For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Word, phrases and terms used in this chapter shall have the meanings prescribed by, and be construed to conformity with, the definitions of § 506 of Title 37 of the State Alcoholic Beverage Control Act of 1959, force and effect as if the definitions were set forth in full in this chapter, unless the context clearly indicates a different meaning or construction.
ABLE COMMISSION. The Alcoholic Beverage Laws Enforcement Commission.
ALCOHOLIC BEVERAGE. Alcohol, spirits, beer and wine and includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer capable of being consumed as a beverage by human beings, but does not include low point beer.
APPLICANT. Any individual, legal or commercial business entity, or any individual involved in any legal or commercial business entity allowed to hold any license in accordance with the State Alcoholic Beverage Control Act.
BEER. Any beverage containing more than 3.2% of alcohol by weight 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, and includes ale, stout, lager beer, porter and other malt or brewed liquors but does not include sake, known as Japanese rice wine.
BREWER. Any person who produces beer in the state.
BREWERY. A licensed establishment operated on the premises of, or on premises located contiguous ta a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption.
CLASS B WHOLESALER. Any person doing any such acts or carrying on any such business that would require such person to obtain a Class B wholesaler license.
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, makes or keeps mash, wort or wash, has also in his or her possession or use a still.
LICENSEE. Any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant or employee of such licenses 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
MIXED BEVERAGE. 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 licenses.
MIXED BEVERAGE COOLER. Any beverage, by whatever name designated, consisting of an alcoholic beverage and fruit or vegetable juice, fruit or fruit flavorings, dairy products or carbonated water containing more than 0.5% of alcohol measured by volume but not more than 7% alcohol by volume at 60°F, and which is packaged in a container but not larger than 375 milliliters. Such terms shall include, but not be limited to, the beverage popularly known as a WINE COOLER.
OCCUPATION. Used in connection with OCCUPATION TAX, means the sites occupied as the places of business of the manufacturers, wholesalers, Class B wholesalers, retailers, mixed beverage licensees, 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.
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 licenses; provided, that the ABLE Commission shall have the authority to designate areas to be excluded from the licensed premises solely for the purpose of:
(1) Allowing the presence and consumption of alcoholic beverages, by private parties which are closed to the general public; or
(2) 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 State Alcoholic Beverage Control Act occurring on the licensed premises.
PRIVATE EVENT. A social gathering or event attended by invited guest 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 than can be attended by the general public.
RECTIFIER. 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 completer) and any person who, without rectifying, purifying or refining spirits, shall be mixing ( except for immediate consumption on the premises where mixed) such spirits, wine or other liquor with any material, manufacturers any spurious, imitation or compound liquors for sale, under the name of whisky, brandy, rum, gin, wine, spirits, cordials or any other name.
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 BEER AND/OR WINE. Establishments that sell beer and/or wine for consumption off the premises. Beer and/or win may be sold refrigerated or non-refrigerated.
RETAIL CONTAINER FOR SPIRITS AND WINES. An original package of any capacity approved by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
RETAIL SALESPERSON. A salesperson soliciting orders from and calling upon retail alcoholic beverage stores with regard to his or her product.
RETAILER. The holder of a package store licenses. Products are sold for consumption off the premises.
SALE. Any transfer, exchanger 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.
SPIRITS. Beverage other than win, beer or light beer, which contains more than 0.5% 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.
WHOLESALER. Includes any person doing such acts or carrying on any such business or businesses that would require such person to obtain a wholesaler’s license or licenses.
WINE. Includes any beverage containing more than 0.5% alcohol by volume and not more than 24% alcohol by volume at 60°F obtained by the fermentation of the natural contents of fruits, vegetable, honey, milk or other products containing sugar, whether or not other ingredients are added, and include vermouth and sake, known as Japanese rice wine.
W1NEMAKER. Any person who produces wine.
WINEMAKER, OKLAHOMA. A business premises in the state licensed pursuant to the State Alcoholic Beverage Control Act wherein wine is produced by the licensee who must be a resident of the state. The wine product fermented in said licensed premises shall be of grapes, berries and other fruits and vegetables imported into this state and processed herein or shall be of grapes, berries and other fruits and vegetables grown in the state.
(Ord. 3-12-01072019, passed 1-7-2019)