When used in this Code, words and phrases shall have the meaning as defined pursuant to the Oklahoma Alcoholic Beverage Control Act, 37A O.S. § 1-101 et seq., as enacted and as may be amended from time to time.

(Ord. No. 1172, § 2, 9-4-2018)

(a)

It shall be unlawful for any mixed beverage establishment, beer and wine establishment, or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities. The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club, or retail package store which has been licensed to sell alcoholic beverages.

(b)

The provisions of subsection (a) shall not apply to mixed beverage establishments, beer and wine establishments, or bottle clubs, which have been licensed to sell alcoholic beverages for on-premises consumption or retail package stores prior to the effective date of this section; provided, if at the time of application for license renewal the licensed location has not been in actual operation for a continuous period of more than 60 days, the provisions of subsection (a) shall apply.

(c)

If any school or church shall be established within 300 feet of any retail package store, mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section after such retail package store, mixed beverage establishment, beer and wine establishment or bottle club has been licensed, the provisions of subsection (a) shall not be a deterrent to the renewal of such license if there has not been a lapse of more than 60 days. When any mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section which has a license to sell alcoholic beverages for on-premises consumption or retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provision of this section shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Location of licensed mixed beverage establishment, beer and wine establishment, or bottle club - protest of application for or granting of license drinking in public, 37A O.S. § 2-139.

(a)

The community development director is hereby delegated the authority to issue conditional certifications, certificates of zoning, certificates of compliance and non-compliance notices required by title 37 of the Oklahoma Statutes.

(b)

An applicant for a license provided for in the Oklahoma Alcoholic Beverage Control Act shall request that a certificate of zoning be issued by the city certifying that the applicant's proposed location and use thereof comply with all municipal zoning ordinances.

(c)

An applicant for a license provided for in the Oklahoma Alcoholic Beverage Control Act shall request that a certificate be issued by the city certifying that the applicant's existing or proposed operations under the license comply with all city fire, building and all other codes relating to health and safety, as applicable.

(d)

Applications for such certificates shall be in writing on forms prescribed by the community development director and shall contain information in such detail as the community development director may reasonably require describing the location and nature of operations to be conducted at the premises.

(e)

The community development director shall act on all applications for such certificates within 20 days of receipt of the completed written application.

(f)

A conditional certificate for premises proposed for licensed operations for which construction, modification or alteration is not completed may be issued by the community development director. Conditional certificates shall indicate that the proposed premises will comply with the city zoning, fire, building and all other codes relating to health and safety, as applicable. The granting of conditional certificates shall not relieve the applicant of the duty of obtaining the certificates required by subparagraphs (b) and (c) of this section after completion of the construction, modification, or alteration. If a conditional certificate is issued, the certificates required by paragraphs (b) and (c) of this section shall be issued within ten days after all final inspections are completed.

(g)

An applicant's proposed location and use thereof shall be in conformance with the laws of the State of Oklahoma and with the ordinances of the City of Mustang and shall pass all necessary fire, building and all other code inspections or no certificate of compliance shall issue. If a licensee fails to maintain compliance with city ordinances and codes, the community development director shall forthwith notify the ABLE commission in writing setting forth details of the noncompliance.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Application for original brewer, distiller, winemaker, rectifier, wine and spirits wholesaler, beer distributor, mixed beverage, beer and wine, bottle club, caterer, retail spirits, retail wine, or retail beer licenses - notice of intention - conditional approval - final notice of approval, 37A O.S. § 2-141; applications for licenses - required documents - city and county conditional certificates - failure to timely renew, 37A O.S. § 2-142.

All licenses issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be displayed in a conspicuous place at all times on the licensed premises. No licensee may consent to or allow the use or display of the license by a person other than the person to whom the license was issued. No person may use a license or exercise any privileges granted by the license except at the place, address, premises or location for which the license is issued, except as otherwise provided by the Oklahoma Alcoholic Beverage Control Act.

State Law reference— Display of license required - suspension or revocation of mixed beverage, caterer, public event, or bottle club license revokes all other licenses for same premises, 37A O.S. § 2-154.

