CHAPTER 2:  ALCOHOLIC BEVERAGES
Article 1:  Taxation and Regulations
   2-1.   Definitions
   2-2.   Occupation tax levied
   2-3.   Tax to be paid to City Clerk; records and receipt
   2-4.   Expiration and occupation
   2-5.   Operation prohibited until tax paid
   2-6.   City Clerk to make report
   2-7.   Violation of state law
   2-8.   Days and hours of operation
   2-9.   Offenses
   2-10.   Advertisement of alcohol prohibited at city sponsored events
   2-11.   Separate premises required
   2-12.   Beverages taken through passageway
   2-13.   Selling requirements
   2-14.   Consumption on premises
   2-15.   Retail sales
   2-16.   Forbidden areas
   2-17.   Transportation
   2-18.   Credit sales
   2-19.   Giving prizes
   2-20.   Retail delivery on certain days
   2-21.   Intoxicated persons in restaurants; possession
   2-22.   Separate offenses
Article 2:  Nonintoxicating Beverages
   2-35.   Definition
   2-36.   Sale to minors
   2-37.   Prohibited hours
   2-38.   (Reserved)
   2-39.   (Reserved)
   2-40.   (Reserved)
   2-41.   Prohibited sale
   2-42.   Dance halls; alcohol sale
   2-43.   Exception
   2-44.   Possession
   2-45.   Transportation
   2-46.   Days and hours of operation
   2-47.   Permission and consumption
   2-48.   Liability; violations
   2-49.   Permitting or allowing gatherings where minors are consuming alcoholic beverages
Article 3:  Special Events Serving Non-Intoxicating or Intoxicating Beverages
   2-100.   Permit required
   2-101.   Definitions
   2-102.   Non-intoxicating and intoxicating beverage permits – Application
   2-103.   Special events permit – Conditions for approval
   2-104.   Special event – Fees
   2-105.   Continuing compliance
   2-106.   Penalty
Article 4:  Adult Recreation Centers
   2-115.   Definitions
   2-116.   License and permit required
   2-117.   Application for license
   2-118.   Application for permit
   2-119.   Investigation
   2-120.   Issuance of license or permit
   2-121.   Denial of license or permit
   2-122.   Appeal from denial of license or permit
   2-123.   Fees
   2-124.   Expiration of license or permit
   2-125.   Operation regulations
   2-126.   Display of license or permit
   2-127.   Unlawful acts
   2-128.   Suspension or revocation
   2-129.   Separate license required for dual operation
 
   2-170.   Penalty
ARTICLE 1:  TAXATION AND REGULATIONS
§ 2-1  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC BEVERAGE.  Beverages controlled by the State Alcoholic Beverage Control Board.
   PACKAGE STORE.  A retail alcoholic beverage store.
   STATE LICENSEE.  Any person, partnership, firm, corporation or association who holds a license issued by the authority of the State Alcoholic Beverage Control Act, 37 O.S. §§ 501 through 599.
(`90 Code, § 2-1)
§ 2-2  OCCUPATION TAX LEVIED.
   (A)   There is hereby levied an annual occupation tax upon each person, firm or corporation engaged within the city in any of the following occupations, in the sums respectively set out in the fee schedule at the end of this code.
      (1)   Brewer;
      (2)   Distiller;
      (3)   Winemaker;
      (4)   State winemaker;
      (5)   Rectifier;
      (6)   Wholesaler;
      (7)   Class B wholesaler;
      (8)   Package store;
      (9)   Bonded warehouse; and
      (10)    Nonresident seller.
   (B)   The above occupation taxes for brewer and Class B wholesaler shall be reduced by 75% if the license is also holder of a state license to manufacture or wholesale, as the case may be, any nonintoxicating malt beverages as provided in Title 37 of state statutes.
(`90 Code, § 2-2)
Statutory reference:
   Definitions of low-point beer, nonintoxicating beverages, and nonintoxicating malt beverage, see 37 O.S. § 163.1
§ 2-3  TAX TO BE PAID TO CITY CLERK; RECORDS; TAX RECEIPT.
   All occupation taxes herein provided shall be paid in advance, to the City Clerk, who shall issue a receipt therefor.  The City Clerk shall record the name of the licensee and the address where he or she engages in his or her occupation.  The records shall be duly filed and kept in the permanent files of the city for at least five years.  Thereafter, upon resolution by the Council, the records may be destroyed.  Every person receiving a receipt from the City Clerk shall post the tax receipt in a conspicuous place in the premises where he or she carries on his or her occupation.
(`90 Code, § 2-3)
§ 2-4  EXPIRATION AND OCCUPATION.
   (A)   All occupation taxes levied under the provisions of this article expire on June 30 of each year.
   (B)   The amount of any occupation tax levied shall be computed pro rata upon the months remaining in the year ending June 30 following.  The taxes paid on or before the fifteenth day of any month shall be on the basis of the first day of the month, and the taxes paid after the fifteenth day of any month shall be on the basis of the first day of the next succeeding month.
(`90 Code, § 2-4)
§ 2-5  OPERATION PROHIBITED UNTIL TAX PAID.
   No brewer, distiller, winemaker, state winemaker, rectifier, wholesaler, Class B wholesaler or retail package store shall do business, or offer to do business in the city until the occupation tax levied by this article has been paid in full to the City Clerk and receipt issued therefor.
(`90 Code, § 2-5)
§ 2-6  CITY CLERK TO MAKE REPORT.
   The City Clerk shall make and transmit to the State Alcoholic Beverage Control Board an annual report showing the number and class of licensees upon which occupation taxes were levied and the amount of money collected from the taxes.
(`90 Code, § 2-6)
§ 2-7  VIOLATION OF STATE LAW.
   Any violation of any state law in connection with any of the matters covered by this article shall be construed to be a specific violation of this article, whether specifically covered by the provisions of this article or not.
