City of Maud, Oklahoma

PART 3

ALCOHOLIC BEVERAGES

CHAPTER 1

ALCOHOLIC BEVERAGES AND TAX

SECTION 3-101 DEFINITIONS AND INTERPRETATIONS.

Words, phrases, and terms used in this chapter shall have the meaning prescribed by, and be construed in conformity with, the definitions of the same set forth in the Oklahoma Alcoholic Beverage Control Act, Sections 1-103 of Title 37A of the Oklahoma Statutes, with the same 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.

SECTION 3-102 OCCUPATION TAX LEVIED.

1. An annual occupation tax may be levied on persons engaging in the following businesses or occupations within the city in the amounts respectively indicated:

Beer Retailer	$500.00
Wine Retailer	$1000.00
Spirits Retailer	$305.00
Mixed Beverage Retailer	$1005.00
Caterer	$1005.00
Public Event	$1005.00
Special Event	$55.00
Bottle Club	$1000.00
Manufacturer	$55.00
Wine and Spirits Wholesaler	$3000.00
Beer Distributor	$750.00

Ref: 37A O.S., § 4-104, 2-101, Ordinance 2018-01 8-20-2018

2. The occupation tax for those service organizations which are exempt under Section 501 (c) (19) of the Internal Revenue Code for bottle club license shall be Five Hundred Dollars ($500.00) per year.

SECTION 3-103 PAYMENT REQUIRED; PENALTY.

1. Any state licensee originally entering upon any occupation herein listed shall pay the tax therefor at the office of the city clerk-treasurer on or before the date upon which he enters upon such occupation. The licensee shall provide a copy of his current state license before payment of an occupation tax will be accepted. Thereafter, the licensee shall pay the tax annually on or before the first day of July.
2. The occupation tax subject to this chapter shall be prorated on a monthly basis for the year in which an occupation begins operations.
3. Upon payment of the occupation tax, the city clerk-treasurer shall issue a receipt to the state licensee, which the licensee shall post in a conspicuous place on the premises wherein he carries on his occupation.
4. Any person who engages in any of the occupations taxed by this chapter without paying the occupation tax imposed therefor in advance of such operation, is guilty of an offense against the city and upon conviction thereof shall be punished as provided in Section 1-108 of this code.

SECTION 3-104 ANNUAL REPORT.

The city clerk-treasurer shall make an annual report to the Alcoholic Beverage Laws Enforcement (ABLE) Commission, covering the fiscal year, showing the number of licensees subject to the occupation tax and the amount of money collected from the tax.

SECTION 3-105 APPLICATION FOR CERTIFICATE; INVESTIGATIONS.

1. Every applicant for a certificate of compliance with the zoning, fire, health and safety codes of the city required by Title 37A of the Oklahoma Statutes shall apply at the office of the clerk-treasurer by:
   1. Filing a written application on forms prescribed by that office; and
   2. Paying a verification and certification fee in such amount as set by the council at the time of filing.
2. Upon receipt of an application for a certificate of compliance the mayor shall cause an investigation to be made to determine whether the premises proposed for licensed operations comply with the provisions of the zoning ordinance and any health, fire, building and other safety codes applicable to it.
3. The mayor shall act in all such applications within twenty (20) days of receipt thereof.

SECTION 3-106 ISSUANCE OF CERTIFICATE OF ZONING AND CERTIFICATE OF COMPLIANCE.

1. Upon finding that the premises of an applicant for a certificate is in compliance with all applicable zoning ordinances, a certificate of zoning shall be issued to the ABLE Commission.
2. Upon finding that the premises of an applicant for a certificate is in compliance with all applicable fire, safety, and health codes, a certificate of compliance shall be issued to the ABLE Commission.
3. The above certificates of compliance shall be signed by the mayor or by the city clerk-treasurer.
4. A conditional certificate may be granted if construction, modification or alteration of the premises proposed for licensed operations is not completed. The conditional certificate shall indicate that the proposed premises will comply with city zoning, fire, safety and health codes. A certificate in accordance with Subsections A and B of this section shall be issued within ten (10) days after all final inspections are complete.

SECTION 3-107 RETAIL PACKAGE STORES; LOCATION.