(Ord. No. 1172, § 2, 9-4-2018)

The city clerk shall furnish any information or reports required or requested by the ABLE commission in the form, manner and time as may be determined by the commission, except as otherwise provided in this chapter.

(Ord. No. 1172, § 2, 9-4-2018)

City of Mustang police officers and municipal attorneys shall diligently enforce all provisions of the Oklahoma Alcoholic Beverage Control Act. In addition to penalties provided under state law, failure or refusal to perform any duty required by the Oklahoma Alcoholic Beverage Control Act may result in the removal of said personnel.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Duty and authority to diligently enforce the Oklahoma Alcoholic Beverage Control Act, 37A O.S. § 4-106.

Any person who shall violate any provision of this chapter 6 for which no specific penalty is prescribed shall be guilty of an offense and be fined not more than $500.00, or imprisoned for not more than 60 days, or by both such fine and imprisonment.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Violation of the Oklahoma Alcoholic Beverage Control Act - penalties, 37A O.S. § 6-125.

(a)

There is hereby levied an annual occupation tax for the privilege of operating as a retailer, mixed beverage, beer and wine, caterer, public event or special event license, bottle club, manufacturer, wine and spirits wholesaler or beer distributor within the City of Mustang. The annual occupation tax shall be in the amount set forth in section 42-6 of this Code.

(b)

In the event a single individual or business entity makes application for or is a holder of two or more licenses for the same address, and the requirements of section 6-3 may be met without duplicate inspections or effort on the part of the city, that individual or business entity shall be liable for only the greater of the occupational taxes imposed on the holder of such licenses by section 42-6.

(c)

Except for the sale of wine or beer to the public, an applicant may pay an interim occupational tax which will allow all qualified retail wine and retail beer, beer distributors and wine and spirits wholesaler state licensees to perform all activities permissible under a full license including but not limited to purchasing, stocking and storing the wine and/or full-strength beer prior to October 1, 2018. In order to qualify for an interim occupational tax, the state licensee must satisfy all the requirements set forth in article XXVIIIA of the Oklahoma Constitution, state law and chapter 6 of this Code. After October 1, 2018, the interim occupational tax shall convert to a full occupational tax and shall be renewable annually as provided in this chapter.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Municipalities - occupational tax, 37A O.S. § 4-104.

All occupation taxes provided for in this division 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 engages in his occupation. Such records shall be duly filed and kept in the permanent files of the city for at least five years. Thereafter, upon resolution by the council, such records may be destroyed. Every person receiving such a receipt from the city clerk shall post the tax receipt in a conspicuous place in the premises wherein he carries on his occupation.

(Ord. No. 1172, § 2, 9-4-2018)

(a)

All occupation taxes levied under the provisions of this division expire on June 30 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 30 following. Such taxes paid on or before the 15th day of any month shall be on the basis of the first day of the month, and such taxes paid after the 15th day of any month shall be on the basis of the first day of the next succeeding month.

(Ord. No. 1172, § 2, 9-4-2018)

No business or occupation relating to alcoholic beverages as specifically enumerated in section 42-6 shall do business, or offer to do business, in this city until the occupation tax levied by this division has been paid in full to the city clerk, and a receipt issued therefor.

(Ord. No. 1172, § 2, 9-4-2018)

The occupational tax imposed herein shall cover only the person or entity paying the tax and shall not be refundable or transferable.

(Ord. No. 1172, § 2, 9-4-2018)

Failure to timely pay to the city any initial or renewal occupational tax as required hereunder shall constitute an offense. Each day in which such tax remains due and unpaid shall constitute a distinct and separate offense.

(Ord. No. 1172, § 2, 9-4-2018)

The city clerk shall make and transmit an annual report to the ABLE commission, covering the fiscal year, showing the number and class of licensees subject to the tax authorized by chapter 6, and the amount of money received therefrom.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Municipalities - occupational tax, 37A O.S. § 4-104.

Each retailer, mixed beverage, beer and wine, caterer, public event or special event license, bottle club, manufacturer, wine and spirits wholesaler or beer distributor shall be held responsible for any act or omission of his or her servant, agent, employee or representative in violation of any law, city ordinance or administrative rule affecting his or her license privileges.

