Okla. Stat. tit. 37A, § 37A-2-141 — OK Code / Title 37A / Section 37A-2-141
Applicants for certain licenses to publish a notice of
Status: in_force

intention to apply.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 70

Applicants 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 shall, prior to applying for such license,

twice publish, in such form and containing such information as the

ABLE Commission shall by rule prescribe, a notice of its intention

to apply for any such license, once a week for two (2) successive

weeks in a legal newspaper of general circulation within the county

where the proposed premises is to be located, and file proof of such

publication with the ABLE Commission. Unless otherwise provided,

the ABLE Commission shall give notice of approval or disapproval of

an application for a license within thirty (30) days after the

filing of the application. The ABLE Commission shall give notice of

approval or disapproval of an application for a mixed beverage, beer

and wine, bottle club or caterer license within sixty (60) days

after the filing of the application. Provided, the ABLE Commission

may extend the period for making a determination of whether to

approve or disapprove an application an additional thirty (30) days

for good cause. The ABLE Commission may conditionally approve any

application which is subject to Section 54 of this act if:

1. Construction, modification or alteration of premises

proposed for licensed operations is not completed; and

2. The applicant furnishes a conditional certification issued

by the municipality or county that the applicant's plans and

specifications indicate that the proposed premises will comply with

the municipality's or county's zoning, fire, safety and health

codes.

The ABLE Commission shall issue its final notice of approval

when the applicant furnishes final certificates required by Section

54 of this act.
Okla. Stat. tit. 37A, § 37A-2-102 — OK Code / Title 37A / Section 37A-2-102
Brewer license - Small brewer license - Small brewer
Status: in_force

self-distribution license.

A. A brewer license shall authorize the holder thereof:

1. To manufacture, bottle, package and store beer and cider on

the licensed premises; and

2. To sell beer and cider in this state to holders of beer

distributor licenses and to sell beer and cider out of this state to

qualified persons.

B. A small brewer license shall authorize the holder thereof:

1. To manufacture, bottle, package and store beer and cider

produced by the licensee on licensed premises;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 30

2. To sell beer and cider in this state to holders of beer

distributor licenses and retail licenses or to sell beer and cider

out of this state to qualified persons;

3. To serve free samples of beer and cider produced by the

licensee to visitors twenty-one (21) years of age or older;

4. To sell beer and cider produced by the licensee for either

on-premises or off-premises consumption to consumers on the brewery

premises, or on premises located contiguous thereto;

5. To sell beer and cider at events attended by the public

including, but not limited to, trade shows, festivals, farmers

markets, boat shows, RV shows, home and garden shows, fairs, car

shows, swap meets, city events, county events, or state events for

either on-premises or off-premises consumption, regardless of

whether such events are held at premises covered by a license to

sell, serve, or store alcoholic beverages. A small brewer license

holder shall not be required to secure or control the premises of an

event attended by the public where the small brewer license holder

sells beer or cider;

6. To purchase wine in retail containers from the holder of a

wholesaler license or as specifically provided by law;

7. To sell, offer for sale and possess wine for on-premises

consumption;

8. To host off-site events pursuant to Section 1 of this act;

and

9. To purchase from licensed brewers, small brewers, and

brewpubs in this state, and to import beer into this state for use

in manufacturing in accordance with federal laws and regulations.

C. The holder of multiple small brewer licenses may sell beer

and cider produced at up to three breweries for which the licensee

has a license, at any other of such three licensed breweries or on

premises located contiguous thereto.

D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall

prohibit the holder of a small brewer license from also holding or

owning an interest in the holder of a brewpub license.

E. For purposes of this section, no visitor may sample more

than a total of twelve (12) fluid ounces of beer and cider per day.

The brewer must restrict the distribution of beer and cider samples

to an area within the licensed premises as defined in this

subsection. A current floor plan that includes the designated

serving area must be on file with the ABLE Commission. No visitor

under twenty-one (21) years of age shall be permitted to enter this

designated serving area. Accompanied visitors under twenty-one (21)

years of age shall be allowed anywhere on the premises except for a

serving area. Samples of beer and cider served by a brewery under

this section shall not be considered a sale of beer and cider within

the meaning of Article XXVIII-A of the Oklahoma Constitution or

Section 1-103 of this title; however, such samples of beer and cider

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 31

shall be considered beer and cider removed or withdrawn from the

brewery for use or consumption within the meaning of Section 5-110

of this title for excise tax determination and reporting

requirements. Sales and sampling may only occur between the hours

of 10:00 a.m. and 2:00 a.m. For purposes of this subsection,

“serving area” means the area of the bar where drinks are sold,

prepared, and served to paying customers and shall not include other

areas of the brewery where customers consume purchased products.

