For the purpose of this chapter the following terms shall have the meanings ascribed to them in this section.
Additional definitions contained within the Oklahoma Alcoholic Beverage Control Act not contained herein are incorporated into this chapter by reference. Words in the plural include the singular, and vice versa, and words imparting the masculine gender include the feminine, as well as persons and licensees as defined in this section.
ABLE COMMISSION OR COMMISSION: The Alcoholic Beverage Laws Enforcement Commission.
ALCOHOL: 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: 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.
APPLICANT: Any individual, legal or commercial business entity, or any individual involved in any legal or commercial business entity allowed to hold any license issued in accordance with the Oklahoma Alcoholic Beverage Control Act.
BEER: 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. "Beer" includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine.
BEER DISTRIBUTOR: Any person licensed to distribute beer for retail sale in the State, but does not include a holder of a small brewer self-distribution license or brewpub self- distribution license. The term "distributor", as used in this chapter, shall be construed to refer to a beer distributor.
BEER KEG: Any manufacturer-sealed, single container that contains not less than four (4) gallons of beer.
BOTTLE CLUB: Any establishment in a county which has not authorized the retail sale of alcoholic beverages by the individual drink, which is required to be licensed to keep, mix and serve alcoholic beverages belonging to club members on club premises.
BREWER: 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: 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.
CONVENIENCE STORE: 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: 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: 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 or her possession or use a still.
DRUGSTORE: A person primarily engaged in retailing prescription and nonprescription drugs and medicines.
GROCERY STORE: 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: 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.
LEGAL NEWSPAPER: A newspaper meeting the requisites of a newspaper for publication of legal notices as prescribed in 25 Oklahoma Statutes sections 101 through 114.
LICENSEE: 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.
MANUFACTURER: A brewer, distiller, winemaker, rectifier or bottler of any alcoholic beverage and its subsidiaries, affiliates and parent companies.
MANUFACTURER'S AGENT: A salaried or commissioned salesperson who is the agent authorized to act on behalf of the manufacturer or nonresident seller in the State.
MEALS: 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: 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 BEVERAGES: One or more servings of a beverage composed in whole or part of an 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, beer and wine, caterer, public event, charitable event or special event license.
MOTION PICTURE THEATER: An establishment which is licensed by 37A Oklahoma Statutes section 2-110 to sell alcoholic beverages by the individual drink and where motion pictures are exhibited, and to which the general public is admitted.
NONRESIDENT SELLER: Any person licensed pursuant to 37A Oklahoma Statutes section 2-135.
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.
ORIGINAL PACKAGE: Any container of alcoholic beverage filled and stamped or sealed by the manufacturer.
PACKAGE STORE: 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 drugstore, or other retail outlet that is not permitted to sell wine or beer for off-premises consumption.
PATRON: Any person, customer or visitor who is not employed by a licensee or who is not a licensee.
PERSON: 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: 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 occurring on the licensed premises.
PRIVATE EVENT: 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: Any event that can be attended by the general public.
REGULATION OR RULE: A formal rule of general application promulgated by the ABLE Commission as herein required.
RESTAURANT: 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: An original package of any capacity approved by the United States Bureau of Alcohol, Tobacco and Firearms.
RETAIL SALESPERSON: A salesperson soliciting orders from and calling upon retail alcoholic beverage stores with regard to his or her product.
RETAILER: A package store, grocery store, convenience store or drugstore licensed to sell alcoholic beverages for off- premises consumption pursuant to a retail spirits license, retail wine license or retail beer license.
SALE: Any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether as principal, proprietor or as an agent, servant or employee. The term "sale" is also declared to be and include the use or consumption in this State of any alcoholic beverage obtained within or imported from without this State, upon which the Excise Tax levied by the Oklahoma Alcoholic Beverage Control Act has not been paid or exempted.
SPECIAL EVENT: An entertainment, recreation or marketing event that occurs at a single location on an irregular basis and at which alcoholic beverages are sold.
SPIRITS: Any beverage other than wine or beer, which contains more than one-half of one percent (1/2 of 1%) 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.
WINE: 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: Any sole proprietorship or partnership licensed to distribute wine and spirits in the State. The term "wholesaler", as used in this chapter, shall be construed to refer to a wine and spirits wholesaler. (Ord. 09102018-02, 9-10-2018, eff. 10-1-2018)