOLESALER or WINE AND SPIRITS DISTRIBUTOR: Includes any sole proprietorship or partnership licensed to distribute wine and spirits in the state. The term "wholesaler", as used in this act, shall be construed to refer to a wine and spirits wholesaler.
(Ord. 755, 9-17-2018)