Chapter 3 ALCOHOLIC BEVERAGES 1 ARTICLE I. IN GENERAL

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1 Art. I. In General, Art. II. Intoxicating Beverages, Art. Ill. Private Clubs, Chapter 3 ALCOHOLIC BEVERAGES 1 ARTICLE I. IN GENERAL Sec Statute adopted; construction of chapter. (a) Title 37 of the Oklahoma Statutes, as now or hereafter enacted, is hereby adopted and incorporated in the Code of Ordinances of the City of Pauls Valley, Oklahoma, as if set out at length herein. (b) All words and phrases used in this and other chapters relating to the use of alcoholic beverages, and not defined herein, shall be construed in conformity with the definitions of the same set forth in said Title 37. (Code 1977, 2-1, 2-2; Ord. No. 783, 1, ; Ord. No. 883, 1, ) Sec Nonintoxicating beverages-generally. (Code 1977, 2-16, 2-18, 2-19, 2-21, 15-12; Ord. No. 763, ; Repealed: Ord. 883, 2, ) State law references Transporting nonintoxicating beverages, 37 O.S , ; hours of sale, 37 O.S Sec Reserved. Editor s note Ord. No. 822, 1, adopted Dec. l, 1992, repealed former section 3-3 in its entirety. Former section 3-3 pertained to alcoholic beverage regulations relating to minors and derived from the Code of Sec Same License requirement; fee. (a) Retail dealers, as defined by 37 O.S , engaged in selling low-point beer, as defined by 37 O.S , shall obtain an annual license as authorized by 37 O.S Such a license shall be obtained by filing for such license at the office of the City Clerk. Each such license shall be effective for the calendar year. (b) Fees for licenses required by subsection (a) above, shall be ten dollars ($10.00) for retail dealers selling said beverages in original packages and not for consumption on premises, and twenty dollars ($20.00) from retail dealers selling said beverages for consumption on or off the premises and shall be collected by the city clerk at the time of issuance of each yearly license. (c) A partial fee of five dollars ($5.00) shall be charged for any part of a year that a permit is required by subsection (b) hereof, for retail dealers selling such beverages not for consumption on premises. A partial fee of ten dollars ($10.00 ) shall be charged for any p art of a year that a permit is required by subsection (b) hereof for retail dealers selling such beverages for consumption on or off premises. (Ord. No. 805, 1-3, ; Ord. No. 883, 3, ) Editor s note-ord. No. 805, 1-3, adopted July 17, 1990, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as Cross references Health and sanitation, Ch. 8; licenses and business regulations, Ch. 9; motor vehicles and traffic, Ch. 10; nuisances, Ch. 12; offenses-miscellaneous, Ch. 13; parks and recreation, Ch. 14; taxation, Ch. 17. State constitution reference Oklahoma Alcoholic Beverage Control Board, etc., Art. 27. State law reference Intoxicating liquors, 37 O.S. Supp 8. ( ) 201

2 Sec PAULS VALLEY CODE Sale, barter or gift to person under 21 years of age. (Ord. No. 822, 2, ; Repealed: Ord. 883, 2, ) Sec Employment of person under 18 years of age in place where alcoholic beverages are sold or dispensed. (Ord. No. 822, 2, ; Repealed: Ord. 883, 2, ) Sec Violation as grounds for license revocation R esponsibility for violations committed by servants, agents, employ ees or representatives. (a) The violation by any person of the provisions of any statute or ordinance pertaining to the sale of low-point beer, as defined by of Title 37 of the Oklahoma Statutes, shall be sufficient ground for revocation by the judge of the municipal court of any license issued pursuant to 3-4 of this article held by such person authorizing the sale of low-point beer. No new license shall be issued to such person or to a relative of such person for a period of twelve (12) months after such revocation. (b) Each holder of a license issued pursuant to 3-4 of this article to sell and dispense low-point beer, as defined in of Title 37 of the Oklahoma Statutes, shall be held responsible for any violation of any statute or ordinance pertaining to the sale of low-point beer committed by a servant, agent, employee or representative of the license holder. (Ord. No. 822, 2, ; Ord. No. 883, 4, ) Sec Persons under 2 1 years of age prohibited from consuming nonintoxicating beverag e in public place and from entering or remaining in bar area. (Ord. No. 822, 2, ; Ord. No , ; Repealed: Ord. 883, 2, ) Secs Reserved. ARTICLE II. INTOXICATING BEVERAGES Sec Municipal occupation tax levied; pay ment; records. (a) Tax levied; rates. There is hereby levied an