A. Fee Schedule: The fee schedule, hereinafter set forth, shall be levied and collected by the Clerk, or the Clerk's representatives, for the applicable licenses, fees, permits, or Occupational Tax levies, prior to the issuance of any such license, permit or conducting of the business of serving alcoholic beverages.
B. Occupational Tax: Occupational Taxes relating to the sale of alcoholic beverages 1 are set forth as follows:
1. Brewer, per year | $1,000.00 | |
2. Brewer, Oklahoma, per year | 50.00 | |
3. Distiller, per year | 35.00 | |
4. Package store or "retail spirits store" | 905.00 | |
5. Mixed beverages, first year | 1,000.00 | |
Renewals, per year | 900.00 | |
6. On premises beer or wine, first year | 500.00 | |
Renewals, per year | 450.00 | |
7. Mixed beverage/caterer combination | 1,250.00 | |
Renewals, per year | 1,250.00 | |
8. Rectifier, per year | 2,500.00 | |
9. Class I beer license, 37 Oklahoma Statutes section 13-1802(1) (available and effective only through September 30, 2018) | 20.00 | |
10. Class II beer license, 37 Oklahoma Statutes section 13-1802(2) (available and effective only through September 30, 2018) | 10.00 | |
11. Winemaker, per year | 500.00 | |
12. Winemaker, Oklahoma, per year | 50.00 | |
13. Wholesaler, and effective October 1, 2018, "wine and spirits wholesaler", per year | 2,000.00 | |
14. Wholesaler, Class B, and effective October 1, 2018, "beer distributer", per year | 500.00 | |
15. Retail beer (available beginning July 1, 2018 and effective beginning October 1, 2018) | 500.00 | |
16. Retail wine (available beginning July 1, 2018 and effective beginning October 1, 2018) | 1,000.00 | |
C. Occupational Tax Levied: 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.
D. Definitions: The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this subsection, except when the context otherwise requires:
CLASS I BEER LICENSE: A license for the retail sale of a beverage containing more than one-half (1/2) of one percent (1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight, sold for consumption on the premises, or sold not in the original containers for consumption on or off the premises. Class I beer licenses are only available and effective through September 30, 2018.
CLASS II BEER LICENSE: A license for the retail sale of a beverage containing more than one-half (1/2) of one percent (1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight, sold in the original containers for consumption off the premises. Class II beer licenses are only available and effective through September 30, 2018.
MIXED BEVERAGE/CATERER: An Occupational Tax permit for sale of mixed beverages as specifically provided by State law for the holder of a mixed beverage license or a caterer license.
ON PREMISES BEER AND WINE: An Occupational Tax permit for the retail sale of beer containing more than three and two-tenths percent (3.2%) of alcohol by weight and wine which means and includes any beverage containing more than one-half (1/2) of one percent (1%) of alcohol by volume and not more than twenty four percent (24%) alcohol by volume. Effective October 1, 2018, this Occupational Tax permit will apply to the sale of both low point and strong beer, as those terms are defined in 37A Oklahoma Statutes section 1-103.
E. Hours Of Operation:
1. No establishment to which the mixed beverage or on premises beer and wine Occupational Tax is applicable, nor any agent, servant or employee of such establishment, shall sell, dispense, serve or allow to be consumed any mixed beverages, beer or wine on the premises between the hours of two o'clock (2:00) A.M. and ten o'clock (10:00) A.M.
2. Effective through September 30, 2018, no person who holds a Class I beer license, nor any agent, servant or employee of said licensee, shall sell, dispense, serve or allow to be consumed any low-point beer on the premises between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M., Monday through Saturday, and between two o'clock (2:00) A.M. and twelve o'clock (12:00) noon on Sunday.
3. Effective through September 30, 2018, and except as herein provided, no person who owns, manages or operates any business serving mixed beverages, beer or wine or a Class I establishment zoned as a bar, club, or tavern licensed under the authority of this chapter shall permit any person to remain on the premises past the applicable closing time; provided that a maximum of eight (8) persons shall be permitted to remain for two (2) hours past the applicable closing time, so long as they are employed by the business serving mixed beverages, beer or wine or the Class I establishment and are involved in cleaning, closing or otherwise securing the premises.
F. Required Occupational Tax Permit: No person shall operate, manage or work in any retail establishment that sells, for off premises consumption only, any type of alcoholic beverage, as that term is found in 37 Oklahoma Statutes section 506 through September 30, 2018, and as found in 37A Oklahoma Statutes section 1-103 thereafter, without having previously obtained an Occupational Tax permit for that store as provided in this chapter.
G. Deliveries: No wholesale dealer in alcoholic beverages shall sell or deliver to any retail spirits store any alcoholic beverages on Sundays, New Year's Day, Fourth of July, Thanksgiving Day, or Christmas Day.
H. Hours For Selling Alcoholic Beverages:
1. Retail Spirits Stores: Now and through September 30, 2018, no person shall open or operate a retail spirits store except between the hours of ten o'clock (10:00) A.M. and nine o'clock (9:00) P.M. Effective October 1, 2018, retail spirits stores will be permitted to remain open and operational from eight o'clock (8:00) A.M. through twelve o'clock (12:00) midnight. Further, no person shall open or operate a retail spirits store at any time on the following days:
a. Sunday;
b. July 4;
c. September 3, 2018;
d. Thanksgiving Day; or
e. Christmas Day.
2. Retail Beer Or Retail Wine Stores: Effective October 1, 2018, a retail wine or retail beer establishment may offer wine or beer 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.
Whereas it is acknowledged that qualified retail spirits, wine and spirits wholesaler, beer distributer, retail beer, and retail wine State licensees are permitted to perform interim activities that will be permissible under these licenses as fully effective on October 1, 2018, except for the actual sale of wine and beer to the public. These interim activities include, but are not limited to, the purchasing, stocking, and storing of wine and/or beer on the licensed premises. In order to qualify for these interim activities, the State licensee must satisfy all the requirements set forth in article XXVIIIA of the Oklahoma Constitution and State law. (Ord. 2018-2, 5-17-2018)
Notes
| 1 | 1. Definitions in 37 OS § 506 through September 30, 2018, and found in 37A § 1-103 thereafter. |