F. A small brewer self-distribution license shall authorize

holders of a small brewer license to distribute beer and cider

produced only by such licensee to a holder of a retail beer license,

retail spirits license, mixed beverage license, beer and wine

license, caterer’s license, special event license, public event

license, charitable auction license or brewpub license. A small

brewer shall elect whether it will distribute through a distributor

or self-distribute in a subject territory; however, a small brewer

may not elect to do both simultaneously in a subject territory. The

election shall be made through notice to the ABLE Commission. Any

changes to the election shall require immediate notification to the

ABLE Commission before the change in election will take effect. A

small brewer that elects to self-distribute in multiple territories

shall only be required to have one small brewer self-distribution

license.

G. All manufacturer’s licenses held by brewers during the first

calendar year beginning October 1, 2018, shall automatically convert

to brewer licenses and be deemed effective as of the date of the

first issuance of the manufacturer’s license. Upon the first

renewal of the license, the brewer will need to obtain the

appropriate brewer’s license. If a brewer elects to market wine and

spirits, the brewer will also be required to obtain a manufacturer’s

license and comply with the rules and regulations for both licenses.
Okla. Stat. tit. 37A, § 37A-2-140 — OK Code / Title 37A / Section 37A-2-140
Personal use permit
Status: in_force

The ABLE Commission is authorized to issue, upon application of

a person who is twenty-one (21) years of age or older, an annual

personal use permit which when granted authorizes the holder thereof

to make, store, possess and transport for personal use, beer,

fermented non-distilled ciders and wine, as defined by Section 3 of

this act. The total volume of each authorized beverage made and

possessed for personal use in a given calendar year shall be limited

to a volume less than two hundred (200) gallons. The term "personal

use", as used in this act, means the individual making beverages

pursuant to a valid personal use permit issued by the ABLE

Commission produces such beverages solely for his or her use and

consumption, for consumption by his or her family and guests, and

for transport to and use at organized affairs, exhibitions or

competitions, including but not limited to homemaker contests,

tastings or judgings. No beverage made pursuant to a personal use

permit shall be sold or offered for sale.
Okla. Stat. tit. 37A, § 37A-2-162 — OK Code / Title 37A / Section 37A-2-162
Off-site event license – Application
Status: in_force

A. A brewer, small brewer, or small farm winery licensee shall

be authorized to host an off-site event following the submission and

approval of an application to the ABLE Commission. The licensee

shall only be authorized to sell for consumption at the off-site

event alcoholic beverages authorized for sale under the licensee’s

respective license. The licensee shall be limited to hosting four

(4) off-site events per year.

B. The application shall include, but not be limited to, the

location of the off-site event with a designated area within the

location designed to provide an exclusive space which may be limited

to the public and a designated point of access for a patron or

patrons specifically granted access to ensure that persons present

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 94

in the designated area are above twenty-one (21) years of age. The

Commission may prescribe a filing fee for each off-site event

application not to exceed Twenty-five Dollars ($25.00).

C. The ABLE Commission shall promulgate rules necessary for the

implementation of this section.
Okla. Stat. tit. 37A, § 37A-5-132.1 — OK Code / Title 37A / Section 37A-5-132.1
Charitable collaboration beer – Transfer of alcohol
Status: in_force

products between breweries without taxation.

For purposes of an approved charitable collaboration beer as

authorized in Section 3 of this act, the production of wort and non-

retail packaged alcohol products necessary for the development,

mixing, fermentation, brewing, storage or retail packaging, in whole

or any part thereof, shall be allowed to be transferred-in-bond

without taxation between charitable collaborating breweries licensed

in this state; provided, all such transfers are made in accordance

with applicable federal law and regulations, and, provided further,

all such products containing alcohol shall bear the specific license

number for the approved charitable collaboration brewery. The

Oklahoma Tax Commission shall abate taxes upon notice and

application and only until the charitable collaboration beer is

packaged for purposes of distribution as may be divided, in whole or

any part thereof, between the licensed collaborating breweries.