(`90 Code, § 2-7)
§ 2-8  DAYS AND HOURS OF OPERATION.
   No retail package store shall be open for the purpose of selling any alcoholic beverage at any hour other than between the hours of 10:00 a.m. and 10:00 p.m., Monday through Saturday.  No sales shall be made, or retail package store be allowed to remain open for the purpose of doing business, making sales, or receiving deliveries of alcoholic liquors, on the day of any general, primary, primary run-off, or special election while the polls are open, whether on a national, state, county or city election, or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day.
(`90 Code, § 2-8)
§ 2-9  OFFENSES.
   (A)   It is an offense for any person under the age of 21 years to be employed in the selling or handling of alcoholic beverages within the city.
   (B)   It is an offense to sell, furnish or give any alcoholic beverage to any person under 21 years of age, or to any intoxicated, insane or mentally deficient person.
   (C)   It is an offense to permit any person under 21 years of age to enter into, remain within or loiter about the premises of any retail package store.
   (D)   It is an offense for any person to misrepresent his or her age in writing or by presenting false documentation of age for the purpose of inducing any person to sell him or her alcoholic beverage.
(`90 Code, § 2-9)
§ 2-10  ADVERTISEMENT OF ALCOHOL PROHIBITED AT CITY SPONSORED EVENTS.
   (A)   It shall be unlawful for any person or business to market or advertise, in any manner or method, products which contain alcohol at any event sponsored by the city.
   (B)   Events sponsored by the city shall include, but are not limited to: sporting events, parades, dances, concerts, or festivals.
   (C)   Any person who knowingly violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.
(`90 Code, § 2-10) (Am. Ord. 3246, passed 2-5-13)
§ 2-11  SEPARATE PREMISES REQUIRED.
   It is an offense for any person to maintain, operate or assist in any manner in the maintenance or operation of a retail package store unless the premises are separated from adjoining premises on which any other goods, wares or merchandise are sold or services are rendered, by nontransparent walls, broken only, if at all, by a passageway to which the public is not admitted.
(`90 Code, § 2-11)
§ 2-12  BEVERAGES TAKEN THROUGH PASSAGEWAY.
   It is an offense for any person to take any alcoholic beverage through any passageway described herein, for the purpose of selling or reselling the beverage, or for the purpose of delivery thereon in connection with a sale of the beverages.
(`90 Code, § 2-12)
§ 2-13  SELLING REQUIREMENTS.
   (A)   It is an offense for any person to sell or deliver any alcoholic beverages at a retail alcohol beverage store other than:
      (1)   In retail containers;
      (2)   At ordinary room temperatures;
      (3)   In the original package; and/or
      (4)   For consumption off premises.
   (B)   It is an offense for any person to permit any alcoholic beverage to be consumed or any retail container of the beverage to be broken or opened on the premises of any retail package store.
(`90 Code, § 2-13)
§ 2-14  CONSUMPTION ON PREMISES.
   It is an offense for any person to drink or consume in any manner any alcoholic beverage on the premises of a retail alcoholic beverage store, or to open or break the seal of any original package or retail container containing alcoholic beverages on the premises.
(`90 Code, § 2-14)
§ 2-15  RETAIL SALES.
   It is an offense for any person to sell at retail or to deliver in consequence or in completion of any sale any alcoholic beverages at or to any place in the city, except at a retail alcoholic beverage store, is strict conformity with this article and the laws of the state.
(`90 Code, § 2-15)
§ 2-16  FORBIDDEN AREAS.
   It is an offense for any person to own, operate, maintain or be interested in any manner in any establishment mentioned in § 2-2 at a place within the city which is forbidden as a location for the establishment by the laws of the state or by the ordinances of the city.
(`90 Code, § 2-16)
§ 2-17  TRANSPORTATION.
   (A)   It shall be unlawful and an offense for any person to transport any alcoholic beverage, as defined in this article, upon any public highway, street, alley or other public thoroughfare within the corporate limits of the city unless the beverage is contained:
      (1)   In an unopened container, the container being the original container with the original seal being unbroken and the original cap or cork not removed from the original container; or
      (2)   In a locked, latched or closed compartment or in any other closed container which is out of public view and out of reach of the driver or operator of the motor vehicle and out of reach of any occupant of the motor vehicle.
   (B)   (1)   Alcoholic beverage as used in this article shall be defined as any beverage which is controlled by the State Beverage Control Act, 37 O.S. §§ 501 through 599.
      (2)   Non-intoxicating beverage as used in this article shall be defined as any beverage containing more than .5% of alcohol by volume, and not more than 3.2% alcohol by weight.
(`90 Code, § 2-17)  (Ord. 2597, passed - -)
§ 2-18  CREDIT SALES.
   It is an offense for any person to sell at retail or to sell at any retail alcoholic beverage store, any alcoholic beverage on credit.
(`90 Code, § 2-18)
§ 2-19  GIVING PRIZES.
   It is an offense for any person to offer or to furnish any prize, premium, gift or similar inducement to any customer or consumer in connection with the sale or attempted sale of any alcoholic beverage.
(`90 Code, § 2-19)
§ 2-20  RETAIL DELIVERY ON CERTAIN DAYS.
   It is an offense for any person to sell or deliver to any retail alcoholic beverage store any amount of spirits, wines or other kind of alcoholic beverage, on Saturday of any week, on Sunday of any week, on New Year’s Day, on Memorial Day, on the Fourth of July, on Labor Day, on Thanksgiving Day, on Christmas Day or while the polls are open on the day of any general, primary, run-off primary or special election, whether nation, state, county or city.
(`90 Code, § 2-20)
§ 2-21  INTOXICATED PERSONS IN RESTAURANTS; POSSESSION.
