The latest edition of the Oklahoma State Department of Health Rules and Regulations Pertaining to Food Establishments is hereby adopted and incorporated in this code by reference. At least one copy of the rules and regulations shall be on file in the office of the Town Clerk-Treasurer. The rules and regulations shall govern the definitions; the inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments; the prohibiting of the sale of adulterated or misbranded food or drink and the enforcement of this section.
(Prior Code, § 8-201) Penalty, see § 115.99
Statutory reference:
State food regulations, see 63 O.S. §§ 1-1101 et seq.
Milk
§ 115.15 Adopting Federal Pasturized Milk Regulations
(A) Part II of the Grade A Pasteurized Milk Ordinance, recommended by the U.S. Public Health Service, is hereby adopted and incorporated by reference to govern and regulate the production, transportation, processing, handling, sampling, examination, grading, labeling and sale of milk and milk products sold for ultimate consumption within the town limits or its police jurisdiction; the inspection of dairy farms, dairy herds and milk plants and the issuing and revocation of permits to milk producers, haulers and distributors.
(B) At least one copy of the Pasteurized Milk Ordinance shall be filed in the office of the appropriate official. Sections 9, 16 and 17 of the abridged ordinance shall be replaced, respectively, by §§ 115.16 and 115.99(C) of this chapter.
(Prior Code, § 8-202) Penalty, see § 115.99
Statutory reference:
Manufacture of milk and state laws regulating milk standards, see 2 O.S. §§ 7-401 et seq.
§ 115.16 Grade Requirements
Only Grade A pasteurized milk and milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores or similar establishments, provided that in an emergency, ungraded milk or milk the grade of which is unknown may be authorized by the health authority, in which case, such milk and milk products shall be labeled “ungraded.”
(Prior Code, § 8-203) Penalty, see § 115.99
Alcoholic Beverages
§ 115.30 Purpose
This subchapter is enacted as an exercise of the police power of the town to preserve the public peace, safety, health and good order thereof and to aid the enforcement of the policy of the state as established by the State Alcoholic Beverage Control Act, 37 O.S. §§ 1-101 et seq., and to establish annual occupation taxes upon all persons engaged in the manufacture, sale or distribution of alcoholic beverages.
State alcoholic beverage regulations, generally, see 37A O.S. § 1-101
§ 115.31 Definitions
(A) For the purpose of this subchapter, all of the terms and phrases used in this subchapter shall be given the same use and meaning as defined by the State Alcoholic Beverage Control Act.
(B) For the purpose of this subchapter, the following definitions apply unless the context clearly requires a different meaning.
MINOR. A person who, in accordance with state law, has not yet attained the age at which the consumption of alcoholic beverages is permitted.
STATE LICENSEE. Any person who holds a license issued under the authority of the State Alcoholic Beverage Control Act.
(Prior Code, § 3-102)
§ 115.32 Tax Levied On Certain Occupations
(A) Annual tax levied.
(1) There is hereby levied an annual tax not to exceed the amounts indicated below upon the following named occupations.
Occupation
Annual Tax
Occupation
Annual Tax
Beer distributor
$750
Bottle club
$1,000 initial
$900 renewal
Brewer
$1,250
Caterer
$1,005 initial
$905 renewal
Distiller
$3,125
Hotel beverage license
$1,005 initial
$905 renewal
Mixed beverage
$1,005 initial
$900 renewal
Mixed beverage/caterer combination
$1,250
On-premises beer and wine
$500 initial
$450 renewal
Rectifier
$3,125
Retail beer
$200
Retail wine
$100
Small brewer
$125
Small farm winery
$75
Wine and spirits wholesaler
$3,000
Wine maker
$625
(2) Retail spirits license fees shall be determined by the latest federal decennial census.
Population
Annual Tax
200 to 2,500
$305
2,501 to 5,000
$605
Over 5,000
$905
(3) Service organizations which are exempt under I.R.C. § 501 (c)(8)(10) or (19), being 26 U.S.C. § 501(c)(8)(10) or (19) for mixed beverages or bottle clubs: $500.
(Prior Code, § 3-103)
(B) Tax assessed per location. Any state licensee carrying on his or her occupation in more than one location within the town limits of the town shall be subject to the tax set out for each such location.
Town license fees, not to levy greater than state licenses, see 37A O.S. §§ 2-101 et seq.
§ 115.33 When Tax Due And Posting
(A) Any state licensee originally entering upon any occupation herein listed shall pay the tax therefor at the office of the Town Clerk-Treasurer on or before the date upon which he or she enters upon such occupation. The licensee shall provide a copy of his or her current state license before payment of an occupation tax will be accepted.
