CHAPTER 2
ALCOHOLIC BEVERAGES
Article 1. Oklahoma Alcoholic Beverage Control Act.
Article 2. Alcoholic or Intoxicating Beverages.
Article 3. Non-Intoxicating Beverages.
Article 4. Miscellaneous Provisions.
Article 5. Penalty.
Article 1.
Oklahoma Alcoholic Beverage Control Act
Section 2-1. Oklahoma Alcoholic Beverage Control Act Adopted.
Section 2-2. Definitions and Interpretations.
Sections 2-3 through 2-4. (Reserved for future use.)
Article 2.
Alcoholic or Intoxicating Beverages
Section 2-5. Municipal Occupation Tax; License; Reporting.
Section 2-6. Retail Package Stores: Location: Hours; Offenses.
Sections 2-7 through 2-9. (Reserved for future use.)
Article 3.
Non-Intoxicating Beverages
Section 2-10. Definitions.
Section 2-11. License.
Section 2-12. Retail Dealers in Non-Intoxicating Beverages.
Section 2-13. Hours of Sale.
Sections 2-14 through 2-19. (Reserved for future use.)
Article 4.
Miscellaneous Provisions
Section 2-20. Clubs: Application for Certificates of Compliance.
Section 2-21. Minors.
Sections 2-22 through 2-29. (Reserved for future use.)
Article 5.
Penalty
Section 2-30. Penalty.
CHAPTER 2
ALCOHOLIC BEVERAGES
Article 1. Oklahoma Alcoholic Beverage Control Act
Section 2-1. Oklahoma Alcoholic Beverage Control Act Adopted.
The Oklahoma Alcoholic Beverage Control Act (37 O. S. 2003, Sections 501-566, as amended) is hereby adopted and incorporated by reference in this Code of Ordinances for the Town of Bradley, Oklahoma; applicable provisions of the Act are hereby declared to be in full force, as if included herein in complete detail.
Section 2-2. Definitions and Interpretations.
1. All words, phrases and terms used in this and other Chapters relating to the use of alcoholic beverages, and not defined herein, shall be interpreted and construed in conformity with the definitions of the same as set forth in the Oklahoma Alcoholic Beverage Control Act (37 O. S. 2003, Section 506, as amended).
2. Beverages containing more than three and two-tenths percent (3.2%) alcohol by weight are hereby declared to be "intoxicating beverages".
3. Beverages containing more than one-half (1/2) of one percent (1%) alcohol by volume and not more than three and two-tenths (3.2%) alcohol by weight, are hereby declared to be "non-intoxicating beverages".
Sections 2-3 through 2-4. (Reserved for future use.)
Article 2. Alcoholic or Intoxicating Beverages
Section 2-5. Municipal Occupation Tax; License; Reporting.
1. An Annual Municipal Occupation Tax, as shown below, is hereby levied on persons engaging in the following businesses within the Town of Bradley, Oklahoma:
| a. | Retail Package | $300.00 |
| b. | Brewer | $1,250.00 |
| c. | Distiller | $3,125.00 |
| d. | Winemaker | $625.00 |
| e. | Oklahoma Winemaker | $75.00 |
| f. | Rectifier | $3,125.00 |
| g. | Wholesaler | $3,500.00 |
| h. | Class B Wholesaler | $625.00 |
| i. | Mixed Beverage Club | $900.00 |
| j. | Service Organizations Exempt Under Section 501(c)(19) of the IRS Code, for Mixed Beverage Club | $500.00 |
| k. | Caterer | $900.00 |
| l. | Special Event | $50.00 (per day) |
2. If a Brewer or a Class B Wholesaler also holds a License from the State to manufacture or wholesale any non-intoxicating malt beverage, the Municipal Occupation Tax for such Brewer or Class B Wholesaler shall be reduced by seventy-five percent (75%).
