§ 4-1-1-101. Purpose, scope and definitions.

A.

The purpose of this chapter is to enact ordinances consistent with the provisions of the Oklahoma Alcoholic Beverage Control Act (Act). The provisions of this chapter are not intended to regulate by licensure or otherwise the activities for which a license is required to be issued pursuant to the Act. The City Council reserves its authority to enact, amend and modify new and existing zoning classifications to regulate the location of establishments that sell, mix, dispense or allow consumption of alcoholic beverages on the premises as provided by the Act. The provisions of this chapter shall be interpreted to conform with these purposes.

B.

The municipal court for the City of Lawton is authorized to hear violations of the provisions of this chapter unless otherwise provided by law.

C.

Terms, words and phrases as used in this chapter shall have the same meaning as like terms, words and phrases defined in the Act. Such like terms, words and phrases defined below are presented for administrative convenience only. Such other terms, words and phrases defined below shall have the meaning respectively ascribed to them in this section:

1.

"ABLE Commission" or "Commission" means the Alcoholic Beverage Laws Enforcement Commission;

2.

"Alcoholic beverage" means alcohol, spirits, beer and wine as those terms are defined by the Oklahoma Alcoholic Beverage Control Act 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;

3.

"Beer" means 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" 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;

4.

"Beer distributor" means and includes 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 as issued by the ABLE Commission;

5.

"Brewer" means and includes 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;

6.

"Brewpub" means a licensed establishment operated on the premises of, or on premises contiguous to, a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption;

7.

"Caterer" means any person whose business is to provide food, supplies and services at an event, to sell alcoholic beverages for on-premises consumption incidental to the sale or distribution of food;

8.

"Distiller" means 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;

9.

"Dual strength beer" means a brand of beer that, immediately prior to April 15, 2017, was being sold and distributed in this state and continues to be sold and distributed as such on October 1, 2018:

a.

as a low-point beer pursuant to the Low-Point Beer Distribution Act in effect immediately prior to the effective date of the Oklahoma Alcoholic Beverage Control Act; and

b.

as a strong beer pursuant to the Alcoholic Beverage Control Act in effect immediately prior to the effective date of the Oklahoma Alcoholic Beverage Control Act,

10.

"Gathering" is a party, gathering, or event, where a group of three (3) or more persons have assembled or are assembling for a social occasion or social activity;

11.

"Licensee" means any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant or employee of such license while in the performance of any act or duty in connection with the licensed business or on the licensed premises;

12.

"Manufacturer" means a brewer, distiller, winemaker, rectifier or bottler of any alcoholic beverage and its subsidiaries, affiliates and parent companies;

13.

"Minor" means a person who is under twenty-one (21) years of age;

14.

"Mixed beverages" means one or more servings of a beverage composed in whole or part of any 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;

15.

"Motion picture theater" means an establishment as licensed by the Oklahoma Alcoholic Beverage Control Act to sell alcoholic beverages by the individual drink and where motion pictures are exhibited, and to which the general public is admitted;

16.

"Occupation" as used in connection with "occupational 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;

17.

"Package store" or "liquor store" means 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 drug store, or other retail outlet that is not permitted to sell wine or beer for off-premises consumption;

18.

"Premises" means the grounds, 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;

19.

"Principle place of business" means each premises licensed to do business pursuant to the Act.

20.

"Public event" means any event that can be attended by the general public;

21.

"Rectifier" means 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 complete), and any person who, without rectifying, purifying or refining spirits, shall by mixing (except for immediate consumption on the premises where mixed) such spirits, wine or other liquor with any material, manufactures any spurious, imitation or compound liquors for sale, under the name of whisky, brandy, rum, gin, wine, spirits, cordials or any other name;

22.

"Retailer" means a package store, grocery store, convenience store or drug store licensed to sell alcoholic beverages for off-premises consumption pursuant to a Retail Spirits License, Retail Wine License or Retail Beer License;

23.

"Separate or enclosed bar area" means an area accessible from within the general business establishment which is clearly marked to prevent entrance therein by minors. A bar area will qualify as "separate or enclosed" when: (i) said notices are clearly visible at each point of ingress or egress to said separate or enclosed bar area; (ii) physical barriers are placed so as to give notice to minors that the separate or enclosed area is not within the general common area and that their entrance therein is subject to criminal sanctions; (iii) the physical barriers are not constructed in such a manner to impede lawful entry or hinder emergency exist therefrom. A half wall measuring at least forty-two (42) inches from the floor level with designated entry and exit points shall be conclusive proof of a separate or enclosed area, provided that said area is properly posted;

24.

"Special event" means an entertainment, recreation or marketing event that occurs at a single location on an irregular basis and at which alcoholic beverages are sold;

25.

"Spirits" means any beverage other than wine or beer, which contains more than one-half of one percent (½ 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;

26.

"Wine and spirits wholesaler" or "wine and spirits distributor" means and includes any sole proprietorship or partnership licensed to distribute wine and spirits in the state.

27.

"Wine" means any beverage that contains more than one-half of one percent (½ of 1%) alcohol by volume and not more than twenty-four percent (24%) by volume at sixty (60) degrees Fahrenheit 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.

(Ord. No. 18-27 , § 2, 8-28-2018)