   (A)   It is an offense for any person, whether as owner, manager, operator or employee of any café, restaurant, club or any place of recreation within the city to permit any person to be or to become drunk, intoxicated or to be under the influence of intoxicating drink at the place.
   (B)   It shall be unlawful and an offense for any person to have in his or her possession an open container of any alcoholic beverage, as defined in this article, on any street, sidewalk, alley or any public property within the corporate limits of the city.
   (C)   “Alcoholic beverage,” as used in this article, shall be defined as any beverage which is controlled by the State Beverage Control Act, 37 O.S. §§ 501 through 599.
(`90 Code, § 2-21)  (Ord. 2598, passed - -)
§ 2-22  SEPARATE OFFENSES.
   Each day’s violation of this article shall constitute a separate offense, but nothing herein contained shall be construed as determining that not more than any one offense can be committed in any one day by the same person.
(`90 Code, § 2-22)
ARTICLE 2:  NONINTOXICATING BEVERAGES
§ 2-35  DEFINITION.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   LOW-POINT BEER, INTOXICATING BEVERAGES, and NONINTOXICATING BEVERAGES OR MALT BEVERAGE.  All beverages containing more than 3.2% alcohol by weight and all mixed beverage coolers, as defined in 37 O.S. § 506, regardless of percent of alcoholic content, are hereby declared to be INTOXICATING.  All beverages containing more than ½ of 1% alcohol by volume and not more than 3.2% alcohol by weight are hereby declared to be LOW-POINT BEER. Wherever the term NONINTOXICATING BEVERAGE  or  NONINTOXICATING MALT BEVERAGE appears in this chapter, such term shall be construed to mean low-point beer.  The manufacture, distribution, and sale of low-point beer, including but not limited to beer or cereal malt beverages are hereby declared subject to the provisions of 37 O.S. §§ 163.1 et seq.
(`90 Code, § 2-24)
§ 2-36  SALE TO MINORS.
   It shall be unlawful for any person to sell or barter to any person under 21 years of age any nonintoxicating beverage, as herein defined.
(`90 Code, § 2-26)
§ 2-37  PROHIBITED HOURS.
   From and after the effective date of this article, it shall be unlawful for any place licensed to sell beverages containing more than 0.5% of alcohol by volume and not more than 3.2% of alcohol by weight to sell the beverages for consumption on the premises between the hours of 12:00 midnight and 7:00 a.m., excepting Saturday nights when the beverages may not be sold between the hours of 2:00 a.m. and 12:00 noon on Sundays.  The governing body of any city or town is authorized to prohibit, by ordinance regularly enacted, the sale of the beverages between the hours of 12:00 p.m. on Saturday and 7:00 a.m. of the following Monday.
(`90 Code, § 2-27)
§ 2-38  (RESERVED).
§ 2-39 (RESERVED).
§ 2-40  (RESERVED).
§ 2-41  PROHIBITED SALE.
   It shall be unlawful for any person, firm, copartnership, association or corporation to sell or otherwise dispense for consumption on the premises beverages containing more than 0.5% of alcohol by volume and not more than 3.2% of alcohol by weight at any place in the state outside the limits of the city where the entrances to the place are within 1,000 feet of the nearest public entrance to premises outside the limits of the city, wherein public or private dancing is conducted or permitted.
(`90 Code, § 2-31)
§ 2-42  DANCE HALLS; ALCOHOL SALE.
   Subject to the provisions of § 2-43, it shall be unlawful for any person, firm copartnership, association or corporation to open a public or private dance hall:
   (A)   In any location, the entrance or entrances to dance halls shall be within 300 feet, as pedestrians travel, of the nearest entrance to any place in which beverages are sold for consumption on the premises; or
   (B)   Outside the limits in any location, the entrance or entrances to which dance hall shall be within 1,000 feet, as pedestrians travel, of the nearest entrance of any place outside the limits of any incorporated city or town in which beverages, as defined in § 2-35, are sold for consumption on the premises.
(`90 Code, § 2-32)
§ 2-43  EXCEPTION.
   The limitations on the sale of beverages, the issuance of licenses therefor, contained in this article as they relate to dancing in private homes, or to private dances conducted for recreational purposes and not for profit by bona fide lodges, posts, clubs, fraternal, benevolent or charitable organizations; nor shall the provisions of this article prevent the sale or licensing of the sale of the beverages in drug stores, cafes or restaurants selling food for consumption on the premises, in which drug stores, cafés or restaurants dancing is not conducted or permitted.
(`90 Code, § 2-33)
§ 2-44  POSSESSION.
   It shall be unlawful and an offense for any person to have in his or her possession an open container of any nonintoxicating beverage, as defined in this article, on any street, sidewalk, alley or any public property within the corporate limits of the city. 
(`90 Code, § 2-34)  (Ord. 2598, passed - -)
§ 2-45  TRANSPORTATION.
   It shall be unlawful and an offense for any person to transport any nonintoxicating beverage, as defined in this article, upon any public highway, street, alley or other public thoroughfare within the corporate limits of the city unless the beverage is contained:
   (A)   In an unopened container, the container being the original container with the original seal being unbroken and the original cap or cork not removed from the original container; or
   (B)   In a locked, latched or closed compartment or in any other closed container which is out of public view and out of reach of the driver or operator of the motor vehicle and out of reach of any occupant of the motor vehicle.
(`90 Code, § 2-35)  (Ord. 2597, passed - -)
§ 2-46  DAYS AND HOURS OF OPERATION.
   It shall be unlawful and deemed an offense for any retail dealer in nonintoxicating beverages for consumption on or off the premises, to permit or tolerate the consumption of beverages more than 0.5% of alcohol by volume on the premises of the establishment, tavern or bar, except during the time as the tavern or bar or other retail establishment is permittee by ordinances of the city to sell the beverages for consumption on the premises.