For purposes of this section, "transfer-in-bond" means the

movement of alcohol or products containing any percentage of alcohol

between licensed bonded brewery facilities without payment of tax.

The Tax Commission and the ABLE Commission may conduct such

inspections and audits necessary to maintain strict compliance and

record keeping during the development, mixing, fermentation,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 170

brewing, storage or retail packaging, in whole or any part thereof,

of an approved charitable collaboration beer. The Tax Commission

shall promulgate rules and forms to exempt and allow transfer-in-

bond in accordance with the provisions of this act and ABLE

Commission rules.
Okla. Stat. tit. 37A, § 37A-3-102 — OK Code / Title 37A / Section 37A-3-102
Commission authority to promulgate rules
Status: in_force

The ABLE Commission is authorized to promulgate such rules with

respect to packaging, marking, branding and labeling of alcoholic

beverages sold or possessed for sale within this state, including

such rules:

1. As will prohibit deception of the consumer with respect to

such products or the quantity thereof and as will prohibit,

irrespective of falsity, such statement relating to age,

manufacturing processes, analyses, guarantees, and scientific or

irrelevant matter as the ABLE Commission finds likely to mislead or

confuse the consumer;

2. As will provide the consumer with adequate information as to

the identity and quality of the products, the net contents of the

package, and the manufacturer, brewer or importer of the product;

and

3. As will prohibit statements on the label that are false,

misleading, obscene or indecent.

The ABLE Commission may promulgate, in whole or in part, or with

such modification as it deems desirable, rules of the federal

government relating to labeling of distilled spirits promulgated

under the Federal Alcohol Administration Act (27 U.S.C. 205).
Okla. Stat. tit. 37A, § 37A-2-134 — OK Code / Title 37A / Section 37A-2-134
Additional hours license
Status: in_force

The ABLE Commission may issue an additional hours license to the

holder of a caterer, public event or special event license. The

additional hours license shall authorize the holder thereof to sell,

dispense or serve alcoholic beverages from 6:00 a.m. to 10:00 a.m.
Okla. Stat. tit. 37, § 37-603 — OK Code / Title 37 / Section 37-603
Renumbered as § 1-229.29 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 190, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-5-103 — OK Code / Title 37A / Section 37A-5-103
Excise tax exemptions
Status: in_force

A. The excise tax levied by Section 104 of this act shall not

apply to:

1. Alcohol used exclusively for industrial purposes by the

holder of an industrial license;

2. Alcohol lawfully withdrawn and used free of tax under a tax-

free permit issued by the United States government;

3. Alcoholic beverages used exclusively by licensed physicians

and dentists in the bona fide practice of their professions or by

licensed pharmacists in compounding prescriptions;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 147

4. Beer, cider and wine made for personal use pursuant to a

personal use permit issued as provided in Section 70 of this act;

5. Wine used exclusively for sacramental purposes in bona fide

religious ceremonies;

6. Alcoholic beverages, not exceeding one (1) liter, imported

into this state by the possessor for his or her own personal use;

7. Alcoholic beverages provided to attendees, free of charge,

at charitable events licensed and approved by the ABLE Commission;

and

8. Mixed beverage and public event licensees which utilize the

services of a licensed caterer.

B. As a condition precedent to the allowance of any exemption

authorized by subsection A of this section:

1. If a license or permit is required by the Oklahoma Alcoholic

Beverage Control Act, for such use, the person claiming any such

exemption must have obtained from the ABLE Commission the license or

permit authorizing such exempt use; and

2. There must be furnished such proof of the exclusive use for

such exempt purposes as the Oklahoma Tax Commission may require.
Okla. Stat. tit. 37A, § 37A-6-102.1 — OK Code / Title 37A / Section 37A-6-102.1
Serving of tasting flights
Status: in_force

Notwithstanding Section 6-102 of this title, which limits a

licensee to serving not more than two drinks to one person at one

time, however a licensee may serve and deliver tasting flights.