annual occupation tax for the privilege of operating within the city as a retailer, mixed beverage, beer and wine, caterer or special event licensee, bottle club, manufacturer, wholesaler or Class B wholesaler, as such occupations are defined in Section 506 of Title 37 of the Oklahoma Statutes. The occupations covere d hereby and the rate of the tax levied hereby shall be the same as the license fees set forth in Section 518A of Title 37 of the Oklahoma Statutes, with the exception that the annual occupation tax for package stores shall be $ per year. As the license fees set forth in said statute change, so shall the occupation tax imposed by this section for such occupations, except for package stores, which shall remain $300 until further amendm ent hereof. (b) Exceptions; Other provisions; The exceptions and provisions o f Sub-sections B, C and D of said Section 518 of Title 37 of the Oklahoma Statutes are further adopted and incorporated herein, except that references in said statute to license fee shall be construed herein to refer to the occupation tax imposed by this section. Supp 8. ( ) 202

3 ALCOHOLIC BEVERAGES (c) No operation until tax has been paid. No person or entity op erating in any of the occupations upon which the occupation tax provided for in this section is imposed shall do business or o ffer to do business in this city until the occupation tax levied by this article has been paid in full to the city clerk and receipt issued therefor. (d) Tax to be paid to city clerk; records; tax receipt. All occupation taxes herein provided shall be paid in advance to the city clerk, who shall issue a receipt therefor. The city clerk shall record the name of such licensee and the address where he engaged in his occupation. Such records shall be duly filed and kept in the permanent files of the city for at least five (5) years. Thereafter, upon resolution by the council, such records may be destroyed. Every person receiving such a receipt from the clerk shall post it in a conspicuous place in the premises wherein he carries on his occupation. (Code 1977, 2-3, 2-4, 2-6; Ord. No. 783, 1, ; Ord. No. 916, 1, ) Cross references Finance department, 2-36; taxation, Ch. 17. State constitution reference Municipal occupation tax, Art. 27, 9. State law reference Occupation taxes, 37 O.S Sec (a) Expiration, proration of tax. All occupation taxes levied under the provisions of this article expire on June 30th of each year. (b) The amount of any occupation tax levied shall be computed pro rata upon the months remaining in the year ending June 30th following. Such taxes paid on or before the fifteenth day of any month shall be on the basis of the first day of the mo nth, and such taxes paid after the fifteenth day of any month shall be on the basis of the first day of the next succeeding month. (Code 1977, 2-5) State law reference Expiration date of licenses and permits, 37 O.S Sec Annual report of licenses and revenue. The city clerk shall make and transmit to the Oklahoma Alcoholic Beverage Contro l Board an annual rep ort, covering the fiscal year, showing the number and class of licenses issued under this chapter and the amount of money received therefrom. (Code 1977, 2-7) Cross reference Licenses and business regulations, Ch. 9. State law reference Similar provisions, 37 O.S Sec Days and hours of operation. (a) No retail package store shall be open for the purpose of selling any alcoholic beverage at any hour other than between the ho urs of 10:00 a.m. and 10:00 p.m., Monday through Saturday. (b) No sales shall be made, or retail package store be allowed to remain open for the purpose of doing business, making sales or receiving deliveries of alcoholic liquors, on the day of any general, primary, runoff primary or special election, while the polls are open, whether on a national, state, county or city election, or on New Year s Day, Memo rial Day, the Fo urth of July, Lab or Day, V eterans Day, Thanksgiving Day or Christmas D ay. (Code 1977, 2-8) State law reference Similar provisions, 37 O.S Supp 8. ( ) 203

