All of the terms and phrases used in this chapter shall be given the same use and meaning as defined by the Oklahoma Alcoholic Beverage Act, Oklahoma Statutes or regulations promulgated by the ABLE Commission with the same force and effect as if set forth in full herein and such definitions are hereby made a part hereof by reference.
ABLE COMMISSION: Means the Alcoholic Beverage Laws Enforcement Commission.
ALCOHOL: Means and includes hydrated oxide of ethyl, ethyl alcohol, ethanol or spirits of wine, from whatever source or by whatever process produced. It does not include wood alcohol or alcohol which has been denatured or produced as denatured in accordance with Acts of Congress and regulations promulgated thereunder.
ALCOHOLIC BEVERAGE: Means alcohol, spirits, beer, and wine as those terms are defined herein and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings.
BEER: Means any beverage of alcohol by volume and obtained by the alcoholic fermentation of an infusion or decoction of barley or other grain, malt or similar products. Beer may or may not contain hops or other vegetable products. The term "beer" includes, among other things, beer, ale, stout, lager beer, porter, and other malt or other brewed liquors, but does not include sake, known as Japanese rice wine.
BEER KEG: Means any manufacturer-sealed, single container that contains not less than four (4) gallons of beer.
BREWER: Includes any person who manufactures for human consumption by the use of raw materials or other ingredients any beer upon which a license fee and a tax are imposed by any law of this State.
BREWPUB: Means a licensed establishment operated on the premises of, or on premises located contiguous to, a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption.
CATERER: Means any person authorized to sell mixed beverages for on-premises consumption incidental to the sale or distribution of food and who is required to have a caterer's license from the State Alcoholic Beverage Laws Enforcement Commission.
CIDER: Means any alcoholic beverage obtained by the alcoholic fermentation of fruit juice, including but not limited to flavored, sparkling or carbonated cider. For the purposes of the distribution of this product, cider may be distributed by either wine and spirits wholesalers or beer distributors.
CONVENIENCE STORE: Means any person primarily engaged in retailing a limited range of general household items and groceries, with extended hours of operation, whether or not engaged in retail sales of automotive fuels in combination with such sales.
CONVICTED AND CONVICTION: Mean and include a finding of guilt resulting from a plea of guilty or nolo contendere, the decision of a court or Magistrate or the verdict of a jury, irrespective of the pronouncement of judgment or the suspension thereof.
DISTILLER: Means any person who produces spirits from any source or substance, or any person who brews or makes mash, wort, or wash, fit for distillation or for the production of spirits (except a person making or using such material in the authorized production of wine or beer, or the production of vinegar by fermentation), or any person who by any process separates alcoholic spirits from any fermented substance, or any person who, making or keeping mash, wort, or wash, has also in his possession or use a still.
GROCERY STORE: Means a person primarily engaged in retailing a general line of food, such as canned or frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry.
HOTEL OR MOTEL: Means an establishment which is licensed to sell alcoholic beverages by the individual drink and which contains guestroom accommodations with respect to which the predominant relationship existing between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest. For purposes of this section, the existence of other legal relationships as between some occupants and the owner or operator thereof shall be immaterial.
MANUFACTURER: Means brewer, distiller, winemaker, rectifier, or bottler of any alcoholic beverage and includes its subsidiaries, affiliates and parent companies.
MEALS: Means foods commonly ordered at lunch or dinner and at least part of which is cooked on the licensed premises and requires the use of dining implements for consumption. Provided, that the service of only food such as appetizers, sandwiches, salads or desserts shall not be considered "meals".
MINI-BAR: Means a closed container, either refrigerated in whole or in part, or nonrefrigerated, and access to the interior of which is:
A. Restricted by means of a locking device which requires the use of a key, magnetic card or similar device, or
B. Controlled at all times by the licensee.
MIXED BEVERAGE COOLER: Means any beverage, by whatever name designated, consisting of an alcoholic beverage and fruit or vegetable juice, fruit or vegetable flavorings, dairy products or carbonated water containing more than one-half of one percent (1/2 of 1%) of alcohol measured by volume but not more than seven percent (7%) alcohol by volume at sixty degrees Fahrenheit (60°F) and which is packaged in a container not larger than three hundred seventy five milliliters (375 mL). Such term shall include, but not be limited to, the beverage popularly known as a "wine cooler".
MIXED BEVERAGES: Means one or more servings of a beverage composed in whole or part of an intoxicating alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage, caterer, beer and wine, public event, charitable event or special event license.
MOTION PICTURE THEATER: Means a place where motion pictures are exhibited and to which the general public is admitted, but does not include a place where meals, as defined by this section, are served, if only persons over twenty one (21) years of age are admitted.
OCCUPATION (As Used In Connection With Occupation Tax): Means the sites occupied as the places of business of the manufacturers, wholesalers, beer distributors, retailers, mixed beverage licensees, on-premises beer and wine licensees, bottle clubs, caterers, public event and special event licensees.