(`90 Code, § 2-36)  (Ord. 2524, passed - -)
§ 2-47  PERMISSION AND CONSUMPTION.
   (A)   To permit or tolerate any one person to consume beverages containing more than 0.5% of alcohol by volume on the premises of the establishment, tavern or bar, except during the time as the tavern or bar or other retail establishment is permitted by ordinances of the city to sell the beverages for consumption on the premises, shall constitute a separate offense. 
(`90 Code, § 2-37)  (Ord. 2524, passed - -)
   (B)   (1)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ESTABLISHMENT, TAVERN or BAR.  A designated location approved by the city, where low-point beer is sold for on-site consumption.
      LICENSED PREMISES.  The designated area on private property, approved by the city for operation of a establishment, tavern or bar where nonintoxicating alcoholic beverages are sold for on-site consumption.
      PERSON.  Any individual, firm, partnership, association, limited liability company or corporation, whether conducted for profit or not for profit.
      (2)   The applicant shall certify that the applicant has never been convicted of any alcohol related offenses (misdemeanor or felony) or convicted for violating any state liquor or alcohol laws.  Conviction for an alcohol related offense or violation of state liquor or alcohol laws shall prohibit the applicant from obtaining a license under this chapter.
      (3)   Application for a permit for an establishment, tavern or bar engaged in the sale of nonintoxicating alcoholic beverages for on-site consumption shall be made to the City Clerk, and may be granted upon satisfying the conditions set forth in this section.  The application shall be made upon forms approved by the City Clerk and contain the following information:
         (a)   The name, address and telephone number of the applicant;  (The applicant shall be the actual person who will operate the proposed establishment, tavern or bar.)
         (b)   A site plan showing the proposed area designated for the sale and consumption of nonintoxicating alcoholic beverages for the establishment, tavern or bar;  (The site plan shall include a detailed description and drawing showing the ingress and egress to the designated area, and the location of privacy fencing required by this article.)
         (c)   A certificate of liability insurance coverage, including host liquor liability, with limits for personal injury and property damage not less than the city's limits of liability under the Governmental Tort Claims Act;
         (d)   A statement, signed by the applicant, certifying that if a permit is approved, the applicant agrees to abide by all applicable laws and ordinances of the city and state, and to indemnify and hold the city harmless from any and all liability arising out of the use or condition of the premises or operation of the establishment, tavern or bar; and
         (e)   Other information as the City Clerk deems appropriate.
      (4)   If the licensed premises for the sale and consumption of nonintoxicating alcoholic beverages shall include both an indoor and outdoor location, the outdoor location, if any, shall be contiguous, and immediately adjacent to the indoor location and the sole means of ingress and egress to the outdoor location shall be through the indoor facility.
      (5)   It shall be unlawful for any person to operate or maintain an establishment, tavern or bar where nonintoxicating alcoholic beverages are sold and consumed, except in continuous conformity with the following regulations:
         (a)   The boundaries of any outdoor location to be operated as a part of the licensed premises shall be clearly marked with a non-metallic sight-proof fence or barrier not less than six feet in height and made of sufficient material to prevent litter generated within the establishment, tavern or bar from blowing outside the area.
         (b)   The requirement in division (B)(5)(a) above, for constructing a sight-proof fence or barrier may be waived upon specific findings by the City Manager, or his or her designee, that an adequate barrier exists in the form of the natural topography of the licensed premises and the surrounding property, or in the form of other natural barriers or vegetation.  In finding that a sufficient barrier exists, a specific finding must be made that the alternative to a sight-proof fence or physical barrier will provide adequate separation between the licensed premises and adjoining properties and any residential or commercial population present on adjoining properties to the licensed premises is sufficiently blocked from view by the alternative barrier, so that the business operating upon the licensed premises does not intrude upon or disturb the residential or commercial population on the adjoining property.  In making findings, the City Manager, or his or her designee, shall consider the population density and the nature of the land and building usage on the adjacent properties, requiring that as the population density or land use increases, a more significant and restrictive barrier, whether natural or constructed, shall be required.  In the event the application for a permit is denied because of the absence of an adequate barrier, natural or otherwise, the applicant may appeal the denial of a permit to the City Council by filing a written request for consideration by the Council within ten days after the issuance of a decision denying the application.
(Ord. 3039, passed 12-1-98; Am. Ord. 3051, passed 6-15-99; Am. Ord. 3081, passed 8-7-01)
§ 2-48  LIABILITY; VIOLATIONS.
   Any person having charge of the tavern, bar or retail establishment or operating or assisting in operating the same while the beverages are permitted or tolerated to be consumed on the premises of the tavern, bar or other retail establishment, except during the time the beverages are permitted to be sold by ordinances of the city shall be guilty of an offense and upon conviction thereof be punished as provided herein.
(`90 Code, § 2-38)  (Ord. 2524, passed - - ; Am. Ord. 2823, passed - -)
§ 2-49  PERMITTING OR ALLOWING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES.
   (A)   Definitions.  For purposes of this section, the following definitions shall apply:
      GATHERING. A party or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
      LEGAL GUARDIAN.
         (a)   A person who, by court order, is the guardian of the person of a minor; or
         (b)   A public or private agency with whom a minor has been placed by the court.
      MINOR. Any person less than 21 years of age.
      PARENT. A person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
      PREMISES. Any residence or other private property, place, or premises, including any commercial or business premises.
      RESPONSE COSTS. The costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to:
         (a)   Salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s);
         (b)   The cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering;
         (c)   The cost of repairing any city equipment, in responding to, remaining at, or leaving the scene of a gathering; and
         (d)   Any other allowable costs related to the enforcement of this section.
   (B)   Consumption of alcohol by minor in public place, place open to public, or place not open to public.  Except as permitted by state law, it is unlawful for any minor to consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.