(B) Upon payment of the occupation tax as set out, the Town Clerk-Treasurer shall issue a receipt to the state licensee, which licensee shall post in a conspicuous place on the premises wherein he or she carries on his or her occupation. The Town Clerk-Treasurer shall also record the name of such licensee and the address where he or she engages in his or her occupation, and such records shall be duly filed and kept in the permanent files of that office for at least three years. Thereafter, upon approval of the governing body of the town, the records may be destroyed.
(C) All occupation taxes shall expire on June 30 of each year.
(D) The Town Clerk-Treasurer shall make and transmit to the State Alcoholic Beverage Laws Enforcement (ABLE) Commission an annual report covering the fiscal year showing the number and class of businesses upon which occupation taxes were levied and the amount of money collected from such taxes.
(Prior Code, § 3-104) Penalty, see § 115.99
§ 115.34 Compliance With Zoning Regulations Required
(A) No retail alcoholic beverage package store, no bottle club and no wholesale alcoholic beverage store, warehouse, brewery, distillery, winery or any other place, however described, for the manufacture, 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 town, except at a location at which such an establishment is permitted or authorized by the zoning ordinances of the town.
(B) No person shall own, operate, maintain or be interested in any retail alcoholic beverage store which is located at a place within the town limits of the town which is in violation of or forbidden as a location by the town or under the laws of the state.
(Prior Code, § 3-112) Penalty, see § 115.99
Statutory reference:
Related provisions, see 37A O.S.
§ 115.35 Prohibited Locations
(A) (1) The location of a retail package store, mixed beverage establishment or bottle club is specifically prohibited within 300 feet from any church property primarily and regularly used for worship services and religious activities or from any public school.
(2) If any such church or school shall be established within 300 feet of any licensed premises after such premises has 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.
(B) 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, mixed beverage establishment or bottle club 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.
(Prior Code, § 3-113) Penalty, see § 115.99
Statutory reference:
Related provisions, see 37A O.S. § 2-139
§ 115.36 Certificate Of Compliance Application, Investigation
(A) Every applicant for a certificate of compliance with the zoning, fire, health and safety codes of the town required by 37A O.S. shall apply at the Clerk-Treasurer’s office under the same procedure as identified in Ord. 3-107.
(B) Upon receipt of an application for a certificate of compliance, the town shall cause an investigation to be made to determine whether the premises proposed for licensed operations complies with the provisions of the zoning ordinance and any health, fire, building and other safety codes applicable to it.
(C) The town shall act on all such applications within 20 days of receipt thereof.
Certificates issued by town prior to state licensing, see 37A O.S. § 2-142
§ 115.37 Certificate Of Zoning And Certificate Of Compliance Issuance
(A) Certificate of zoning. 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.
(B) Certificate of compliance. 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.
(C) Signing. The certificates of compliance in divisions (A) and (B) above shall be signed by the Mayor.
(D) Conditional certificate. 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 town zoning, fire, safety and health codes. A certificate in accordance with divisions (A) and (B) above shall be issued within ten days after all final inspections are complete.
(Prior Code, § 3-108)
§ 115.38 Prohibited Employment
(A) No minor shall be employed in the selling, manufacture, distribution or other handling of alcoholic beverages at any place within the town. No person shall employ or assist or aid in causing the employment of any minor at any place within the town in the selling, manufacture, distribution or other handling of alcoholic beverages.
(B) No minor shall be permitted to remain within or to loiter about the premises of a retail alcoholic beverage store.
(Prior Code, § 3-116) Penalty, see § 115.99
§ 115.39 Condition Of Sale
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 store.
(A) No person shall knowingly sell, deliver or furnish alcoholic beverages at any place within the town limits of the town to any person who is a minor, nor shall any minor 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 or her alcoholic beverages.
(B) No person shall sell, deliver or knowingly furnish an alcoholic beverage or beverages within the town to an intoxicated person or to any person who has been adjudged insane or mentally deficient.
(Prior Code, § 3-114) Penalty, see § 115.99
§ 115.41 Prohibited Dates, Hours For Sales
(A) No person shall open for business, keep open for business or sell or deliver alcoholic beverages, as defined herein, to any person at a retail alcoholic beverage store in the town:
(1) On any Sunday;
(2) On New Year’s Day;
(3) On Memorial Day;
(4) On the Fourth of July;
(5) On Labor Day;
(6) On Veteran’s Day;
(7) On Thanksgiving Day;
(8) On Christmas Day;
(9) While the polls are open on the day of any general, primary, runoff primary or special election, whether national, state, county or town; or
(10) On any other day except between the hours of 10:00 a.m. and 9:00 p.m.