For purposes of this section, a "tasting flight" means several

samples of various beers, wines, spirits, mixed beverages, or

cocktails, as defined in Section 7-102 of this title, served at one

time to one person by the licensee who is authorized to sell and

serve beer, wine or spirits; provided, the serving is within the

size limitations stated below:

1. A beer tasting flight shall be not more than four separate

individual beers of not more than five (5) ounces each, served

together at one time;

2. A wine tasting flight shall be not more than four separate

individual wines of not more than one and one-half (1.5) ounces

each, served together at one time;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 183

3. A spirit tasting flight shall be not more than four separate

individual spirits of not more than one-half (0.5) ounce each,

served together at one time; and

4. A mixed beverage or cocktail tasting flight shall be not

more than four separate individual mixed beverages or cocktails

consisting of not more than five (5) ounces of beer, one and one-

half (1.5) ounces of wine, or one-half (0.5) ounce of spirits, to be

combined with an unlimited amount of ingredients that are

nonalcoholic in nature, served together at one time.

A tasting flight shall not be free samples, but shall be

considered a single drink.
Okla. Stat. tit. 37A, § 37A-6-103 — OK Code / Title 37A / Section 37A-6-103
Prohibited acts of retail spirits licensees
Status: in_force

A. No retail spirits licensee shall:

1. Purchase or receive any alcoholic beverage other than from a

wine and spirits wholesaler, beer distributor, winery or small

brewer self-distribution licensee who elects to self-distribute;

2. Suffer or permit any retail container to be opened, or any

alcoholic beverage to be consumed on the licensed premises, except

when serving samples as authorized by Section 2-109 of this title or

otherwise permitted by law; provided, the licensee shall not permit

any alcoholic beverage content or retail container unsealed in

connection with sampling authorized by Section 2-109 of this title

to remain on the licensed premises at the close of business on that

day, excluding spirits;

3. Sell any alcoholic beverages at any hour other than between

the hours of 8:00 a.m. and midnight Monday through Saturday, and

shall not be permitted to be open on Thanksgiving Day or Christmas

Day; provided, a county may, pursuant to the provisions of

subsections B and C of Section 3-124 of this title, elect to allow

such sales between the hours of noon and midnight on Sunday. Retail

spirits licensees shall be permitted to sell alcoholic beverages on

the day of any General, Primary, Runoff Primary or Special Election

whether on a national, state, county or city election, provided that

the election day does not occur on any day on which such sales are

otherwise prohibited by law;

4. Sell spirits in a city or town, unless such city or town has

a population in excess of two hundred (200) according to the latest

Federal Decennial Census;

5. Sell any alcoholic beverage on credit; provided, that

acceptance by a licensee of a cash or debit card or a nationally

recognized credit card in lieu of actual cash payment does not

constitute the extension of credit; provided, further, as used in

this section:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 184

a. “cash or debit card” means any instrument or device

whether known as a debit card or by any other name,

issued with or without fee by an issuer for the use of

the cardholder in depositing, obtaining or

transferring funds from a consumer banking electronic

facility, and

b. “nationally recognized credit card” means any

instrument or device, whether known as a credit card,

credit plate, charge plate or by any other name,

issued with or without fee by an issuer for the use of

the cardholder in obtaining money, goods, services or

anything else of value on credit which is accepted by

over one hundred retail locations;

6. Offer or furnish any prize, premium, gift or similar

inducement to a consumer in connection with the sale of alcoholic

beverages, except that goods or merchandise included by the

manufacturer in packaging with alcoholic beverages or for packaging

with alcoholic beverages shall not be included in this prohibition,

but no wholesaler or retailer shall sell any alcoholic beverage

prepackaged with other goods or merchandise at a price which is

greater than the price at which the alcoholic beverage alone is

sold; provided, it shall not be considered inducement or a premium

for a retail spirits licensee to have an advertised price posted

higher online than the shelf price on the licensed premises; or

7. Pay for alcoholic beverages by a check or draft which is

dishonored by the drawee when presented to such drawee for payment;

and the ABLE Commission may cancel or suspend the license of any

retailer who has given a check or draft, as maker or endorser, which

is so dishonored upon presentation.