(Ord. No. 1172, § 2, 9-4-2018)

(a)

Minors.

(1)

Any minor who shall be in the possession of any alcoholic beverage while such minor is upon any public street, road, or highway or in any public building or place shall be guilty of an offense and, upon conviction, shall be fined not more than $100.00 plus costs and fees.

(2)

Any person who shall knowingly sell, deliver or furnish alcoholic beverages to any person under 21 years of age shall be guilty of an offense and, upon conviction, shall be fined not more than $500.00 plus costs and fees, or imprisoned for a period not exceeding 60 days, or the court may impose both fine and imprisonment.

(3)

No retail spirits licensee shall permit any person under 21 years of age to enter into or remain within or about the licensed premises.

(4)

Except as otherwise provided by the Oklahoma Alcoholic Beverage Control Act, no ABLE commission licensee shall permit any person under 21 years of age to enter into, remain within or loiter about the designated lounge or bar area of the licensed premises, except for persons who incidentally pass through the designated area.

(5)

Any person under 21 years of age who shall misrepresent his or her age in writing or by presenting false documentation of age for the purpose of inducing any person to sell or serve him or her alcoholic beverages or issue him or her a bottle club membership card, or who enters or attempts to enter a package store or a separate or enclosed lounge or bar area, shall be guilty of an offense and, upon conviction, shall be fined not more than $50.00 plus costs and fees. The court may also order the department of public safety to cancel or deny the offender's privilege to operate a motor vehicle, subject to the provisions of 37A O.S. § 6-119(B).

(6)

Except as provided in subparagraphs (a)(1), (a)(2) and (a)(5), a person who shall violate the provisions of this subsection shall be guilty of an offense and, upon conviction, shall be fined not more than $500.00 plus costs and fees.

(b)

Intoxicated, insane or mentally deficient persons.

(1)

No person shall sell, deliver or knowingly furnish alcoholic beverages to a visibly intoxicated person or to an insane or mentally deficient person.

(2)

Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 plus costs and fees, or imprisonment not exceeding 30 days, or both such fine and imprisonment.

(c)

Opening or consuming beverages.

(1)

No person shall open a retail container or consume alcoholic beverages on the premises of a package store, grocery store, convenience store or drug store, unless otherwise permitted by law.

(2)

No person shall consume or possess alcoholic beverages on the licensed premises of a bottle club unless such person possesses a valid membership card for that club issued by the club.

(3)

No person shall consume wine, beer or spirits in public except on the premises of a licensee of the ABLE commission who is authorized to sell or serve spirits by the individual drink.

(4)

No ABLE commission licensee shall suffer or permit any retail container to be opened or any alcoholic beverage to be consumed on the licensed premises, unless otherwise permitted by law.

(5)

No ABLE commission licensee shall keep or knowingly permit any alcoholic beverage to be kept, brought or consumed on the licensed premises which is not allowed to be sold or served on such premises.

(6)

No ABLE commission licensee shall consume or be under the influence of alcoholic beverages during the hours he or she is on duty.

(7)

Any person who shall violate the provisions of this subsection shall be guilty of an offense and, upon conviction, shall be fined not more than $500.00 plus costs and fees.

(d)

Hours of operation.

(1)

No person shall sell or keep a package store open to sell alcoholic beverages during any day or hour not authorized by the Oklahoma Alcoholic Beverage Control Act.

(2)

No person shall sell or permit the sale of alcoholic beverages at a grocery store, convenience store or drug store during any day or hour not authorized by the Oklahoma Alcoholic Beverage Control Act.

(3)

No retail spirits licensee shall sell any alcoholic beverages at any hour other than between the hours of 8:00 a.m. and midnight Monday through Saturday, excluding Thanksgiving Day and Christmas Day.

(4)

No retail wine or retail beer licensee shall sell any beer or wine at any hour other than between the hours of 6:00 a.m. and 2:00 a.m. the following day, Monday through Sunday.

(5)

Any person who shall violate the provisions of this subsection shall be guilty of an offense and, upon conviction, shall be fined not more than $500.00 plus costs and fees, or imprisoned for a period not exceeding 60 days, or the court may impose both fine and imprisonment.

