2016 Oklahoma Statutes
Title 37. Intoxicating Liquors
§37-163.27. Location of low-point beer licensee for on-premises consumption - Prohibitions - Exemptions.

37 OK Stat § 37-163.27 (2016) What's This?

A. It shall be unlawful for any place which has received a permit or which has been licensed to sell low-point beer and which has as its main purpose the selling or serving of low-point beer for consumption on the premises to be located within three hundred (300) feet of any public or private school or church property primarily and regularly used for worship services and religious activities; however, a college or university located within an improvement district created pursuant to Section 39-103.1 of Title 11 of the Oklahoma Statutes may waive the three-hundred-foot requirement by providing written notice to the establishment seeking the license and to the district court of the county in which the establishment is located during the county beverage permit application process pursuant to Section 163.11 of this title. Provided, a college or university prior to waiving the three-hundred-foot requirement found in this subsection shall publish a notice of its intention to waive such requirement in a legal newspaper of general circulation within the state at least thirty (30) days but no more than forty (40) days prior to providing any written notice, waiving the three-hundred-foot requirement, to the establishment seeking the license or to the district court of the county. As used in this subsection “legal newspaper of general circulation within this state” means a newspaper meeting the requisites of a newspaper for publication of legal notices as prescribed in Section 106 of Title 25 of the Oklahoma Statutes in a majority of the counties in this state. The distance indicated in this subsection shall be measured from the nearest property line of the public or private school or church to the nearest perimeter wall of the premises of the place which has received a permit or which has been licensed to sell low-point beer.

B. The provisions of subsection A of this section shall not apply to places which have received a permit or which have been licensed to sell low-point beer for on-premises consumption prior to July 1, 1999.

C. If any school or church shall be established within three hundred (300) feet of any place subject to the provisions of subsection A of this section after the place has received a permit or been licensed, the provisions of subsection A of this section shall not be a deterrent to the renewal of the permit or license if there has not been a lapse of more than sixty (60) days.

D. When any place subject to the provisions of subsection A of this section which has a permit or license to sell low-point beer for on-premises consumption changes ownership or the operator thereof is changed, and the change results in the same type of business being conducted on the premises, the provisions of subsection A of this section shall not be a deterrent to the issuance of a license or permit to the new owner or operator if he or she is otherwise qualified.

E. If an establishment selling low-point beer also is the holder of a mixed beverage or beer and wine license issued by the Alcoholic Beverage Laws Enforcement Commission, the establishment shall be subject to the zoning provisions of Section 518.3 of this title rather than the provisions of this section.

Added by Laws 1999, c. 391, § 3, eff. July 1, 1999. Amended by Laws 2012, c. 214, § 1.

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