B. No retail spirits licensee shall permit any person under

twenty-one (21) years of age to enter into or remain within or about

the licensed premises unless accompanied by the person’s parent or

legal guardian; provided, however, this restriction shall not apply

to an employee of a licensed beer distributor or wine and spirits

wholesaler who:

1. Is at least eighteen (18) years of age;

2. Is accompanied by a coworker at least twenty-one (21) years

of age; and

3. Enters for the sole purpose of merchandising or delivering

product to the licensee in the normal course of business.
Okla. Stat. tit. 37A, § 37A-3-126 — OK Code / Title 37A / Section 37A-3-126
Bottle clubs - Restrictions on hours to dispense, serve
Status: in_force

or consume alcoholic beverages.

No alcoholic beverages may be dispensed, served or consumed on

the premise of a bottle club licensee between the hours of 2:00 a.m.

and 10:00 a.m.
Okla. Stat. tit. 37A, § 37A-5-136 — OK Code / Title 37A / Section 37A-5-136
Tax discount for mixed beverage tax permit holders
Status: in_force

The mixed beverage tax permit holder or taxpayer may retain one

percent (1%) of the tax due and timely reported and paid, in

accordance with the provisions of Section 138 of this act, as

remuneration for establishing and maintaining the records required

by the Oklahoma Alcoholic Beverage Control Act. If such tax becomes

delinquent, such taxpayer forfeits his or her claim to the one

percent (1%) discount.
Okla. Stat. tit. 37, § 37-602 — OK Code / Title 37 / Section 37-602
Renumbered as § 1-229.28 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 189, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-1-105 — OK Code / Title 37A / Section 37A-1-105
Commission member qualifications – Organization
Status: in_force

A. Members of the ABLE Commission shall:

1. Be citizens of the United States;

2. Be qualified electors in this state;

3. Have been residents of this state for at least ten (10)

consecutive years immediately preceding the date of their

appointment and qualification; and

4. Be persons of outstanding character, experienced, efficient

and successful in business affairs and of good reputation in their

communities.

B. Members shall execute the loyalty oath required by law for

elected state officials before assuming the duties of their office.

C. No person shall be appointed who:

1. Has been convicted of, or shall have pleaded guilty to, a

felony or any violation of any federal or state law concerning the

manufacture or sale of alcoholic beverages or cereal malt beverages

prior or subsequent to the passage of the Oklahoma Alcoholic

Beverage Control Act;

2. Has paid a fine or penalty in settlement in any prosecution

against the person in any violation of such laws; or

3. Shall have forfeited a bond to appear in court to answer

charges for any such violation.

D. No appointee shall serve if the appointee or any person

related to the appointee in the third degree by consanguinity or

affinity is an officer, director, employee or stockholder in any

corporation or partnership which has as its business the

manufacture, sale or distribution of an alcoholic beverage.

E. No member of the ABLE Commission shall own, mortgage or

lease any retail or wholesale store or warehouse, any establishment

selling alcoholic beverages by the individual drink for on-premises

consumption, any establishment operated by a caterer who provides

alcoholic beverages by the individual drink pursuant to a caterer's

license or any bottle club as provided in the alcoholic beverage

control laws of this state.

F. The provisions of the Oklahoma Alcoholic Beverage Control

Act shall not prevent any member of the ABLE Commission from

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 17

purchasing and possessing, for personal use or use by the members of

the member's family or any guests, any alcoholic beverage which may

be purchased or kept by any person by virtue of the provisions of

the Oklahoma Alcoholic Beverage Control Act.

G. In order to establish the qualifications of members of the

ABLE Commission, a national criminal history record check as defined

in Section 150.9 of Title 74 of the Oklahoma Statutes shall be

required for each member.

H. A majority of the members of the ABLE Commission shall

constitute a quorum to transact business, but no vacancy shall

impair the right of the remaining members to exercise all of the

powers of the Commission, and every act of a majority of the members

shall be deemed to be the act of the ABLE Commission. The ABLE

Commission shall appoint the Director as secretary who shall keep a

record of all proceedings and official acts of the Commission and

who shall be the custodian of all records and perform such other

duties as the ABLE Commission shall prescribe.

I. Each member of the ABLE Commission shall receive

reimbursement for travel expenses incurred in attending meetings as

provided for in the State Travel Reimbursement Act.