   (C)   Hosting, permitting, or allowing a party, gathering, or event where minors consuming alcoholic beverages prohibited.
      (1)    It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering.  Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
      (2)   It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (C)(1) above.
      (3)   This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
      (4)   Nothing in this section shall be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians.  However, if a minor leaves such a family gathering intoxicated and is found in public then said providers of alcohol will be held responsible in the same manner as a non-family gathering.
      (5)    Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcohol.  However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcohol will be held responsible in the same manner as a nonreligious gathering.
   (D)   Penalty.  Any person who shall violate the provisions of this Section shall be deemed guilty of an offense against the city and upon conviction thereof shall be punished with fine of not more than $500, plus all court costs and statutory penalties.
   (E)   Reservation of legal options.  Violations of this section may be prosecuted by the city criminally, civilly, or through both processes. The city may seek administrative fees and response costs associated with enforcement of this section through all remedies or procedures provided by statute, ordinance, or law. This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the city’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.
(Ord. 3243, passed 12-4-12)
ARTICLE 3:  SPECIAL EVENTS SERVING NON-INTOXICATING
OR INTOXICATING BEVERAGES
§ 2-100  PERMIT REQUIRED.
   No person shall hereafter keep, maintain, conduct or operate any special event in the city which distributes intoxicating or non-intoxicating beverages without first obtaining a permit and paying the fee provided herein.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord. 3205, passed 11-3-09; Am. Ord. 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-16)
§ 2-101  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DESIGNATED AREA.  The premises on public property approved by the city.
   HISTORIC PRESERVATION DISTRICT. The Capitol Townsite Historic District as defined in § 4-212.
   INTOXICATING BEVERAGES. All beverages containing more than 3.2% alcohol by weight, and mixed alcoholic beverages (example includes wine).
   NON-INTOXICATING BEVERAGES. All beverages containing more than .5% alcohol by volume and less than 3.2% alcohol by weight (example includes beer).
   PERSON.  Any individual, firm, partnership, association or corporation, whether conducted for profit or not for profit.
   SPECIAL EVENT PERMIT. An annual permit allowing a person to sell and distribute intoxicating beverages (with a valid ABLE Commission license), or to sell and distribute non-intoxicating beverages (with a valid county license), within designated areas for intoxicating beverages and Historic Preservation District for non-intoxicating beverages or within enclosed structures, for occasional and limited duration.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord. 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-16)
§ 2-102  NON-INTOXICATING AND INTOXICATING BEVERAGE PERMITS – APPLICATION.
   (A)   Application for a special event permit where intoxicating and/or non-intoxicating beverages are sold or distributed shall be made to the Office of the City Manager and may be granted upon satisfying the conditions set forth in this article. The application shall contain the following information:
      (1)   The name, address and telephone number of the applicant; (The applicant shall be the actual person who will operate the special event.)
      (2)   A site plan showing the proposed designated area for the special event; the site plan shall include a statement from the sponsoring organization of the community-wide activity approving the proposed location of the special event.  The sponsoring organization will designate on the site plan the location for multiple vendors, if there will be more than one.
      (3)   The dates when the special event shall be conducted;
      (4)   A copy of the applicant’s current on-premises low-point beer license issued by Logan County if serving non-intoxicating beverages;
      (5)   Each vendor shall present a certificate of liability insurance coverage, including host liquor liability, with limits for personal injury and property damage not less than the city’s limits of liability under the Governmental Tort Claims Act;
      (6)   A statement, signed by the applicant and each vendor, certifying that if a permit is approved, the applicant agrees to abide by all applicable laws and ordinances of the city and to indemnify and hold the city harmless from any and all liability arising out of the use or condition of the premises or operation of the special event; and
      (7)   Other information as the City Manager deems appropriate.
   (B)   No permit shall be issued for a special event unless application for the same is submitted to the Community Development office at least three working days in advance of the community-wide activity.  Applications for special events will be considered in the order received.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord. 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-16)
§ 2-103  SPECIAL EVENTS PERMIT – CONDITIONS FOR APPROVAL.
   (A)   Special event permits shall not exceed the period of the celebration, event or festival for which it is part.
   (B)   Only those persons holding a current valid licenses from Logan County for non-intoxicating beverages and ABLE Commission for intoxicating beverages shall be eligible to sell or distribute non-intoxicating or intoxicating beverages.
   (C)   The designated area for non-intoxicating beverages shall be restricted to those public streets and properties within the Guthrie Historic Townsite District. Nothing in this article shall be construed to require the city to close any property, street or streets during any community-wide activity.  No part of the special event permit shall be located within 150 feet of any property zoned for residential use or school use.
   (D)   The designated area for intoxicating beverages shall be restricted to clearly marked with a nonmetallic fence or barricade not less than three feet in height and made of sufficient material to prevent litter generated within the special event from blowing outside the area. The fence or barrier shall comply with all city ordinances regarding sight clearance at intersections.  Ingress and egress to the designated area shall be from public property. Non-intoxicating beverages shall be limited to a serving capacity of one person for each ten square feet of designated area.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord. 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-16)
§ 2-104  SPECIAL EVENT – FEES.
   (A)   For each special event a fee designated in the Schedule of Fees as compensation for the exclusive use of public property, plus a refundable cleaning deposit will be required. A permit shall be issued only for the designated area shown in the original application.
   (B)   Permits shall not be transferable to other persons or other designated areas. Except for the cleaning deposit required herein, neither refunds nor credits, in full or pro rata, shall be made for operating a special event for less than three days duration for any reason, inclement weather included.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord. 3205, passed 11-3-09; Am. Ord. 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-14)
§ 2-105  CONTINUING COMPLIANCE.
   It shall be unlawful for any person to operate or maintain a special Event selling or distributing intoxicating beverages, except in continuous conformity with the following regulations:
   (A)   Special events permit may be used on the approved dates from 11:00 a.m. to 2:00 a.m. daily.
