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37-506.


37-506.
   
   When used in the Oklahoma Alcoholic Beverage Control Act, Section 501
   et seq. of this title, the following words and phrases shall have the
   following meaning:
   
   1. "ABLE Commission" means the Alcoholic Beverage Laws Enforcement
   Commission;
   
   2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl
   alcohol, ethanol, or spirits of wine, from whatever source or by
   whatever process produced. It does not include wood alcohol or alcohol
   which has been denatured or produced as denatured in accordance with
   Acts of Congress and regulations promulgated thereunder;
   
   3. "Alcoholic beverage" means alcohol, spirits, beer, and wine as
   those terms are defined herein 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, but does not
   include low-point beer as that term is defined in Section 163.2 of
   this title;
   
   4. "Applicant" means any individual, legal or commercial business
   entity, or any individual involved in any legal or commercial business
   entity allowed to hold any license issued in accordance with the
   Oklahoma Alcoholic Beverage Control Act;
   
   5. "Beer" means any beverage containing more than three and two-tenths
   percent (3.2%) of alcohol by weight and obtained by the alcoholic
   fermentation of an infusion or decoction of barley, or other grain,
   malt or similar products. "Beer" may or may not contain hops or other
   vegetable 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;
   
   6. "Bottle club" means any establishment in a county which has not
   authorized the retail sale of alcoholic beverages by the individual
   drink, which is required to be licensed to keep, mix, and serve
   alcoholic beverages belonging to club members on club premises;
   
   7. "Brewer" means any person who produces beer in this state;
   
   8. "Class B wholesaler" means and includes any person doing any such
   acts or carrying on any such business that would require such person
   to obtain a Class B wholesaler license hereunder;
   
   9. "Convicted" and "conviction" mean and include a finding of guilt
   resulting from a plea of guilty or nolo contendere, the decision of a
   court or magistrate or the verdict of a jury, irrespective of the
   pronouncement of judgment or the suspension thereof;
   
   10. "Director" means the Director of the Alcoholic Beverage Laws
   Enforcement Commission under the supervision of said Commission;
   
   11. "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;
   
   12. "Hotel" or "motel" shall mean an establishment which is licensed
   to sell alcoholic beverages by the individual drink and which contains
   guestroom accommodations with respect to which the predominant
   relationship existing between the occupants thereof and the owner or
   operator of the establishment is that of innkeeper and guest. For
   purposes of this section, the existence of other legal relationships
   as between some occupants and the owner or operator thereof shall be
   immaterial;
   
   13. "Legal newspaper" means a newspaper meeting the requisites of a
   newspaper for publication of legal notices as prescribed in Sections
   101 through 114 of Title 25 of the Oklahoma Statutes;
   
   14. "Licensee" means any person holding a license under the Oklahoma
   Alcoholic Beverage Control Act, and any agent, servant, or employee of
   such licensee while in the performance of any act or duty in
   connection with the licensed business or on the licensed premises;
   
   15. "Light beer" means a low-point beer controlled under this title;
   
   16. "Light wine" means any wine containing not more than fourteen
   percent (14%) alcohol measured by volume at sixty (60) degrees
   Fahrenheit;
   
   17. "Manufacturer's agent" means a salaried or commissioned salesman
   who sells to a wholesaler or Class B wholesaler only;
   
   18. "Manufacturer" means a brewer, distiller, winemaker, rectifier, or
   bottler of any alcoholic beverage;
   
   19. "Meals" means foods commonly ordered at lunch or dinner and at
   least part of which is cooked on the licensed premises and requires
   the use of dining implements for consumption. Provided, that the
   service of only food such as appetizers, sandwiches, salads or
   desserts shall not be considered "meals";
   
   20. "Mini-bar" means a closed container, either refrigerated, in whole
   or in part, or nonrefrigerated, and access to the interior of which is
   (1) restricted by means of a locking device which requires the use of
   a key, magnetic card, or similar device, or (2) controlled at all
   times by the licensee;
   
   21. "Mixed beverage cooler" means any beverage, by whatever name
   designated, consisting of an alcoholic beverage and fruit or vegetable
   juice, fruit or vegetable flavorings, dairy products or carbonated
   water containing more than one-half of one percent (1/2 of 1%) of
   alcohol measured by volume but not more than seven percent (7%)
   alcohol by volume at sixty (60) degrees Fahrenheit and which is
   packaged in a container not larger than three hundred seventy-five
   (375) milliliters. Such term shall include, but not be limited to, the
   beverage popularly known as a "wine cooler";
   