(e)

Illegal conduct.

(1)

No ABLE commission licensee shall permit any illegal gambling activity, violations of the state narcotic and dangerous drug laws, prostitution activity, or any other criminal conduct to occur on the licensed premises.

(2)

Any person who shall violate the provisions of this subsection shall be guilty of an offense and, upon conviction, shall be fined not more than $500.00 plus costs and fees.

(f)

Public intoxication.

(1)

No person shall be drunk or intoxicated from any substance in any public place.

(2)

No ABLE commission licensee shall permit any person to be drunk or intoxicated from any substance on the licensee's premises.

(3)

Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $100.00 plus costs and fees, or imprisoned for a period not exceeding 60 days, or the court may impose both fine and imprisonment.

(g)

Transportation of open containers.

(1)

Except as provided in the Oklahoma Alcoholic Beverage Control Act, no person shall knowingly transport in any vehicle upon a public highway, street or alley, any alcoholic beverage except in the original contain which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed.

(2)

Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $100.00 plus costs and fees.

(h)

Disturbing the peace.

(1)

No person shall engage in any of the following and disturb the peace of any person.

(i)

In any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor unless authorized by this act, intoxicating substance or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance.

(ii)

Be drunk or intoxicated in any public or private road, or in any passenger coach, streetcar or any public place or building, or at any public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance.

(iii)

Be drunk or intoxicated from any cause.

(2)

Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $100.00, plus costs and fees, or by imprisonment for not less than five days nor more than 30 days, or by both such fine and imprisonment.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Transporting open containers of intoxicating beverages or low point beer, exception - penalty, 21 O.S. § 1220; personal prohibited acts - violations, 37A O.S. § 6-101; licensee prohibited acts, 37A O.S. § 6-102; retail spirits licensee prohibited acts, 37A O.S. § 6-103; mixed beverage, public event, special event or on-premises beer and wine licensee prohibited acts, 37A O.S. § 6-105; bottle club licensees prohibited acts, 37A O.S. § 6-106; retail wine or retail beer licensee prohibited acts, 37A O.S. § 6-108; certain licensee prohibited acts, 37A O.S. § 6-109; separate lounge or bar area - no person under 21 allowed - admissions charges - exceptions, 37A O.S. § 6-114; penalties for false identification, 37A O.S. § 6-119; penalties for selling, furnishing, or giving an alcoholic beverage to a person under 21 years of age, 37A O.S. § 6-120; penalties for knowingly selling, furnishing, or giving an alcoholic beverage to an insane, mentally deficient or intoxicated person, 37A O.S. § 6-121; hours of operation - penalties, 37A O.S. § 6-123; permitting a person to be intoxicated on licensee's premises - penalties, 37A O.S. § 6-124; violation of the Oklahoma Alcoholic Beverage Control Act - penalties, 37A O.S. § 6-125; hours for lawful service or consumption - bottle clubs, 37A O.S. § 3-126.

(a)

Definitions. For purposes of section 6-93, the following definitions shall apply:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Wildhorse Park shall mean the Northeast Quarter (NE/4) of Section 28, Township 11 North, Ranger 5 West, I.M., Canadian County, Oklahoma, being the same land that is owned by the City of Mustang and designated as Wildhorse Park.

(b)

No person shall possess, consume or display any alcoholic beverage inside Wildhorse Park during the period beginning at 12:01 a.m. on June 27 and ending at 11:59 p.m. on July 4, in every year.

(c)

This section shall not apply to the possession, consumption or display of any alcoholic beverage at any private event held within the Mustang Town Center for which the event holder has applied for and received a permit from the city; provided, any alcoholic beverage is possessed, consumed or displayed within the premises of Mustang Town Center.

(d)

Any person who shall violate the provisions of this section shall be punished by a fine of not more than $500.00, or by imprisonment in the city jail for a period not to exceed 60 days, or by both fine and imprisonment, plus all court costs and statutory penalties.

