Okla. Admin. Code § 120:10-5-12.1

Current through Vol. 42, No. 4, November 1, 2024

Section 120:10-5-12.1 - Alcoholic Beverage Consumption Overlay Zoning District

(a)Intent. It is the intent of this Section to provide for compatibility between establishments which serve alcohol and surrounding zoning districts by using overlay zoning techniques. Off-street parking shall be in accordance with Subchapter 7 of this Chapter and advertising signage shall be in accordance with Subchapter 15 and the Signage Table (Appendix D) of this Chapter. Any such overlay zoning as approved shall not be considered permanent or transferable to subsequent property owners. An overlay classification's validity shall automatically cease upon the legal transfer of said property from the original overlay applicant to any other person.

(b)ABC-1, Alcoholic Beverage Consumption, Restaurant-with-Limited Alcohol.

(1)General description. The Alcoholic Beverage Consumption, Restaurant-with-Limited-Alcohol (ABC-1) is an overlay zoning district allowing for restaurants which serve beer and wine with meals.

(2) Application. The following zoning districts may be overlain by the ABC-1, District:

(A) CN, Neighborhood Commercial District.

(B) CHC, Health Center Commercial District.

(C) CSC, Commercial Service Center District.

(c)ABC-2, Alcoholic Beverage Consumption, Restaurant-with-Alcohol.

(1)General description. The Alcoholic Beverage Consumption, Restaurant-with-Alcohol (ABC-2) is an overlay zoning district allowing for restaurants which serve all types of alcohol with meals.

(2)Application. The following zoning districts may be overlain by the ABC-2 District:

(A) CN, Neighborhood Commercial District.

(B) CHC, Health Center Commercial District.

(C) CSC, Commercial Service Center District.

(d)ABC-3, Alcoholic Beverage Consumption, Club-with-Alcohol.

(1)General description. The Alcoholic Beverage Consumption, Club-with-Alcohol (ABC-3) is an overlay zoning district allowing for the serving of all types of beer and alcohol in a club setting where the sale of food, if any, is an accessory activity.

(2)Application. The following zoning districts may be overlain by the ABC-3 District.

(A) CSC, Commercial Service Center District.

(B) All Industrial Zoning District.

(e)Nonconforming status.

(1) All establishments in operation prior to the effective date of this provision shall be considered legal nonconforming. If such a use was approved as a Special or Conditional Use and fails to continue operating in accordance with the approval, then the use will be considered illegal.

(2) Legal Nonconformance will cease if:

(A) The use ceases for 6 months or more;

(B) The original Special or Conditional Use Permit is revoked;

(C) The State revokes the operator's license.

Okla. Admin. Code § 120:10-5-12.1

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11