4 Sec PAULS VALLEY CODE Offenses pertaining to retail establishment licensees, employees, agents, etc. (Code 1977, 2-9(1) (3), (5) (9), (11), (12), (14) (17); Repealed: Ord. 883, 2, ) State constitution reference Prohibition of sales of alcoholic beverages to certain persons, Art. 27, 5. State law references Similar provisions, 37 O.S. 537; advertising alcoholic beverages, 37 O.S. 516; package store premises, 37 O.S. 534; packaging, marking, branding and labeling of alcoholic beverages, 37 O.S. 515; penalties for violations, 37 O.S Sec Offenses pertaining to individuals. (Code 1977, 2-9(4), (10), 15-11(2), (4) (6); Repealed: Ord. 883, 2, ) State law reference Intoxicated person in public place, assistance, protective custody, detention, 63 O.S Editor s Note Ord. No. 883, 2, provides that this section was repea led with the intent that the applicable provisions Secs Reserved. ARTICLE III. PRIVATE CLUBS 2 Sec Definition. For the purpose of this article, a private club is defined as any association, person, firm, corporation, key club, locker club, pool club or any other kind of club or association, excluding the general public from its premises or place of meeting or congregation or operating or exercising control over any other place where persons are permitted to drink alcoholic beverages, other than in a private home. These clubs shall include but are not limited to a club op erated by a mixed beverage licensee, a bottle club licensee, caterer licensee, and a special event licensee, as licensed by the State of Oklahoma. (Code 1977, 2-28; Ord. No. 783, 1, ) State law reference Private club defined, 37 O.S Sec Membership. Membership in a private club shall be regulated by articles or bylaws, which provide that membership is required. Membership cards showing expiration must be issued as provided by 37 O.S. Section 593. (Ord. No. 783, 1, ) Sec Violation of law. No private club, nor any owner, manager or employee thereof, licensed pursuant to the provisions of this article, shall violate any of the provisions of the state alcoholic beverages law nor any of the gambling laws of the state, nor knowingly permit the violation thereof on any premises subject to the control of the private club. (Code 1977, 2-36) State law references Penalty for violation of Alcoholic Beverage Control Act, 37 O.S. 566; gambling, 21 O.S. 981 et seq. 2 Cross references--licenses and business regulations, Ch. 9; taxation, Ch. 17. Supp. No. 5 Supp 8. ( ) 204

5 Sec Inspection; enforcement of article. ALCOHOLIC BEVERAGES The police and fire departments shall inspect all private clubs regularly to enforce all of the terms of this article and repo rt any violations to the license review board. (Code 1977, 2-50) Sec Classes of clubs. (a) Class A. Class A private clubs shall include private clubs maintained, supported and controlled by nationally reco gnized lod ges, fraternal societies or veterans organizations, for their members only. (b) Class B. Class B private clubs shall include restaurants open to the general public but maintaining a private room opening into the restaurant, which private room is used as a private club. (c) Class C. Class C private clubs shall include any other private club other than Class A, B or D. (d) Class D. Class D private clubs shall include only hotels or motels having twenty (20) or more guest rooms. (Code 1977, 2-29; Ord. No. 783, 1, ) Sec License review board generally. (a) A license review board is hereby established to review and pass upon qualifications of applicants for licenses, or licensees, as provided herein. Said board shall issue licenses to applicants qualified under this article and hear complaints and determine revocations of licenses in proper cases. No license shall be issued by said board until the application shall have been on file with the city clerk at least ten (10) days. (b) Said board shall be composed of the members of the city council. The memb ers shall elect a chairman of said board and the city clerk shall be secretary. In the event of the absence of either the chairman or secretary at any meeting of the board, the members present m ay elect a mem ber as temp orary chairm an or secretary. A simple m ajority of the members of said beard present at any meeting shall be required for any action. Three (3) mem-hers shall constitute a quorum. (Code 1977, 2-30, 2-31) Cross references Administration, Ch. 2; boards and commissions, 2-21 et seq. Sec License Generally. (a) Required. No person shall maintain or operate any private club in the city witho ut first paying in advance to the city clerk the license fee hereinafter prescribed and, by presenting the receipt for the sale to the clerk, making application for a license therefor on forms provided by the city and receiving a license from the clerk, after approval of the license review board. (b) Application gene rally. In addition to the receipt from the clerk, any applicant for a license having a private club shall file with the clerk: (1) True copies of the