J. The office of the ABLE Commission shall be in Oklahoma City

in office space provided by the Office of Management and Enterprise

Services. All meetings of the ABLE Commission shall be open to the

public and all records of the ABLE Commission shall be public

records and open for public inspection. The ABLE Commission shall

hold regular meetings at least once a month and may hold such

special meetings as it deems necessary at any time and at any place

within the state.

K. The ABLE Commission, for authentication of its records,

process and proceedings, may adopt, keep and use a common seal, of

which seal judicial notice shall be taken in all the courts of the

state. Any process, notice or other paper which the ABLE Commission

may be authorized by law to issue shall be deemed sufficient if

signed by the secretary of the ABLE Commission and authenticated by

such seal. All acts, orders, proceedings, rules, regulations,

entries, minutes and other records of the ABLE Commission, and all

reports and documents filed with the ABLE Commission may be proved

in any court of this state by copy thereof certified by the

secretary of the ABLE Commission with the seal of the ABLE

Commission attached.

L. The ABLE Commission shall not adopt or promulgate any rule

or regulation inconsistent with the provisions of the Oklahoma

Alcoholic Beverage Control Act or any law of this state.
Okla. Stat. tit. 37A, § 37A-5-134 — OK Code / Title 37A / Section 37A-5-134
Mixed beverage, beer and wine, caterer, public event or
Status: in_force

special event license holders - Bond required for gross receipts tax

liability.

A. Every holder of a mixed beverage, beer and wine, caterer,

public event or special event license issued by the ABLE Commission,

as a condition precedent to the issuance of a mixed beverage tax

permit, shall furnish to the Oklahoma Tax Commission a bond from a

surety company chartered or authorized to do business in this state,

cash bond, certificates of deposits, certificates of savings or U.S.

Treasury bond, or an assignment of negotiable stocks or bonds, as

the Tax Commission may deem necessary to secure payment of the gross

receipts tax levied upon gross receipts of the licensees.

B. Any surety bond furnished under this section shall be a

continuing instrument and shall constitute a new and separate

obligation in the sum stated therein for each calendar year or a

portion thereof while such bond is in force. Such bond shall remain

in effect until the surety or sureties are released and discharged

by the Tax Commission.

C. The Tax Commission, or its duly authorized agent, shall fix

the amount of such bond or other security for each licensee for each

place of business after considering the estimated gross receipts tax

liability of such licensee. Such bond shall be no less than an

amount equal to the average estimated quarterly gross receipts tax

liability and no greater than an amount equal to three times the

amount of the average estimated quarterly gross receipts tax

liability. The minimum bond required for a new permit holder shall

be not less than One Thousand Five Hundred Dollars ($1,500.00).

D. Notwithstanding the provisions of subsection C of this

section, if the permit holder has held the permit for at least four

(4) years and is not delinquent in the payment of mixed beverage

taxes, the Tax Commission shall not require any increase in the bond

so long as the permit holder remains current in the payment of such

taxes.

E. Any bond or other security shall be such as will protect

this state against failure of the taxpayer or licensee to pay the

tax levied by Section 108 of this act. The forfeiture or

cancellation of such bond or security, for any reason whatsoever,

shall automatically revoke the mixed beverage tax permit issued

pursuant to the provisions of the Oklahoma Alcoholic Beverage

Control Act.
Okla. Stat. tit. 37A, § 37A-2-119 — OK Code / Title 37A / Section 37A-2-119
Airline/railroad/commercial passenger vessel beverage
Status: in_force

license - Qualifying licensee.

An airline/railroad/commercial passenger vessel beverage license

may be issued to any corporation operating a commercial airline,

vessel or railroad in or through this state. Application and

payment of the license fee shall be made directly to the ABLE

Commission.
Okla. Stat. tit. 37A, § 37A-6-108 — OK Code / Title 37A / Section 37A-6-108
Prohibited acts of holders of retail wine or retail
Status: in_force

beer licenses.