1. No retail package store or any other business licensed by this chapter shall be located or operated at any place except at locations permitted by the city's zoning or planning laws.
2. The location of a mixed beverage establishment, beer and wine establishment or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or package store is specifically prohibited within three hundred (300) feet from any church property primarily and regularly used for worship services and religious activities, or a public school. However, if any such church or school shall be established within three hundred (300) feet of any licensed retail premises after such premises have been licensed this shall not be a bar to the renewal of such license so long as it has been in continuous force and effect. The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club or package store which has been licensed to sell alcoholic beverages.

State Law Reference; 37A O.S. § 2-139, Ordinance 2018-01 8-20-2018

SECTION 3-108 CONDITION OF SALE.

1. No person shall sell or deliver alcoholic beverages out of any retail alcoholic beverage store other than:
1. In retail containers;
2. In the original package; and
3. For consumption off the premises.
2. No person owning, employed in, or in any manner assisting in the maintenance and operation of such a store shall suffer, or permit any alcoholic beverage to be consumed, or any retail container of such beverage to be opened on the premises of such a store.

SECTION 3-109 CONSUMPTION PROHIBITED. WHERE.

No person shall open a retail container or consume alcoholic beverages on the premises of a package store, grocery store, convenience store or drug store, unless otherwise permitted by law;

State Law Reference; Similar provisions, 37A O.S. 6-101.3, Ordinance 2018-01 8-20-2018

SECTION 3-110 PROHIBITED SALES.

1. No person shall knowingly sell, deliver or furnish alcoholic beverages, at any place within the city limits of the city to any person who is under 21 years of age. Neither shall any person misrepresent his or her age verbally or in writing, or present false documentation of age or otherwise for the purpose of inducing any other person to sell him alcoholic beverages.
2. No person shall sell, deliver or knowingly furnish alcoholic beverage or beverages within the city to an intoxicated person or to any person who has been adjudged insane or mentally deficient.

Ordinance 2018-01 8-20-2018

SECTION 3-111 TRANSPORTING BEVERAGES.

It is unlawful to knowingly transport in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a vehicle commonly known as a station wagon and panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.

Ordinance 2018-01 8-20-2018

SECTION 3-112 PROHIBITED 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;

Violation of this provision shall subject the owner or proprietor, as well as the underage person, to prosecution.

Ordinance 2018-01 8-20-2018

SECTION 3-113 DATES, HOURS ON WHICH SALE PROHIBITED.

1. No holder of a Retail Wine License or a Retail Beer License shall sell any beer or wine at any hour other than between the hours of 6:00 a.m. and 2:00 a.m. the following day, Monday through Sunday. Retail wine and retail beer licensees shall be permitted to sell beer and wine on the day of any General, Primary, Runoff Primary or Special Election whether on a national, state, county or city election;

Ref: 37A O.S. § 6-108, Ordinance 2018-01 8-20-2018

2. No retail spirits licensee shall sell any alcoholic beverages at any hour other than between the hours of 8:00 a.m. and midnight Monday through Saturday, and shall not be permitted to be open on Thanksgiving Day or Christmas Day; provided, a county may, pursuant to the provisions of subsections B and C of Section 3-124 of 37A. O.S, elect to allow such sales between the hours of noon and midnight on Sunday. Retail spirits licensees shall be permitted to sell alcoholic beverages on the day of any General, Primary, Runoff Primary or Special Election whether on a national, state, county or city election, provided that the election day does not occur on any day on which such sales are otherwise prohibited by law;

Ref: 37A O.S. 6-103, Ordinance 2018-01 8-20-2018

3. 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 2:00 a.m. and 8:00 a.m

37A O.S 3-125
Ordinance 2018-01 8-20-2018

4. No holder of a mixed beverage license will sell or serve alcoholic beverages in violation of the restrictions of the county in which the establishment is located.

Ordinance 2018-01 8-20-2018

SECTION 3-114 NOT TO PERMIT INTOXICATED PERSON IN CAFE, CLUB.

No person operating a cafe, restaurant, club, or any place of recreation within this city, and no employee engaged in connection with the operation of such a cafe, restaurant, club or place of recreation shall permit any person to be drunk or intoxicated in the place of business.

SECTION 3-115 PENALTY.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided in Section 1-108 of this code.