   (B)   All beverages shall be sold or dispensed in non-glass containers unless otherwise granted permission by the City Manager.
   (C)   Each special event, while in operation, shall be conducted in conformance with all applicable city, county and state laws regulating the dispensing and on premises consumption of low-point beer, and all other applicable laws and ordinances.
   (D)   The permit issued pursuant to this article shall be kept on the premises of the special event during all hours of operation and shall be made available for inspection upon request of law enforcement authorities of the city.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord. 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-16)
§ 2-106  PENALTY.
   (A)   Any person who violates any provision of Article 3 or who allows or attempts to allow a special event permit to be used by another person to operate a special event, or who applies for a permit with the intent to transfer or attempt to transfer the permit, shall be guilty of an offense, and upon conviction thereof, shall be fined up to $200, plus costs. Each day of violation shall constitute a separate offense.
   (B)   Any person convicted of violating any provision of Article 3 or any provision of this chapter shall not be eligible to receive a special event permit for a period of one year following the conviction.
(Ord. 3025, passed 8-19-97; Am. Ord. 3052, passed 8-17-99; Am. Ord 3258, passed 8-5-14; Am. Ord. 3291, passed 7-19-16)
ARTICLE 4:  ADULT RECREATION CENTERS
§ 2-115  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT RECREATION CENTER.  A room or place where persons of either sex 18 years of age or older or, if under 18 years of age, when accompanied by a parent or legal guardian, are permitted to operate coin-operated amusement devices.
   ADULTS.  Persons 18 years of age or older.
   CITY MANAGER.  The City Manager or his or her duly authorized representative.
   COIN-OPERATED AMUSEMENT DEVICE.  Any and all mechanical, electrical or electronic devices, including pool tables, billiard tables and snooker tables, which the payment or insertion of a coin, token or similar object, causes, permits or propels any ball, image, marble or other gadget or object to produce or create, or make possible the production or creation of a game of skill, amusement, entertainment or test of strength, including, but not limited to shuffle boards, coin-operated devices utilizing tables, television screens, boards or cases of any size, balls, sticks, cues, pegs, images or marbles and whether or not any motivating force involved is furnished by the player of the device.
   FAMILY RECREATION CENTER.  A room or place where persons of all ages and either sex are permitted to play or operate coin-operated amusement devices.  The definitions appearing herein shall not apply to the following:
      (1)   Any room or place or establishment which derives less than 25% of its gross receipts from coin-operated amusement devices; or
      (2)   Any room or place operated or maintained in whole or in part by public funds.
   GROSS RECEIPTS.  The total amount of consideration for the sale of tangible personal property and services offered at the establishment, including the total amount of consideration which is paid or inserted into the coin-operated amusement devices, without any deduction therefrom for cost of the property sold, labor services performed, interest paid, lease or equipment rental or any other expense.
   RECREATION CENTER OPERATOR PERMIT.  A current, valid photo identification permit approved and issued hereunder by the Office of the City Clerk.
(Ord. 3038, passed 12-1-98)
§ 2-116  LICENSE AND PERMIT REQUIRED.
   (A)   It shall constitute a nuisance and be unlawful for any person, firm, corporation, association, partnership or joint venture to maintain, operate or manage within the corporate limits of the city a family recreation center or adult recreation center without first obtaining a license therefor as provided hereunder.
   (B)   It shall be unlawful for any person who is not an adult possessing a recreation center operator permit to manage the recreation center or to serve as supervisory personnel.
   (C)   A license or permit issued under the provisions of this article shall not be deemed to be in lieu of, nor as a substitute for a license or permit issued for the operation of a tavern or other establishment, as defined in Article 2 above.
(Ord. 3038, passed 12-1-98)
§ 2-117  APPLICATION FOR LICENSE.
   (A)   Application for a license for a family recreation center or adult recreation center shall be made to the City Manager on the forms made available by the City Manager and shall include:
      (1)   The name of the owner of the real estate, fixtures for which the license is to be issued and the description of the real estate;
      (2)   If the applicant is not the owner of the real estate and fixtures, a copy of the lease or other arrangement under which the applicant holds possession thereof;
      (3)   The full name, age, residence, present and previous employment record of the applicant, or if the applicant is an association, partnership, joint venture or corporation, the information concerning the operators, partners, principal backers, officers, directors and, if a corporation, the stockholders of 25% or more of the outstanding stock;
      (4)   The length of time the applicant or operators, partners, principal backers, officers, directors and stockholders of 25% or more of the outstanding stock have been bona fide residents of the state immediately preceding the filing of the application; and the previous addresses for the last ten years of each of the above;
      (5)   In the case of a corporation, association, partnership or joint venture, the date of formation and the date when the same was authorized to do business in the state, if applicable; and
      (6)   Other information as the City Manager shall find reasonably necessary to enforce the provisions of this chapter and to make a fair determination of the moral qualifications of the applicant, principal backers, managers and supervisory personnel.
   (B)   Every application for a family recreation center or adult recreation center license shall be accompanied by a nonrefundable application fee.
   (C)   Applicants for family recreation center or adult recreation center licenses shall execute an agreement that the premises covered by the application may be inspected by any officer of the Police Department of the city at any time the premises are occupied.  Failure or refusal to permit immediate inspection of the premises of each facility shall constitute grounds for suspension or revocation of a license issued hereunder.
(Ord. 3038, passed 12-1-98)
§ 2-118  APPLICATION FOR PERMIT.
