SECTION 45:10-3-32. Prohibited locations

(a)   No mixed beverage establishment, beer and wine establishment, or bottle club which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises shall 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. The distance between the establishment and the school or church shall be measured in a straight line from the nearest property line of the school or church to the nearest perimeter wall of the licensed premises of the establishment. If it is not possible to make a direct measurement because of obstructions or other hindrances, the measurement may be made by any reasonable method. The provisions of this section shall not prohibit the operation, or the renewal of a license, or a change of owner or operator of an establishment which was licensed to operate at an otherwise prohibited location on July 1, 1999, provided that the license has not lapsed for a period of more than sixty (60) days, the establishment has not changed locations, and the change in owner or operator results in the same type of business being conducted on the premises.

(b)   If a new or relocating establishment, which claims that its main purpose is something other than the sale of alcoholic beverages, applies to be licensed at an otherwise prohibited location, the establishment shall have the burden of demonstrating that its claimed main purpose is reasonable considering its facilities, equipment and location and that the business would otherwise qualify for a separate or enclosed lounge or bar area under the provisions of 45:10-3-31 of the Rules and Regulations of the ABLE Commission. A new or relocating establishment which reasonably demonstrates that its main purpose is something other then the sale of alcoholic beverages may receive a license to operate for a period of ninety (90) days. At the end of the ninety (90) day period, the establishment shall have the burden of showing, by records as specified by the ABLE Commission, that the main purpose of the business continues to be something other than the sale of alcoholic beverages. If the establishment fails to demonstrate that its main purpose is something other than the sale of alcoholic beverages, the business shall immediately stop selling alcoholic beverages and its license shall be surrendered. Failure to surrender the license shall result in revocation and the inability to hold an alcoholic beverage license for one (1) year.

[Source: Added at 16 Ok Reg 3607, eff 8-25-99 (emergency); Added at 17 Ok Reg 2273, eff 6-26-00; Amended at 35 Ok Reg 801, eff 10-1-18]