articles of association and bylaws, if the applicant is an association; (2) A list of the officers, directors, owners and manager of the club and any stockholders who receive a financial return on their stock, which copies shall be filed in duplicate. If any changes occur in the aforesaid officers, directors, stockholders, owners or managers at any time during the calendar year after which the license is issued, such changes shall be filed with the city clerk in duplicate forms provid ed, within one week after such changes. Upon receipt of the original copy of changes, the clerk shall forward one copy to the chief of police, who shall cause a check to be made of any criminal record of any person named therein and shall promptly cause an investigation to be made of the manner in which the applicant proposes to operate the private club, and report in writing thereafter to the clerk as to his findings. (c) Issuance; expiration; proration of fees. All licenses issued pursuant to this article shall expire on the last day of June of each year. License fees shall be prorated in the following manner: App licants who file more than six (6) months prior to the last day of June of any year shall pay the license fee in full; applicants who file less than six (6) 205

6 PAULS VALLEY CODE months prior to the last day of June o f any year shall pay one-half of the fee prescribed herein. No license shall be returned. Licenses shall be signed by the city clerk and countersigned by the city treasurer; the clerk shall affix the corporate seal of the city thereto. (d) the city: Fees. The following annual license tax or fee is levied upon all persons operating a private club within (1) Class A...$ (2) Class B (3) Class C (4) Class D No free licenses shall be granted nor rebates allowed, for any cause, nor any sum accepted less than the amount herein specified, nor for a shorter period than herein required. (e) Separa te licenses; transfer. A separate license must be obtained for each branch established or separate place operated by any private club. Each license shall authorize the operation of a private club only at the location described in such license and in conformity with this Code and the laws of the state and the United States. No license shall be transferable to another person or to another location. (f) Display; entrance marked. Every private club having a license under the provisions of this article shall exhibit the same at all times while in force, in some conspicuous place in the licensed premises, and shall produce or exhibit the same when applying for a renewal thereof. The entrance of every private club shall be plainly marked Private Club, M embers O nly. (g) Suspension; revocation. (1) The license review board may suspend, for not more than fifteen (15) days, or revoke, licenses issued hereunder, if, after public hearing as hereinafter provided, the board finds that the holder of the license has made a material misstatement in the application for a license, or the renewal thereof, or has violated any of the provisions of this article. Failure or refusal by a holder of any such license to permit immediate inspection of the premises shall also constitute grounds for revocation thereof. (2) The chief of police shall investigate complaints concerning private clubs and, if he finds that a violation of the provisions hereof has been committed, he shall file a complaint with the city clerk, setting forth the alleged acts constituting the violation. Upon the filing of the complaint, the clerk shall fix a date for hearing of said complaint by the license review board and shall cause to be served upon said licensee a copy of the complaint and notice of the time and place of said hearing. (3) The complaint and notice of hearing shall be served upon the manager, operator, partner or person shown on the license as having supervisory control over the premises of the private club. At the hearing thereon, the complainant, the licensee or any interested person may appear and present such evidence as may be relevant and material. If, at the conclusion of such hearing, the license review board finds that the licensee has made a material misstatement in the application for license or renewal thereof, or has violated any of the provisions of this article, the bo ard shall suspend, for not more than fifteen (15) days or revoke the license issued hereunder. Upon suspension or revocation, the licensee shall immediately cease operation as a private club. (4) Following the revocation of any private club license, an application for a license as a private club upon the same p remises shall not be accepted by the city clerk for thirty (30) days. (Code 1977, 2-32, 2-33, 2-37, , 2-48, 2-56) Cross reference Licenses and business regulations, Ch. 9. State law reference Expiration of licenses and permits, 37 O.S

