No municipal license shall be issued to any retail dealer by the city clerk without a satisfactory showing that the applicant has obtained all state and county permits required by law, and has in all other respects complied with the state and local alcoholic beverage control requirements. All such licenses shall expire on June 30. No license shall be transferable. (Prior code § 2-14)
A. It shall be unlawful:
1. For any place which has received a permit or which has been licensed by the alcoholic beverage laws enforcement commission to sell nonintoxicating beverages (low point beer) and which has as its main purpose the selling or serving of nonintoxicating beverages (low point beer) for consumption on the premises 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; however, 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, a college or university prior to waiving the three hundred foot (300') requirement found in this subsection 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 any establishment seeking the license or to the District Court of the County. As used in this subsection "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.
The distance indicated 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 nonintoxicating beverages (low point beer).
The provisions of this subsection shall not apply to places which have received a permit or which have been licensed to sell nonintoxicating beverages (low point beer) for on premises consumption prior to July 1, 1999.
If any school or church shall be established within three hundred feet (300') of any place subject to the provisions of this subsection after the place has received a permit or been licensed, the provisions of this subsection shall not be a deterrent to the renewal of the permit or license if there has not been a lapse of more than sixty (60) days.
When any place subject to the provisions of this subsection which has a permit or license to sell nonintoxicating beverages (low point beer) for on premises consumption changes ownership or the operator thereof is changed, and the changes results in the same type of business being conducted on the premises, the provisions of this subsection shall not be a deterrent to the issuance of a license or permit to the new owner or operator if he or she is otherwise qualified.
If an establishment selling nonintoxicating beverages (low point beer) also is the holder of a mixed beverage or beer and wine license issued by the Alcoholic Beverage Laws Enforcement Commission, the establishment shall be subject to the provisions set forth in chapter 1 of this part. (Ord. 654, 8-21-2012)