No holder of a Retail Wine License or a Retail Beer License

shall:

1. Purchase or receive any alcoholic beverage other than from a

wine and spirits wholesaler, beer distributor, winery or small

brewer self-distribution licensee;

2. Suffer or permit any retail container to be opened, or any

alcoholic beverage to be consumed on the licensed premises, except

when serving samples as authorized by Section 2-109 of this title or

as otherwise permitted by law; provided, the licensee shall not

permit any alcoholic beverages content or retail container unsealed

in connection with sampling authorized by Section 2-109 of this

title to remain on the licensed premises at the close of the

business on that day;

3. 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. Retail wine and retail beer licensees shall be permitted to

sell beer and wine on the day of any General, Primary, Runoff

Primary or Special Election whether on a national, state, county or

city election;

4. Sell any beer and wine on credit; except as follows:

a. the acceptance by a grocery store, convenience store

or drug store of a cash or debit card, or a nationally

recognized credit card, in lieu of actual cash payment

does not constitute the extension of credit; provided,

further, as used in this section:

(1) "cash or debit card" means any instrument or

device whether known as a debit card or by any

other name, issued with or without fee by an

issuer for the use of the cardholder in

depositing, obtaining or transferring funds from

a consumer banking electronic facility, and

(2) "nationally recognized credit card" means any

instrument or device, whether known as a credit

card, credit plate, charge plate or by any other

name, issued with or without fee by an issuer for

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 189

the use of the cardholder in obtaining money,

goods, services or anything else of value on

credit which is accepted by over one hundred

retail locations, and

b. when the holder of a Retail Wine License, Retail Beer

License or Mixed Beverage License is a private

membership club, marina, golf course or country club

that normally charges food, drinks and other purchases

to the member's monthly dues account in the regular

course of business, in lieu of actual cash payment at

the time of purchase, such practice does not

constitute the extension of credit;

5. Offer or furnish any prize, premium, gift or similar

inducement to a consumer in connection with the sale of beer or

wine, except that goods or merchandise included by the manufacturer

in packaging with beer or wine or for packaging with beer or wine

shall not be included in this prohibition, nor shall a retail wine

or retail beer license holder selling wine or beer at a multiunit

discount be included in this prohibition; but no retail wine or

retail beer licensee shall sell any beer or wine prepackaged with

other goods or merchandise at a price which is greater than the

price at which the alcoholic beverage alone is sold; or

6. Pay for beer or wine by a check or draft which is dishonored

by the drawee when presented to such drawee for payment; and the

ABLE Commission may cancel or suspend the license of any retailer

who has given a check or draft, as maker or endorser, which is so

dishonored upon presentation.
Okla. Stat. tit. 37A, § 37A-2-153 — OK Code / Title 37A / Section 37A-2-153
Nature of licenses - Deceased, bankrupt or incompetent
Status: in_force

licensees - Application to transfer license.

Any license issued pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act shall be a purely personal privilege.

It shall not constitute property nor be subject to attachment,

garnishment or execution, or be alienable or transferable, either

voluntarily or involuntarily; nor shall it descend by the laws of

descent and distribution, but shall cease upon the death of the

licensee. Provided, the ABLE Commission, under such regulations and

subject to such restrictions as it may prescribe, may permit the

executors or administrators of the estate of any deceased licensee,

or the trustees of an insolvent or bankrupt licensee, or the legal

guardian of a licensee who has been adjudged to be incompetent or

insane, to exercise the privileges under any license held by such

person for such period as the ABLE Commission may deem equitable

during the administration of the deceased or bankrupt licensee's

estate, but not to exceed two (2) years. A license may not be

transferred to a new location, except upon application to the ABLE

Commission and endorsement on the license by the ABLE Commission

showing the new location. An application for transfer of license

shall be accompanied by a certificate reflecting, as to the proposed

new location, compliance with municipal zoning ordinances or county

zoning regulations and municipal or county fire, safety and health

codes as required by Section 54 of this act. A mixed beverage or

bottle club licensee who transfers the license to a new location

shall pay a transfer fee of One Hundred Dollars ($100.00) to the

ABLE Commission.
Okla. Stat. tit. 37A, § 37A-8-101 — OK Code / Title 37A / Section 37A-8-101
Official Advanced Funds — Purpose
Status: in_force

The Alcoholic Beverage Laws Enforcement (ABLE) Commission is

hereby authorized to establish official advanced funds (OAF) for the

purpose of supplying its agents with money for enforcement of

actions to obtain critical evidence for case presentations. The

amount of the OAF shall not exceed Five Thousand Dollars

($5,000.00), and the ABLE Commission is authorized to prescribe

forms, systems, and procedures for its administration. The OAF may

be reimbursed from time to time by the filing of proper claims,

accompanied by valid receipts for expenditures made.
Okla. Stat. tit. 37A, § 37A-2-158 — OK Code / Title 37A / Section 37A-2-158
Suspension of licenses by Governor in cases of natural
Status: in_force

disaster or civil disturbance.

