A. Pursuant to the limited exceptions and rules provided by 37A Oklahoma Statutes 2-139, it shall be unlawful for any mixed beverage club, beer and wine establishment or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or package store, 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 shall be measured from the nearest property line of such school or church to the nearest perimeter wall of the premises of such mixed beverage establishment, beer and wine establishment, bottle club or package store.
B. The provisions of subsection A of this section shall not apply to:
1. Mixed beverage establishments, beer and wine establishments, or bottle clubs, which have been licensed to sell alcoholic beverages for on-premises consumption or retail package stores prior to November 1, 2000; provided, if at the time of application for license or 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; or
2. 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 section 163.27 of title 37 of Oklahoma Statutes. Such establishments 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. (Ord. 2018-13, 9-27-2018, eff. 10-1-2018)