7 ALCOHOLIC BEVERAGES Sec Same-Class B or C. (a) Applicants for Class B o r Class C licenses shall be either Oklahoma corporations or associations, with written articles of association and bylaws which provide for regular election of officers or directors. (b) No person shall be eligible for election or to serve or act in any Class B or Class C private club as an officer, director, stockholder or owner, nor direct any policy thereof, who has not been a continuous resident in go od faith of the state for one year and a continuous resident in good faith of the county for six (6) months. No person shall be eligible to election or to serve or act in any private club as an officer, director, stockholder, owner or manager, nor direct any policy thereof, who has been convicted of any felony or of violation of the gambling or prohibitory laws of any state of the United States, including those heretofore in effect; provided that any person holding such a position in any private club operating at the time of the enactment of this article shall not be subject to this section as to the position he holds at that time. (Code 1977, 2-34, 2-35) State law reference Grounds for refusal of state intoxicating liquor license, 37 O.S Sec Location. No new license shall be issued where the entrance to the club is closer than three hundred (300) feet to a church, school, beer tavern or retail liquor building, except that a license that was not in comp liance with the provisions of this article, in effect at the time of the issuance of the license, may continue to hold and renew the license so long as the annual license tax or fee is paid as is otherwise provided; provided that this section shall not prohibit the revocation of the license. The distance referred to herein shall be measured from the part of the church, school, beer tavern or retail liquor building nearest the public entrance of the premises of the applicant for private club license, and shall proceed in the most direct route between said places, deviating only around the permanent buildings. (Code 1977, 2-47; Ord. No. 713, 1, ) Sec Hours of operation. The room(s) used as a private club shall be closed and vacated by members and guests each day fro m 2:00 a.m., to 10:00 a.m. During the hours that a private club must remain closed, no members, guests or other persons other than regular employees may be or remain therein, and the use by anyone of the premises or facilities of the private club for the drinking of alcoholic beverages during such hours when a private club must remain closed is prohibited. (Code 1977, 2-49; Ord. No. 783, 1, ) State law reference Hours of operation of private clubs, 37 O.S. 8.1,592, 599. Sec General regulations for operation. It shall constitute an offense, punishable as provided in this Code, and be grounds for the revocation or suspension of a license issued hereund er, for any private club, or operator, partner, manager, person having supervisory control thereof or employee, to do or permit to be done any of the following: (1) Violate any of the provisions of this article; (2) Violate any of the statutes of this state pertaining to alcoholic beverages; (3) Violate any of the regulations promulgated by the Oklahoma Alcoholic Beverage Control Board; (4) Serve to or allow any intoxicated person to consume any alcoholic beverage on the premises so licensed; (5) Allow any incomp etent or mentally deranged person to be served or consume any alcoholic beverages on the premises; (6) Permit any intoxicated person to be or remain on the licensed premises. (Code 1977, 2-55) 207

