City of Weatherford, OK Article 2 Alcoholic or Intoxicating Beverages

§ 2-5 OCCUPATION TAX.

[Amended 2-29-2012, Ordinance 2012-01; amended 7-27-2017 by Ordinance 2017-10]

1. There is hereby levied and assessed an annual occupation tax on every business or occupation relating to alcoholic beverages an occupation tax equal to the amount levied by the State of Oklahoma.

2. The license fee for a mixed beverage or bottle club license for those service organizations or fraternal beneficiary societies which are exempt under Section 501(c)(19), (8) and (10) of the Internal Revenue Code shall be $500 per year.

3. The fees provided for in this section for a brewer license and for a Class B wholesaler license shall be reduced by 75% if the applicant therefor is also the holder of a license to manufacture or wholesale any low-point beer as provided for in this Chapter.

4. An applicant may apply for and receive both a mixed beverage license and a caterer license.

5. All licenses, except as otherwise provided, shall be valid for one year from date of issuance unless revoked or surrendered. Provided, that a special event license shall be valid for a period not to exceed 10 consecutive days from the first date the license is valid; said date to be specified on the license.

6. The holder of a license, issued by the ABLE Commission, for a bottle club may exchange the bottle club license for a mixed beverage license and operate the licensed premises as a mixed beverage establishment subject to the provisions of the Oklahoma Alcoholic Beverage Control Act, Section 501 et seq. There shall be no additional fee for such exchange and the mixed beverage license issued shall expire one year from the date of issuance of the original bottle club license. (Reference: Title 37, 1991 O.S., Section 554.1; see also Title 37 O.S., Section 518.)

7. Sale of alcoholic beverages by the individual drink for on premises consumption is not allowed on Christmas day, or on Sundays between the hours of 2:00 a.m. and 12:00 noon. (Reference: Custer County Special Election, January 20, 1987.)

§ 2-6 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 on or before the date upon which he enters upon such occupation. Said 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 said occupation tax, the City Clerk shall issue a receipt to said state licensee. Said licensee shall post the receipt in a conspicuous place on the premises wherein he carries on his occupation. (Reference: See, e.g., Title 37, 1991 O.S., Section 532.1.)

4. Any person who engages in any of the occupations taxed by this Chapter without paying said occupation tax imposed therefor in advance of such operation, is guilty of an offense against the City of Weatherford, and upon conviction thereof shall be punished by fine, costs, and imprisonment as provided for in Section 9-31 of this Code. Each day of such violation shall constitute a separate offense.

§ 2-7 ANNUAL REPORT.

The City Clerk shall make an annual report to the ABLE Commission, covering the fiscal year, showing the number and class of licensees subject to the occupation tax and the amount of money collected from said tax. (Reference: Title 37, 1991 O.S., Section 554.1.)

§ 2-8 APPLICATION FOR CERTIFICATE; INVESTIGATIONS.

1. Every applicant for a certificate of compliance with the fire, health and safety codes of the City of Weatherford required by Title 37 of the Oklahoma Statutes shall apply at the Office of the City 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 $25 at the time of filing.

2. Upon receipt of an application for a certificate of compliance the City Clerk shall cause an investigation to be made to determine whether the premises proposed for licensed operations comply with the provisions of any health, fire, building and other safety codes applicable to it.

3. The City Clerk shall act on all such applications within 20 days of receipt thereof. (Reference: Title 37, 1991 O.S., Section 523.)

§ 2-9 ISSUANCE OF 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 compliance 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 certificate of compliance shall be signed by the proper designated city official.

§ 2-10 RETAIL PACKAGE STORES.

1. The location of a retail package store is specifically prohibited within 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 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 to 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 from such church or school shall be considered as if it were located on the same side of the street with such church or school. A license shall not be issued for a location on any block where a school or church is located. (Reference: Title 37, 1991 O.S., Section 518.2.)

2. 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 nontransparent 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, reselling or delivering in connection with the sale of said alcoholic beverages. (Reference: Title 37, 1991 O.S., Section 534.)

3. 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 a.m. and 9:00 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. (Reference: Title 37, 1991 O.S., Section 537.C.3.)

4. Retail package stores may sell alcoholic beverages only in retail containers in the original package for consumption off the premises and only at ordinary room temperature. (Reference: Title 37, 1991 O.S., Section 534.)

5. 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 21 years of age, an intoxicated person or any person who has been adjudged insane or mentally deficient; (Reference: Title 37, 1991 O.S., Section 538.F.,G.)

b. Employ any person under 21 years of age in the selling or handling of alcoholic beverages; (Reference: Title 37, 1991 O.S., Section 537.B.2.)

c. Permit any person under 21 years of age to enter into, remain within or loiter about a licensed premises; or (Reference: Title 37, 1991 O.S., Section 537.C.7.)

d. Permit any person to open a retail container or consume alcoholic beverages on the premises of a retail package store. (Reference: Title 37, 1991 O.S., Section 537.C.2.)

e. Advertise any alcoholic beverages or the sale of same, except on sign at the retail outlet bearing the words "Retail Alcoholic Liquor Store" or any combination thereof in letters that shall not exceed four inches in height and three inches in width. (Reference: title 37, 1991 O.S., Section 516.2.)

6. Any person who violates the provisions of this section shall be guilty of a criminal offense and shall be fined and/or imprisoned in accordance with Section 9-31 of this Code.

§ 2-11 LOCATION OF STORES, WAREHOUSE, ETC.

No retail alcoholic beverage store, and no wholesale alcoholic beverage store, warehouse, brewery, distillery, winery, or any other place, however described, for the manufacture or production or bottling of alcoholic beverages of any kind shall be located, maintained, or operated by any person at any place within the boundaries of the City of Weatherford, except at a location at which such an establishment is permitted by the zoning ordinance of the city.

§ 2-12 SEPARATE PREMISES REQUIRED.

No person within this city shall transport in any vehicle upon any public highway, street, or alley any alcoholic beverage unless such alcoholic beverage is:

1. In an unopened original container with seal unbroken and the original cap or cork not removed from the container; or

2. In the trunk or other closed compartment or other container, out of public view and out of reach of the driver or any occupant of the vehicle.

§ 2-13 DRINKING IN A PUBLIC PLACE.

[Amended 2-28-2020 by Ord. No. 2020-11]

1. No person shall consume spirits in any public place except on the premises of a licensee of the ABLE Commission who is authorized to sell or serve spirits by the individual drink, nor shall any person be intoxicated in such public place.

2. It shall be unlawful for any person to drink beer or wine while in or upon any street, alley or other public place in the city, except that such beverages may be consumed or possessed by persons 21 years of age or older within the boundaries of any area licensed by the ABLE Commission or on the Southwestern Oklahoma State University campus in accordance with rules established by said institution.

§ 2-14 NOT TO SELL ON CREDIT.

No person, at any retail alcoholic beverage store in this city, shall sell any alcoholic beverage on credit.

§ 2-15 NOT TO OFFER PRIZES, PREMIUMS, ETC.

No owner or proprietor of a retail alcoholic beverage store, and no person employed therein shall offer or furnish any prize, premium, gift, or similar inducement to a consumer in connection with a sale of alcoholic beverage.

§ 2-16 NOT TO PERMIT DRUNK PERSON IN CAFE, CLUB, ETC.

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, or club, or place of recreation shall permit any person to be drunk or intoxicated in such place of business.

§ 2-17 through § 2-20. (RESERVED)