   22. "Mixed beverages" means one or more servings of a beverage
   composed in whole or part of an 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, or special event license;
   
   23. "Motion picture theater" means a place where motion pictures are
   exhibited and to which the general public is admitted, but does not
   include a place where meals, as defined by this section, are served,
   if only persons over twenty-one (21) years of age are admitted;
   
   24. "Retail salesman" means a salesman soliciting orders from and
   calling upon retail alcoholic beverage stores with regard to his or
   her product;
   
   25. "Occupation" as used in connection with "occupation tax" means the
   sites occupied as the places of business of the manufacturers,
   wholesalers, Class B wholesalers, retailers, mixed beverage licensees,
   beer and wine licensees, bottle clubs, caterers, and special event
   licensees;
   
   26. "Original package" means any container of alcoholic beverage
   filled and stamped or sealed by the manufacturer;
   
   27. "Patron" means any person, customer, or visitor who is not
   employed by a licensee or who is not a licensee;
   
   28. "Person" means an individual, any type of partnership,
   corporation, association, limited liability company or any individual
   involved in the legal structure of any such business entity;
   
   29. "Premises" means the grounds and 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. Provided that the
   ABLE Commission shall have the authority to designate areas to be
   excluded from the licensed premises solely for the purpose of:
   
   a. allowing the presence and consumption of alcoholic beverages, not
   bearing serially numbered identification stamps issued by the Oklahoma
   Tax Commission, by private parties which are closed to the general
   public, or
   
   b. allowing the services of a caterer serving alcoholic beverages
   provided by a private party.
   
   This exception shall in no way limit the licensee's concurrent
   responsibility for any violations of the Oklahoma Alcoholic Beverage
   Control Act occurring on the licensed premises;
   
   30. "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 whiskey,
   brandy, rum, gin, wine, spirits, cordials, or any other name;
   
   31. "Regulation" or "rule" means a formal rule of general application
   promulgated by the ABLE Commission as herein required;
   
   32. "Retail container for spirits and wines" means an original package
   of a capacity not less than one-twentieth (1/20) gallon specified by
   the ABLE Commission in its regulations for the alcoholic beverage
   concerned, or an original package with a capacity of less than
   one-twentieth (1/20) gallon, referred to as miniatures;
   
   33. "Retailer" means the holder of a Package Store License;
   
   34. "Sale" means any transfer, exchange or barter in any manner or by
   any means whatsoever, and includes and means all sales made by any
   person, whether as principal, proprietor or as an agent, servant or
   employee. The term "sale" is also declared to be and include the use
   or consumption in this state of any alcoholic beverage obtained within
   or imported from without this state, upon which the excise tax levied
   by the Oklahoma Alcoholic Beverage Control Act has not been paid or
   exempted;
   
   35. "Short order food" means food other than full meals including but
   not limited to sandwiches, soups, and salads. Provided that popcorn,
   chips, and other similar snack food shall not be considered "short
   order food";
   
   36. "Sparkling wine" means champagne or any artificially carbonated
   wine;
   
   37. "Spirits" means any beverage other than wine, beer or light beer,
   which contains more than one-half of one percent (1/2 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;
   
   38. "Wholesaler" means and includes any person doing any such acts or
   carrying on any such business or businesses that would require such
   person to obtain a wholesaler's license or licenses hereunder;
   
   39. "Wine" means and includes any beverage containing more than
   one-half of one percent (1/2 of 1%) alcohol by volume and not more
   than twenty-four percent (24%) alcohol 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, known as Japanese rice wine;
   
   40. "Winemaker" means any person who produces wine; and
   
   41. "Oklahoma winemaker" means a business premises in Oklahoma
   licensed pursuant to the Oklahoma Alcoholic Beverage Control Act
   wherein wine is produced by the licensee who must be a resident of the
   state. The wine product fermented in said licensed premises shall be
   of grapes, berries and other fruits and vegetables imported into this
   state and processed herein or shall be of grapes, berries and other
   fruits and vegetables grown in Oklahoma.
   
   Words in the plural include the singular, and vice versa, and words
   imparting the masculine gender include the feminine, as well as
   persons and licensees as defined in this section.
   

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