8 Sec Food. PAULS VALLEY CODE No restaurant maintaining a Class B private club, licensed pursuant to this article, shall be operated or maintained without preparing and serving hot food at all hours while open for business, including meats, vegetables and desserts. Every private club licensed pursuant to this article shall be subject to all ordinances regulating food-handling establishments. (Code 1977, 2-38, 2-39) Sec Exits. (a) No license shall be issued for a private club and no private club shall be operated in and upon any premises which do not have as a means of escape from fire at least two (2) exit doorways, one of which may also be the entrance. The location of such doorways, their type, size and other factors affecting their purpose of serving as a means of escape from fires shall be subject to the approval of the chief of the fire department or the fire marshal. The word premises, as used herein for determining exits, means that portion or tho se portions of a structure which are to be actually occupied and used for club purposes by patrons of the proposed private club or which are actually occupied and used for club purposes by patrons of the private club. (b) In a room accommo dating more than thirty (30) persons, required exit doorways or directions thereto shall be plainly m arked as designated or required by the chief of the fire department or the fire ma rshal. (c) The required exit doorways shall not be locked or otherwise fastened while the premises are in use, except in such manner as would permit the door to be opened from the inside by the use of the ordinary door latch or knob or by pressure on the door or on a panic release device or other device as approved by the chief of the fire department or the fire ma rshal. (d) Nothing shall be place d, stored or kept or permitted to be placed, stored or kep t so as to block, hinder or render hazardous the required means of egress from the premises. (Code 1977, ) Cross reference Fire prevention and protection, Ch. 7.0 See Sanitary facilities. Every private club licensed pursuant to this article shall provide, as a minimum, sanitary and toilet facilities as required by the law. (Code 1977, 2-40) Cross reference Health and sanitation, Ch. 8. Sec (a) Persons under twenty-one. Definitions. For the purposes of this section, the following words shall have the following meanings: (1) Club premises: The building or designated rooms where persons are permitted to drink intoxicating beverages. (2) Entertainer: Any person, regardless of age, who is em ployed by a private club to sing and/or play a musical instrument, except a person who soils or serves drinks or beverages or dances with patrons. (3) Performance: The public presentation of a show or act, including reasonable rest periods. (b) Entertainers genera lly. An entertainer under the age of twenty-one (21) years: (1) Upon completion of the performance, shall leave the club premises; and (2) Must be accompanied by a parent or guardian when performing in a private club. 208

9 ALCOHOLIC BEVERAGES (c) Club owner s duties regarding entertainers. (1) The club owner shall, in writing, submit the names of all minor entertainers and the accompanying parent or guardian of each such minor with the police department prior to any performance by a minor in a private club; and (2) If any private club owner fails to supply said names to the police department, he shall be guilty of a misdemeanor and upon conviction, in addition to any fine and costs of suit, there shall be a mandatory suspension of his private club license for not less than five (5) days. (d) Restricted p remises. No person under the age of twenty-one (21) years shall: (1) Be on or about that part of the premises of any private club where any nonintoxicating or intoxicating alcoholic beverages are served; (2) Be permitted in or on that part of the premises subject to the control of any private club where persons are permitted to drink alcoholic or intoxicating beverages, except as provided herein; and (3) If the premises of a licensee of the Alcoholic Beverage Laws Enforcement Commission contains a separate or enclosed lounge or bar area, which has as its main purpose the sale or distribution, for consideration, of alcoholic beverages for on-premises consumption, notwithstanding that as an incidental service, meals or short order foods are made available therein, no person under twenty-one (21) years of age shall be admitted to such area. The provisions of this section shall not prohibit persons under twenty-one (21) years of age from being adm itted to an area which has as its main purpose some objective other than the sale or mixing or serving of said beverages, in which sales or serving of said beverages are incidental to the main purpose, as long as the persons under twenty-one (21) years of age are not sold or served alcoholic beverages. The ABLE (Alcoholic Beverage Laws Enforcement) Commission shall have the authority to designate the portions of the premises of a licensee where persons under twenty-one (21) years of age shall not be admitted pursuant to this section. (Code 1977, 2-42; Ord. No. 713, 1, ; Ord. No. 783, 1, ) 209