(B) No wholesale dealer in alcoholic beverages and no officer, agent or employee of such a dealer shall sell or deliver to any retail alcoholic beverage store within the town any amount of spirits or wines:
(1) On Saturday of any week;
(2) On Sunday of any week;
(3) On New Year’s Day;
(4) On Memorial Day;
(5) On the Fourth of July;
(6) On Labor Day;
(7) On Veteran’s Day;
(8) On Thanksgiving Day;
(9) On Christmas Day; or
(10) While the polls are open on the day of any general, primary, runoff primary or special election, whether national, state, county or town.
(Prior Code, § 3-117) Penalty, see § 115.99
§ 115.42 Prohibited Consumption Locations
No person shall drink or consume in any manner any alcoholic beverage on the premises of a retail alcoholic beverage package store, nor in any other public place, and neither shall a person open or break the seal of any original package or retail container containing an alcoholic beverage on the premises of any such retail beverage store.
(Prior Code, § 3-110) Penalty, see § 115.99
§ 115.43 Intoxicated Person Not Permitted In CafÉs, Clubs
No person operating a café, restaurant, club or any place of recreation within the town, and no employee engaged in connection with the operation of such café, restaurant, club or place of recreation, shall permit any person to be drunk or intoxicated in the place of business.
(Prior Code, § 3-119) Penalty, see § 115.99
§ 115.44 Intoxication In Public Places Prohibited
No person within the town shall drink intoxicating liquor in any public place, nor shall any person be intoxicated in a public place within the town.
(Prior Code, § 3-118) Penalty, see § 115.99
§ 115.45 Transportation Restrictions For Alcoholic Beverages
It is unlawful to transport any alcoholic beverage, unless the same is:
(A) In an unopened, original container with seal unbroken and the original cap or cork not removed from the container; or
(B) In the trunk or other closed compartment or container out of public view and out of the reach of and not accessible to the driver or any occupant of the vehicle.
(Prior Code, § 3-115) Penalty, see § 115.99
§ 115.99 Penalty
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
(B) (1) Any person who violates any of the provisions of § 115.01 of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99(A) of this code.
(2) In addition thereto, any person convicted of a violation may be enjoined from continuing the violation.
(Prior Code, § 8-201)
(C) Any person who violates any of the provisions of §§ 115.01, 115.15 or 115.16 of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99(A) of this code.
(Prior Code, § 8-204)
(D) (1) (a) Except as to violations covered by 21 O.S. §§ 2100, 2100.1 and 2100.2, as annotated, any person or entity violating the provisions of §§ 115.30 through 115.45 of this chapter shall be guilty of a fine of $200.
(b) Any person or entity violating the provisions of 21 O.S. §§ 2100, 2100.1 and 2100.2, as annotated, as per §§ 115.30 through 115.45 of this chapter, shall be guilty of a fine not exceeding $1,000 for each such occurrence or for imprisonment up to two and one-half years.
(c) In addition to the civil fines established in division (D), three or more violations of §§ 115.30 through 115.45 of this chapter by a person or entity that owns, manages, operates or otherwise controls a place of business in the town shall be a reason for, and may result in, the suspension or revocation of any business license issued for the premises on which the infractions occurred.
(Prior Code, § 3-120)
(2) Any person who engages in any of the occupations taxed by §§ 115.30 through 115.45 of this chapter without first paying the occupation tax imposed therefor in advance of such operation is guilty of an offense against the town, and upon conviction thereof, shall be punished as provided in § 10.99(A) of this code. A penalty in the form of increased tax may be levied upon any person not paying the tax within 15 days after it is due.
(Prior Code, § 3-105)
(3) All sums due from any person, firm or corporation by reason of occupation taxes imposed by §§ 115.30 through 115.45 of this chapter shall be recoverable at the suit of the town brought against such person in any court of competent jurisdiction. In such suit, in addition to the tax, the town shall be allowed to recover interest at the maximum allowable rate permitted by state law upon all sums due by way of tax from the date of accrual thereof, any penalty and all costs of collection, judicial or otherwise, including reasonable attorney fees. Prosecution for an offense against the town arising out of the failure to pay a tax levied by §§ 115.30 through 115.45 of this chapter, regardless of the outcome or its continued pendency, shall not constitute a defense or a bar in any manner to the collection of any tax and penalties, if any are due, as herein provided.
(Prior Code, § 3-106)
(4) A violation of § 115.38 of this chapter shall subject the owner or proprietor, as well as the underage person, to prosecution.