(Ord. No. 1172, § 2, 9-4-2018)

(a)

Definitions: For purposes of this section

(1)

The term 'employee' shall mean any agent, manager, employee, entertainer, barkeeper, host, hostess, waiter, waitress or other such person employed on any contractual basis by a licensed establishment, or receiving any remuneration for services in such an establishment; and,

(2)

The term 'patron' shall mean any customer or visitor who is not employed by a licensed establishment.

(b)

No retailer, mixed beverage, beer and wine, caterer, public event or special event license, bottle club, manufacturer, wine and spirits wholesaler or beer distributor licensed pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act, or any owner, manager, employee, proprietor or any agent, associate or representative of such licensee, shall:

(1)

Permit any employee to beg, solicit, induce, procure or request a patron to purchase any alcoholic, non-intoxicating, or non-alcoholic beverage for himself or herself or for any employee or person not a patron, or

(2)

Knowingly serve to any employee any alcoholic, non-intoxicating, or non-alcoholic beverage which was purchased by any patron, or

(3)

Permit upon any licensed premises any employee to loiter on or remain on said premises who begs, solicits, induces, procures or requests a patron to purchase an alcoholic, non-intoxicating or non-alcoholic beverage for any employee, or

(4)

Solicit, induce or request a patron to purchase any alcoholic, non-intoxicating or non-alcoholic beverage for himself or herself or for any person not a patron.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Authority of municipalities to enact ordinances, 37A O.S. § 4-101.

No retailer, mixed beverage, beer and wine, caterer, public event or special event license, bottle club, manufacturer, wine and spirits wholesaler or beer distributor licensed pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act, or any owner, manager, employee, proprietor or any agent, associate or representative of such licensee, shall employ or permit any employee or other person to appear within such licensed or other establishment in the nude. The term 'nude' shall be defined with reference to 21 O.S. § 1040.52(A)(2).

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Authority of municipalities to enact ordinances, 37A O.S. § 4-101.

(a)

Definitions. For purposes of section 6-91, the following definitions shall apply:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Controlled dangerous substance shall have the meaning as defined in the Uniform Controlled Dangerous Substances Act.

Gathering is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social or commercial occasion or social activity.

Legal guardian means (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

Minor means any person under 21 years of age.

Parent means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

Person shall mean any human being the age of 16 years or older, and any bodies politic and corporate.

Premises means any residence, building, structure or room owned, leased or otherwise procured by the person and or on any land owned, occupied, leased or otherwise procured by the person.

Response costs are the costs associated with response(s) by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); and (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering.

(b)

Consumption of alcohol by minor in public place, place open to public, or place not open to public. Except as permitted by state law, it is unlawful for any minor to:

(1)

Consume at any public place or any place open to the public alcoholic beverage; or

(2)

Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.

(c)

Hosting, permitting, or allowing a party, gathering, or event where minors consuming alcoholic beverages prohibited.

(1)

Prohibitions.

a.

It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.

b.

It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor has consumed an alcoholic beverage.

c.

It is unlawful for any person to knowingly and willfully permit any minor who is an invitee to the person's premises to possess or consume any alcoholic beverage, any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, or any combination thereof, in such place.

(2)

This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.

(3)

Nothing in this section should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public then said providers of alcohol will be held responsible in the same manner as a non-family gathering.

(4)

Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcohol will be held responsible in the same manner as a non-religious gathering.

(5)

This section shall not apply to any premises licensed by the State of Oklahoma to dispense alcoholic beverages.

(6)

Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of an offense against the city and, upon conviction, shall be punished by a fine of not more than $500.00 plus costs and statutory penalties for a first offense, and a fine of not more than $750.00 plus costs and statutory penalties for a second offense within ten years after previous conviction for a violation of this section.

(7)

Reservation of legal options. Violations of subsections (d)(1)(i) and (d)(1)(ii) may be prosecuted by the City of Mustang criminally, civilly, and/or administratively as provided by the Municipal Code. The city may seek administrative fees and response costs associated with enforcement of this section through all remedies or procedures provided by statute, ordinance, or law. This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the city's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.

(8)

Local authority. This section shall not apply where prohibited or preempted by state or federal law.

(Ord. No. 1172, § 2, 9-4-2018)

State Law reference— Personal prohibited acts - violations, 37A O.S. § 6-101.