   (A)   Application for a recreation center operator permit shall be made to the City Manager on forms prepared and made available by the City Manager and shall provide the following:
      (1)   The applicant's full name, date of birth, citizenship and personal description;
      (2)   A statement of any arrests or convictions;
      (3)   The applicant's address and employment for last five years;
      (4)   The employer's signature verifying the employment of the applicant;
      (5)   A signed affidavit that applicant has not made any untruthful statements nor omitted any requested information; and
      (6)   Other information as the City Manager deems necessary to enforce the provisions of this chapter and to make a determination of the fitness and moral qualifications of the applicant.
   (B)   Every application for a permit shall be accompanied by a nonrefundable application fee.
(Ord. 3038, passed 12-1-98)
§ 2-119  INVESTIGATION.
   (A)   Upon receipt of an application for license for the operation of a family recreation center or adult recreation center or an application for a recreation center operator permit, the City Manager shall forward the same to the Chief of Police who shall promptly cause an investigation to be made of the applicant and all persons named in the application.
   (B)   No license for a family recreation center or adult recreation center shall be issued until it shall be found by inspection that the facility complies with and conforms to all sections of this and other ordinances and health and fire regulations of the city, that it is properly ventilated and supplied with sufficient toilet conveniences, that it is adequately lighted and is a safe and proper place for the purpose for which it is used.
(Ord. 3038, passed 12-1-98)
§ 2-120  ISSUANCE OF LICENSE OR PERMIT.
   (A)   The City Manager shall authorize the issuance of a family recreation center or adult recreation center license for the operation of the facility hereunder, or recreation center operator permit, when he or she finds after investigation:
      (1)   All persons named on the application are adults and:
         (a)   Have not been convicted of any felony unless the person has received a full pardon; and
         (b)   Have not been convicted of a misdemeanor concerning prostitution, gambling, larceny, embezzlement, drugs, marijuana, assault and battery, domestic abuse, any offense resulting in recordation as a convicted sex offender, contributing to the delinquency of a minor, causing a juvenile to come within the purview of the juvenile court, or any crime concerning this article unless five years have passed since the last conviction.
      (2)   The manner in which the applicant proposes to operate the family recreation center or adult recreation center does not violate any provisions of the statutes and regulations of the state, nor the ordinances of the city; and
      (3)   No person named on the application holds a federal gambling tax stamp.
   (B)   A misstatement of material fact made in any application shall be grounds for denial of issuance of license or permit and revocation of any license or permit issued hereunder.
(Ord. 3038, passed 12-1-98)
§ 2-121  DENIAL OF LICENSE OR PERMIT.
   The City Manager shall act upon the application for the license or permit within 15 days after the filing thereof.  If the City Manager denies the application, he or she shall notify the applicant in writing within five days after the denial, giving the reasons for the denial.
(Ord. 3038, passed 12-1-98)
§ 2-122  APPEAL FROM DENIAL OF LICENSE OR PERMIT.
   (A)   Any person, firm, corporation, association partnership or joint venture, whose application for a license or permit is denied, shall have the right to appeal to the Council.
   (B)   Notice of the appeal stating the grounds therefor shall be filed with the City Manager and the City Clerk within five days after receipt of the notice of denial.  At its next available meeting, the Council shall hold a public hearing upon the appeal at which hearing the applicant, the City Manager, and other interested parties may present evidence.  The Council shall affirm or reverse the denial of the license or permit.
(Ord. 3038, passed 12-1-98)
§ 2-123  FEES.
   (A)   The specific fees for permits and licenses issued hereunder are as set out in the fee schedule at the end of this code of ordinances.
   (B)   Upon the expiration of a license or permit issued hereunder, and upon payment of the annual license or permit fee, the City Manager shall issue a renewal license or permit to those whose licenses or permits have not been revoked and who have complied with the provisions of this article.  No license or permit shall be renewed which is more than 60 days past its expiration date.  Any licensee or permittee whose application for renewal is made more than 60 days following the expiration date of the license or permit must reapply as a new applicant.
   (C)   In the event of loss of permit, a replacement permit shall be issued to the permittee by the City Manager upon payment by the permittee of a fee.  The replacement permit shall be valid for the unexpired period of the original permit.
(Ord. 3038, passed 12-1-98)
§ 2-124  EXPIRATION OF LICENSE AND PERMIT.
   A license or permit issued hereunder shall expire on December 31 of each year.  The full annual renewal fee shall be collected regardless of the issuance date of the original license or permit.  Licenses or permits hereunder shall not be transferable.
(Ord. 3038, passed 12-1-98)
§ 2-125  OPERATION REGULATIONS.
   (A)   In the event a family recreation center is to be located immediately adjacent to a licensed adult recreation center or licensed tavern, the establishments shall be separated by a sight-proof, physical barrier, running from floor to ceiling of both establishments.  There shall be no means of ingress and egress between the family recreation center and the adult recreation center or tavern.  Should fire safety requirements provide for emergency exits, they shall be constructed in a manner to prevent unrestricted access between the establishments.  Failure to construct a barrier shall constitute an offense under this article.
   (B)   It shall be an offense, punishable as hereinafter set forth, and grounds for the revocation or suspension of the license or permit issued hereunder for any family recreation center operator, manager or person having supervisory control thereof or employee to do or permit to be done any of the following:
      (1)   Violate any of the provisions of this chapter;
      (2)   Violate any of the statutes of the state;
      (3)   Operate or be open for operation during hours other than the following, provided, however, that on any day preceding a day when city public schools are not in session, closing hours are extended from midnight to 1:00 a.m.:
         (a)   Monday, Tuesday, Wednesday and Thursday from 8:00 a.m. to 12:00 midnight;
         (b)   Friday from 8:00 a.m. to 12:00 a.m. the following Saturday morning;
         (c)   Saturday from 8:00 a.m. to 12:00 a.m. the following Sunday morning; and
         (d)   Sunday from 12:00 noon to 12:00 midnight.
