No person shall operate or maintain any business serving mixed beverages or beer or wine without having previously paid the Occupational Tax as provided in this chapter.
A. Hours Of Operation: Establishment to which the on premises mixed beverage, beer and wine, caterer, public event, charitable event, or special event Occupational Tax is applicable may sell, dispense, serve or allow to be consumed any mixed beverages, beer or wine on the premises Monday through Sunday ten o'clock (10:00) A.M. to two o'clock (2:00) A.M.
B. Location: It shall be unlawful for any establishment to which mixed beverages, beer or wine is served to be consumed on- premises 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.
The distance indicated in this section shall be measured from the nearest property line of the public or private school or church to the nearest perimeter wall of the premises of the place which has received a permit or which has been licensed to sell alcoholic beverages.
1. Exceptions:
a. When any establishment licensed to serve mixed beverages, beer or wine to be consumed on-premises prior to November 1, 2000; provided, if at the time of application for license renewal the licensed location has been in actual operation for a continuous period of more than sixty (60) days, the license shall be renewed.
b. Establishments licensed prior to October 1, 2018, to sell low- point beer which were permitted 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, pursuant to the provisions of title 37A of the Oklahoma Statutes, shall be permitted to have any license in effect on October 1, 2018, transferred to a mixed beverage license; provided, if such an establishment ceases to regularly be open to the public or changes ownership, the provisions of this paragraph shall cease to apply.
c. When any establishment licensed to serve mixed beverages, beer or wine to be consumed on-premises subject to the provisions of this section 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.
d. If any school or church shall be established within three hundred feet (300') of any establishment licensed to serve mixed beverages, beer or wine to be consumed on-premises subject to the provisions of this section after such establishment 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 operations for more than sixty (60) days.
A college or university may waive the three hundred foot (300') requirement by providing written notice to the establishment seeking the license and to the District Court of the County in which the establishment is located during the County beverage permit application process. Provided, the college or university prior to waiving the three hundred foot (300') requirement found in this section shall publish a notice of its intention to waive such requirement in a legal newspaper of general circulation at least thirty (30) days but no more than forty (40) days prior to providing written notice to any establishment seeking the license or to the District Court of the County. As used in this section "legal newspaper of general circulation" means a newspaper meeting the requisites of a newspaper for publication of legal notices as prescribed in 25 Oklahoma Statutes section 106 in a majority of the counties in the State.
C. Employment: No person shall employ any person under eighteen (18) years of age in the selling of beer or wine or employ any person under twenty one (21) years of age in the selling of mixed beverages. Provided:
1. A mixed beverage, beer and wine, caterer, public event, special event, bottle club, retail wine or retail beer licensee may employ servers or sales clerks who are at least eighteen (18) years of age, except persons under twenty one (21) years of age may not serve in designated bar or lounge areas, and
2. A mixed beverage, beer and wine, caterer, public event, special event or bottle club licensee may employ or hire musical bands who have musicians who are under eighteen (18) years of age if each such musician is either accompanied by a parent or legal guardian or has on their person, to be made available for inspection upon demand by any employee of the ABLE Commission or law enforcement officer, a written, notarized affidavit from the parent or legal guardian giving the underage musician permission to perform in designated bar or lounge areas. (Ord. 753, 9-4-2018)