3. It shall be unlawful for any person to engage in any of the businesses listed above without having paid the Municipal Occupation Tax levied by this Article and obtaining a valid License from the Town Clerk. If the applicant holds a valid State License to engage in said business within the Town of Bradley, Oklahoma, is operating in compliance with Municipal Ordinances and has paid the required Municipal Occupation Tax, the Town Clerk shall issue the License applied for.
4. All Licenses issued pursuant to this Article shall expire on June 30th of the year for which issued.
The cost of any type License shall be a pro rata part of the cost of said yearly License, computed on a monthly basis. Licenses issued on or before the 15th day of any month shall be charged for on the basis of the 1st day of said month; Licenses issued after the 15th day of any month shall be charged for on the basis of the 1st day of the next month.
5. The Town Clerk shall transmit a report to the State ABLE Commission on June 30th of each year, showing the amount of money collected and the number of Municipal Occupation Tax Licenses issued under this Chapter.
Section 2-6. Retail Package Stores: Location: Hours; Offenses.
1. Location. The location of a retail package store is specifically prohibited within three hundred (300) feet of a public school, or any church property primarily and regularly used for worship services and religious activities; provided, that, 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 church or school do the nearest public entrance door of the premises of such package store, along the street right -of-way line providing the nearest direct route usually traveled by pedestrians between such points. For the purpose of determining measured distance, property situated on the opposite side of the street with such church or school. A License shall not be issued for any location on the same block where a school or church is located.
2. Separate Premises. It shall be unlawful for any person to operate or maintain, or to assist in the operation or maintenance of, any retail package store when the premises are not separated from the premises on which any other goods, wares or merchandise are sold or services are rendered, by non-transparent walls (which may be broken by a passageway to which the public is not admitted). It shall be unlawful for any person to take any alcoholic beverage from such store through said passageway to which the public is not admitted, for the purpose of selling, re-selling or delivering in connection with the sale of, said alcoholic beverage.
3. Hours of Operation. It shall be unlawful for any person holding a License for a retail package store, or any employee or agent thereof, to keep the premises of the retail package store open for the purpose of selling, or to sell, any alcoholic beverages at any hour other than between the hours of 10:00 o'clock a.m. and 9:00 o'clock p.m., Monday through Saturday; or to keep such premises open for such purposes on the day of any General, Primary, Runoff Primary or Special Election; or on New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day.
4. Conditions of Sale. Retail package stores may sell alcoholic beverages (a) only in retail containers in the original package for consumption off the premises and (b) only at ordinary room temperature.
5. Offenses. It shall be unlawful for any person holding a License for a retail package store, or any employee or agent thereof, to:
a. Knowingly sell, deliver or furnish any alcoholic beverages to any person under twenty-one (21) years of age, an intoxicated person or any person who has been legally adjudged insane or mentally deficient;
b. Employ any person under twenty-one (21) years of age in the selling or handling of alcoholic beverages;
c. Permit any person under twenty-one (21) years of age to enter into, remain within or loiter about a licensed premises; or
d. Permit any person to open a retail container or consume alcoholic beverages on the premises of a retail package store.
Sections 2-7 through 2-9. (Reserved for future use.)
Article 3. Non-Intoxicating Beverages
Section 2-10. Definitions.
"Retail Dealer." The Term "retail dealer", as used in this Article, means any person, firm, corporation, association or concessionaire who sells, distributes or dispenses, at retail, any non-intoxicating beverage within the corporate limits of the Town of Bradley, Oklahoma, without regard as to any place where such beverages may be consumed or used.
Section 2-11. License.
1. There is hereby levied upon each retail dealer of non-intoxicating beverages for consumption on and off the premises, an annual Municipal License fee of twenty dollars ($20.00); an annual Municipal License fee often dollars ($10.00) is hereby levied for sale of non-intoxicating beverages or consumption either on or off the premises only.
2. It shall be unlawful for any retail dealer, whether permanent or temporary, to sell, distribute or dispense any non-intoxicating beverages without having first received a municipal License, as herein required.
