A. 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.
B. 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 section, 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 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.
C. 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 eight o'clock (8:00) A.M.
2. Effective through September 30, 2018, no person who holds "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.
D. Employment: No person shall employ any person under eighteen (18) years of age in the selling of beer or wine or employ any person under twenty one (21) years of age in the selling of spirits. Provided:
1. A mixed beverage, beer and wine, caterer, public event, special event, bottle club, retail wine or retail beer licensee may employ servers or sales clerks who are at least eighteen (18) years of age, except persons under twenty one (21) years of age may not serve in designated bar or lounge areas, and
2. A mixed beverage, beer and wine, caterer, public event, special event or bottle club licensee may employ or hire musical bands who have musicians who are under eighteen (18) years of age if each such musician is either accompanied by a parent or legal guardian or has on their person, to be made available for inspection upon demand by any employee of the ABLE Commission or law enforcement officer, a written, notarized affidavit from the parent or legal guardian giving the underage musician permission to perform in designated bar or lounge areas.
E. Mixed Beverage Or Beer And Wine Certificate Of Compliance:
1. A mixed beverage or beer and wine certificate of compliance, on forms furnished by the City, shall be completed by every applicant for an original license pursuant to the Oklahoma Alcoholic Beverage Control Act.
2. This certificate shall be reviewed and approved by the following City departments:
a. The applicant's proposed location and use thereof must comply with all City zoning ordinances, verified by the Code Enforcement Officer, or his designee.
b. The applicant's proposed site and structure must comply with all Building Codes as required by this Code, verified by the Code Enforcement Officer, or his designee.
c. The applicant's proposed site, structure, and location must comply with all Fire Code requirements required by this Code, verified by the Code Enforcement Officer or his designee.
d. The applicant's proposed location and use thereof must comply with all provisions regarding food service requirements as required by this Code, verified by the Code Enforcement Officer or his designee. (Ord. 2018-4, 7-23-2018)