      (4)   Permit any person who is not an employee to be or remain on the licensed premises or in that portion of the premises wherein the recreation activities take place more than 15 minutes after closing time;
      (5)   Operate without having at least one person possessing a recreation center operator permit present on the licensed premises during hours of operation;
      (6)   Permit on the premises any beer, intoxicating alcoholic beverage or any intoxicated person;
      (7)   Permit on the premises any person under the age of 16 years during a public school day prior to 3:00 p.m., except when accompanied by a parent or legal guardian or as part of a recognized school sponsored activity; or
      (8)   Operate without having the entrance of the family recreation center plainly marked family recreation center.
   (C)   It shall constitute an offense, punishable as hereinafter set forth, and grounds for the revocation or suspension of the license or permit issued herein for any adult recreation center operator, employee, manager or person having supervisory control thereof, to do or permit to be done any of the following:
      (1)   Violate any of the provisions of this chapter or any provisions of any other ordinance under which a license has been issued covering the same premises;
      (2)   Violate any of the statutes of the state;
      (3)   Operate without having at least one person possessing a recreation center operator permit present on the licensed premises during hours of operation;
      (4)   Permit on the premises any person under the age of 18 years unless the person is accompanied by his or her parent or legal guardian; or
      (5)   Operate without having the entrance of the adult recreation center plainly marked “Adult recreation center.  Persons under 18 years of age not admitted unless accompanied by parent or legal guardian.”
(Ord. 3038, passed 12-1-98)
§ 2-126  DISPLAY OF LICENSE OR PERMIT.
   (A)   Every family recreation center or adult recreation center issued a license hereunder shall place and exhibit the license at all times while the license is in force in a conspicuous place upon the licensed premises.
   (B)   Every person issued a recreation center operator permit, while on duty, shall have the permit on his or her person or within the premises, and shall present the permit upon demand by any enforcement officer.
(Ord. 3038, passed 12-1-98)
§ 2-127  UNLAWFUL ACTS.
   (A)   It shall be unlawful for any person to work in a licensed recreation center in the capacity of a manager, operator or person having supervisory control over the premises without possessing a valid permit issue by the City Manager.
   (B)   It shall be unlawful for any person to work in a licensed recreation center in a capacity which requires a permit and fail to display the required permit upon demand by any enforcement officer.
   (C)   It shall be unlawful for any person to use or possess any false or falsified permit issued or purporting on its face to have been issued under the provisions of this article.
   (D)   It shall be unlawful for any person to alter, reproduce or falsify a permit issued or purporting on its face to have been issued under the provisions of this chapter or to give, lend, sell or otherwise provide to any person an altered, reproduced or falsified permit.
   (E)   It shall be unlawful for any permittee to give, lend, sell or otherwise provide the permit to any other person, or for any person not the lawful holder of the permit to use or represent the same to be his or her own.
(Ord. 3038, passed 12-1-98)
§ 2-128  SUSPENSION OR REVOCATION.
   (A)   The City Manager may suspend, for not more than 15 days, or may revoke a license or permit issued hereunder, if, after notice and hearing, as herein provided, the City Manager finds that the holder of the license or permit has made a material misstatement in the application or the renewal thereof, or that any manager, operator or supervisory personnel has violated any of the provisions of this chapter, or has been convicted of any of the offenses set forth in § 2-120.
   (B)   The Chief of Police shall investigate complaints concerning family recreation centers and adult recreation centers, and if he or she finds that a violation of the provisions hereof has been committed, he or she shall file a complaint with the City Manager setting forth the alleged violation.  Upon the filing of a complaint, the City Manager shall fix a date for hearing of the complaint and shall cause to be served upon the licensee or permittee a copy of the complaint and notice of the time and place of the hearing.  The complaint and notice of hearing shall be served upon the copartner, manager, operator or person having supervisory control over the premises of the family recreation center or adult recreation center, or if the person cannot be found, by mailing the same by registered mail addressed to the person at the licensed premises.
   (C)   (1)   The City Manager shall conduct a hearing on the complaint no less than five nor more than 20 days after service of the complaint.  At the hearing, the complainant, the licensee or permittee or any interested person may be present and present the evidence as may be relevant and material.  If at the conclusion of the hearing the City Manager finds the licensee or permittee has made a material misstatement in the application for a license or permit, or has violated any of the provisions of this chapter, the City Manager shall suspend, for not more than 15 days, or revoke the license or permit issued hereunder.
      (2)   Under suspension or revocation, the licensee shall immediately cease operation as a family recreation center or adult recreation center, lock the doors to the licensed premises and bar the public therefrom and the permittee shall immediately surrender his or her permit to the City Manager.
(Ord. 3038, passed 12-1-98)
§ 2-129  SEPARATE LICENSE REQUIRED FOR DUAL OPERATION.
   (A)   A separate license must be obtained for each branch establishment of any family recreation center or adult recreation center, and each license shall authorize the operation of the facility only at the location described in the license.
   (B)   Any licensee wishing to operate both as a family recreation center and as an adult recreation center shall purchase both licenses for that location and shall sign a dual operation affidavit.
(Ord. 3038, passed 12-1-98)
§ 2-170  PENALTY.
   (A)   Any violation of any provision contained in Article 1 is an offense against the city.  Upon conviction of any offense, the violator shall be punished as provided in Chapter 12 this code. 
(`90 Code, § 2-23)  (Ord. 2823, passed - -)
   (B)   (1)   Any person, firm, corporation, association, partnership, joint venture, operator, co-operator, manager, employee or member thereof who shall violate any of the provisions of Article 4 shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $100.  Each day of violation shall constitute a separate offense.
      (2)   Any person convicted of violating any provision of Article 4 shall not be eligible to receive a permit for operating a family recreation facility for a period of one year following the conviction.
(Ord. 3038, passed 12-1-98)
Cross-reference:
   Arraignment; pleading, see § 12-24