3. No Municipal License shall be issued to any retail dealer by the Town Clerk, until the applicant has obtained all required State and County permits, and has, in all other respects, complied with the Oklahoma Alcoholic Beverage Control Act. All such Licenses shall expire on June 30th of the year following re-issuance. License fees shall be paid to the Town Clerk and no License shall be transferable.
4. The Town Board of Trustees shall have the power, after public hearing, to revoke any License granted hereunder, for violation of Law or Ordinance by the License holder.
Section 2-12. Retail Dealers in Non-Intoxicating Beverages.
It shall be unlawful for any person, firm or corporation operating or maintaining a place of business where non-intoxicating beverages are sold for consumption on the premises, or for any person in charge thereof, to:
1. Sell, offer for sale, give away, procure for, or otherwise dispense to , any person under twenty-one (21) years of age, any non-intoxicating beverage;
2. Permit any person under twenty-one (21) years of age, to loiter or remain in or around such place of business, except where such business is an eating place where the service of such beverages is incidental to the main business of serving food;
3. Employ any person under twenty-one (21) years of age to work in such a place, except where said place is an eating place where the service of such beverages is incidental to the main business of serving food;
4. Sell, deliver or knowingly furnish non-intoxicating beverages to an intoxicated person or to any person who has been legally adjudged insane or mentally deficient;
5. Permit therein gambling, betting or operation of a lottery;
6. Permit the sale, furnishing or drinking of intoxicating liquor;
7. Permit disorderly conduct, loud or disturbing language or any other violation of State Law or the Code of Ordinances of the Town of Bradley, Oklahoma; or
8. Permit an intoxicated person to remain in or around a place of business where non-intoxicating beverages are dispensed.
Section 2-13. Hours of Sale.
1. It shall be unlawful and an offense for non-intoxicating beverages (as herein defined) to be sold, given away or otherwise dispensed for consumption on the premises, between the hours of 2:00 o'clock a.m. Sunday and 7:00 o'clock a.m. on the following Monday.
2. It shall be unlawful and an offense for non-intoxicating beverages (as here in defined) to be sold, given away or otherwise dispensed for consumption on the premises between the hours of 2:00 o'clock a.m. and 7:00 o'clock a.m. on any other day.
3. It shall be unlawful for any person, other than the legal owner or primarily responsible person, salaried employee(s) to remain on the premises of a place of business where non-intoxicating beverages are dispensed for consumption on the premises, between the hours of 2:00 o'clock a.m. and 7:00 o'clock a.m. on any day or when the premises are legally closed.
Sections 2-14 through 2-19. (Reserved for future use.)
Article 4. Miscellaneous Provisions
Section 2-20. Clubs: Application for Certificates of Compliance.
1. Every applicant for Certificates of Compliance with the Zoning, fire, Health and Safety Codes of the Town of Bradley, Oklahoma, required by Title 37 of Oklahoma Statutes, shall apply at the Office of the Town Clerk by:
a. Filing a written application on forms prescribed by that Office; and
b. Paying a verification and certification fee in the amount of fifty dollars ($50.00) at the time of filing.
2. Upon receipt of completed applications for Certificates of Compliance, the Town Clerk shall cause an investigation to be made to determine whether the premises proposed for Club operations comply with the provisions of the Zoning Ordinance, other applicable development regulations and any Health, Fire, Building and other Safety Codes applicable to it.
3. The above Certificates of Zoning and Code Compliance shall be signed by the Town Clerk or a designated representative of the Town Clerk.
Section 2-21. Minors.
It shall be an offense for any person to sell, barter, trade, give or otherwise transfer possession of any non-intoxicating or alcoholic beverage to any person under the legal age permitted to possess or consume such beverages.
Sections 2-22 through 2-29. (Reserved for future use.)
Article 5. Penalty
Section 2-30. Penalty.
Any person, firm or corporation violating any provision of this Chapter shall be guilty of an offense and, upon conviction thereof, shall be fined in any amount not to exceed the limits established in Section 8-40, Article 3, Chapter 8 of this Code of Ordinances. Each day upon which a violation continues shall constitute a separate offense.
Adopted September 20, 2005