OFFICER: Means any officer, director, stockholder, owner, manager, or any person who has a financial interest in a State licensee or who directs any policy of a State licensee.
ORIGINAL PACKAGE: Means any container of alcoholic beverage filled and stamped or sealed by the manufacturer.
OWNER: Means any officer, owner, manager or other person who shall receive any percentage of profits directly from the operation of a tavern or directs any policy of a tavern.
PACKAGE STORE: Means any sole proprietor or partnership that qualifies to sell wine, beer and/or spirits for off-premises consumption and that is not a grocery store, convenience store or drug store, or other retail outlet that is not permitted to sell wine or beer for off-premises consumption.
PATRON: Means any person, customer or visitor who is not employed by a licensee or who is not a licensee.
PERSON: Means an individual, any type of partnership, corporation, association, limited liability company or any individual involved in the legal structure of any such business entity.
PREMISES: Means the grounds and all buildings and appurtenances pertaining to the grounds including any adjacent premises if under the direct or indirect control of the licensee and the rooms and equipment under the control of the licensee and used in connection with or in furtherance of the business covered by a license. Provided that the ABLE Commission shall have the authority to designate areas to be excluded from the licensed premises solely for the purpose of:
A. Allowing the presence and consumption of alcoholic beverages by private parties which are closed to the general public, or
B. Allowing the services of a caterer serving alcoholic beverages provided by a private party.
This exception shall in no way limit the licensee's concurrent responsibility for any violations of the Oklahoma Alcoholic Beverage Control Act or this title occurring on the licensed premises.
PRIVATE EVENT: Means a social gathering or event attended by invited guests who share a common cause, membership, business or task and have a prior established relationship. For purposes of this definition, advertisement for general public attendance or sales of tickets to the general public shall not constitute a private event.
PUBLIC EVENT: Means any event that can be attended by the general public.
RECTIFIER: Means any person who rectifies, purifies, or refines spirits or wines by any process (other than by original and continuous distillation, or original and continuous processing, from mash, wort, wash, or other substance, through continuous closed vessels and pipes, until the production thereof is complete), and any person who, without rectifying, purifying, or refining spirits, shall by mixing (except for immediate consumption on the premises where mixed) such spirits, wine, or other liquor with any material, manufacture any spurious, imitation, or compound liquors for sale, under the name of whiskey, brandy, rum, gin, wine, spirits, cordials, or any other name.
REGULATION OR RULE: Means a formal rule of general application promulgated by the ABLE Commission as herein required.
RESTAURANT: Means an establishment that is licensed to sell alcoholic beverages by the individual drink for on-premises consumption and where food is prepared and sold for immediate consumption on the premises.
RETAIL CONTAINER FOR SPIRITS AND WINES: Means the original package for spirits and wines of any capacity approved by the United States Bureau of Alcohol, Tobacco and Firearms.
RETAILER: Means a package store, grocery store, convenience store or drug store licensed to sell alcoholic beverages for off-premises consumption pursuant to a retail spirits license, retail wine license or retail beer license.
SALE: Means any transfer, exchange or barter in any manner, or by any means whatsoever, and includes all sales made by any person, whether as principal, proprietor, agent, servant or employee.
SHORT ORDER FOOD: Means food other than full meals including but not limited to sandwiches, soups and salads. Provided that popcorn, chips and other similar snack food shall not be considered "short order food".
SMALL BREWER: Means a brewer who manufactures less than twenty five thousand (25,000) barrels of beer annually pursuant to a validly issued small brewer license hereunder.
SMALL FARM WINE: Means a wine that is produced by a small farm winery with seventy five percent (75%) or more Oklahoma-grown grapes, berries, other fruits, honey or vegetables.
SMALL FARM WINERY: Means a wine-making establishment that does not annually produce for sale more than fifteen thousand (15,000) gallons of wine as reported on the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Report of Wine Premises Operations (TTB Form 5120.17).
SPARKLING WINE: Means champagne or any artificially carbonated wine.
SPECIAL EVENT: Means an entertainment, recreation or marketing event that occurs at a single location on an irregular basis and at which alcoholic beverages are sold.
SPIRITS: Means any beverage other than wine, beer or light beer, which contains more than one-half of one percent alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution, and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds; but shall not include any alcohol liquid completely denatured in accordance with the Acts of Congress and regulations pursuant thereto.
STATE LICENSEE: Means any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant, or employee of such licensee while in the performance of any act or duty in connection with the licensed business or on the licensed premises.
WINE: Means and includes any beverage containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than twenty four percent (24%) alcohol by volume at sixty degrees Fahrenheit (60°F) obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine.
WINE AND SPIRITS WHOLESALER OR WINE AND SPIRITS DISTRIBUTOR: Means and includes any sole proprietorship or partnership licensed to distribute wine and spirits in the State. The term "wholesaler", as used in this Act, shall be construed to refer to a wine and spirits wholesaler.
WINEMAKER: Means any person who produces wine. (Ord. 469, 9-11-2018)