No person shall operate, manage or work in any retail establishment that sells, for off premises consumption only, any type of alcoholic beverage without having previously obtained an occupational license for that store as provided in this chapter.
A. Hours Of Operation: Retail package stores will be permitted to remain open and operational on Monday through Saturday from eight o'clock (8:00) A.M. through midnight Further, no person shall open or operate a retail package store at any time on the following days:
1. Sunday;
2. Thanksgiving Day;
3. Christmas Day;
No wholesale dealer shall sell or deliver to any retail package store on any of the days listed above.
Retail establishments selling beer and/or wine may offer for retail sale on Monday through Sunday between the hours of six o'clock (6:00) A.M. and two o'clock (2:00) A.M. the following day.
B. Location: It shall be unlawful for any retail package store and retail stores selling beer and/or wine 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.
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. Retail package stores and retail stores selling beer and/or wine 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.
b. When any retail package store and retail stores selling beer and/or wine 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.
c. If any school or church shall be established within three hundred feet (300') of any retail package store and retail stores selling beer and/or wine 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: Retail package stores shall not employ any person under the age of twenty one (21) years of age in the selling of spirits.
Retail stores selling beer and/or wine shall not employ any person under the age of eighteen (18) years of age in the selling of beer or wine.
D. Sale Only In Original Package: Retail package stores and retail stores selling beer and/or wine may sell alcoholic beverages only in retail containers for consumption off the premises.
Retail package stores and retail stores selling beer and/or wine may sell beer and wine at refrigerated temperatures.
E. Sale Of Other Goods Allowed: Retail package stores may sell anything sold in a grocery or convenience store including items such as lottery tickets, tobacco, Tylenol, etc. Sale of other goods shall not exceed twenty percent (20%) of their gross monthly sales.
F. Alcohol By Volume: Retail beer license holders may sell beer up to 8.99 percent alcohol by volume (ABV).
Retail wine license holders may sell wine up to fifteen percent (15%) alcohol by volume (ABV). (Ord. 753, 9-4-2018; amd. Ord. 827, 2-7-2023)