A. License Required:
1. License Application: It shall be unlawful for any business, vendor or person within the City of Skiatook to produce, serve, sell or offer for sale alcoholic beverages (as that term is defined in statute 1 , whether for consumption on or off the premises) without payment of the Occupation Tax as set forth in section 4-1-2 of this chapter and issuance of the license by the City Clerk (as used herein, the term "vendor" shall encompass and include any business, person or entity producing, serving or desiring to serve, selling or offering for sale alcoholic beverages, whether for consumption on or off of the premises upon which the sale is made). Every vendor desiring to engage in business as a retail vendor serving or selling alcoholic beverages, or to continue operating as a vendor serving or selling alcoholic beverages, or to produce alcoholic beverages within the City of Skiatook shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved and the Occupation Tax paid.
2. Suspension Or Revocation Of License: The license granted by the City of Skiatook shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contendere plea by any person charged with selling or serving an alcoholic beverage to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Skiatook if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving an alcoholic beverage to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served an alcoholic beverage to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set forth in subsection H of this section.
3. Acknowledgment Of Compliance Checks: A vendor shall specifically acknowledge awareness on the license application submitted to the City of Skiatook that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Skiatook under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense of selling or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee or agent after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in subsection H of this section.
B. License Application: Application for a license to sell or serve alcoholic beverages by a vendor located within the City of Skiatook shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits/licenses required by State law from the District Court, the ABLE Commission and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendor's license issued by the City of Skiatook.
C. License Issuance: A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements:
1. Furnishing a copy of a current State license issued by the ABLE Commission for the alcohol-related occupation that the applicant desires to engage in, a current Oklahoma State Sales Tax permit, and any other applicable requirements under State law.
2. Satisfactorily submitted the application required under this section to the City Clerk.
3. Paid the required Occupation Tax to the City of Skiatook.
All licenses shall be issued for one calendar year from October 1st to September 30th of the following year. The fee for any license issued after the effective date of this section, and for a period of less than one calendar year, shall be prorated accordingly. Payment of annual license fees must be made within ten (10) days from the date the license expires. Any vendor failing to pay the annual fee within ten (10) days from the date the license expires, or prior to the date the vendor begins selling or serving alcoholic beverages if a new application, shall be subject to the penalties set forth in subsection H of this section.
D. Sale, Barter Or Gift: It shall be unlawful for any person, vendor or business licensed under this section to sell, serve, barter or give to any person under the age of twenty one (21) any alcoholic beverage. Conviction, or acceptance of a plea bargain, by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcoholic beverages to suspension or revocation by the City as provided in subsection H of this section.
E. Misrepresentation Of Age: It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcoholic beverages.
F. Transfers: Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one business engaged in the business of selling or serving alcoholic beverages within the City of Skiatook.
G. Hours Of Operation:
1. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a mixed beverage, caterer, public event, charitable event, special event, on-premises beer and wine, small brewer or brewpub licensee between the hours of two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. each day.
2. Beer and wine sold at retail for consumption off-premises shall be sold only between the hours of six o'clock (6:00) A.M. and two o'clock (2:00) A.M. the following day, Monday through Sunday.
3. Retail package store licensees may sell alcoholic beverages between the hours of eight o'clock (8:00) A.M. and twelve o'clock (12:00) midnight, Monday through Saturday and shall not be permitted to be open on Thanksgiving Day or Christmas Day, unless otherwise provided by State law.
H. Penalties:
1. Failure To Obtain Or Maintain A License As Required By This Section: Any existing vendor who fails to pay the Occupation Tax and obtain a City license within thirty (30) days from October 1, 2018, shall be prohibited from producing, selling or serving alcoholic beverages until such time as a license is obtained by the vendor. All new businesses intending to produce, sell or serve alcoholic beverages for consumption either on or off the vendor's premises after October 1, 2018 shall be required to obtain a license under this section prior to the date the vendor begins producing, selling or serving alcoholic beverages. A vendor who continues to produce, sell or serve alcoholic beverages without obtaining an initial or renewal license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor/State licensee (and/or the principals thereof) who continues to produce, sell or serve alcoholic beverages after the three (3) day period without obtaining the required license shall be subject to a fine of two hundred dollars ($200.00) per day for each day that alcoholic beverages are produced, served or sold by the vendor without a City license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to pay the Occupation Tax due and to obtain a City license as required by this Code.
2. ABLE Commission License Suspension Or Revocation Proceedings: The City of Skiatook may also initiate license suspension or revocation proceedings with regard to the ABLE Commission license of any vendor not in compliance with the provisions of the Oklahoma Alcoholic Beverage Control Act or this chapter as authorized by 37A Oklahoma Statutes section 4-102, as may be amended from time to time. (Ord. 2018-04, 8-28-2018, eff. 10-1-2018)
Notes
| 1 | 1. 37A OS § 1-103. |