In case of natural disaster or civil disturbance the Governor

may, for the duration of such natural disaster or civil disturbance

thereof, immediately suspend without notice any license granted

under the provisions of the Oklahoma Alcoholic Beverage Control Act.
Okla. Stat. tit. 37A, § 37A-5-118 — OK Code / Title 37A / Section 37A-5-118
Possession of alcoholic beverage for which excise tax
Status: in_force

has not been paid - Misdemeanor - Suspension or revocation of

license.

Every person who shall possess more than one (1) liter of

alcoholic beverage, the bottle or other original container upon

which the excise tax levied by Section 104 of this act has not been

paid as provided for by the Oklahoma Alcoholic Beverage Control Act,

shall be guilty of a misdemeanor, and if such person is the holder

of a license under the Oklahoma Alcoholic Beverage Control Act, such

license shall be subject to revocation or suspension by the ABLE

Commission. The Oklahoma Tax Commission may promulgate rules for

hearings on a revocation of a license for violation of the

provisions of this section. Provided, the ABLE Commission may

suspend any license for a violation of this section for a period of

thirty (30) days with notice of hearing as the ABLE Commission may

determine.
Okla. Stat. tit. 37A, § 37A-2-123 — OK Code / Title 37A / Section 37A-2-123
Carrier license
Status: in_force

A carrier license may be issued to any common carrier operating

under a certificate of convenience and necessity issued by any duly

authorized federal or state regulatory agency. Such license shall

authorize the holder thereof to transport alcoholic beverages other

than wine sold directly by a winemaker or winery to a retail package

store or restaurant into, within, and out of this state under such

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 57

terms, conditions, limitations and restrictions as the ABLE

Commission may prescribe by order issuing such license and by rule.
Okla. Stat. tit. 37A, § 37A-2-143 — OK Code / Title 37A / Section 37A-2-143
Information to be furnished by corporate applicants
Status: in_force

A. Any corporation applying for a mixed beverage, beer and

wine, caterer, public event, beer distributor or bottle club, or as

an equity partner in a wine and spirits wholesaler, shall submit to

the ABLE Commission the following:

1. A certificate of good standing from the office of the

Secretary of State;

2. A list of all corporate officers, directors, executive

committee members or members of a similar governing body and their

addresses, except for a charitable organization exempt from taxation

under Section 501(c)(3),(4),(5),(6),(7),(8),(9),(10), or (19) of the

United States Internal Revenue Code, which shall only be required to

furnish its corporate officers; and

3. A list of all stockholders owning fifteen percent (15%) or

more of the stock and their addresses.

B. Any corporation applying for a retail wine or retail beer

license shall submit to the ABLE Commission the following:

1. A certificate of good standing from the office of the

Secretary of State;

2. A list of all corporate officers and directors, except for a

charitable organization exempt from taxation under Section

501(c)(3),(4),(5),(6),(7),(8),(9),(10), or (19) of the United States

Internal Revenue Code, which shall only be required to furnish its

corporate officers; and

3. A list of all stockholders owning fifty-one percent (51%) or

more of the stock.

C. A corporate licensee shall notify the ABLE Commission in

writing of any change in the officers or directors of the

corporation or in the principal managers of premises licensed to the

corporation and shall pay a fee of One Hundred Dollars ($100.00) for

each notification of change. Provided, service organizations which

are exempt under Section 501(c)(8), (10), or (14) of the Internal

Revenue Code shall be exempt from such fee.

D. A corporate licensee shall notify the ABLE Commission any

time a person, any type of partnership, limited liability company or

other entity acquires the percentages specified in paragraph 3 of

subsection A or B of this section, or more, of the stock of the

corporation. Such notification shall be within thirty (30) days of

acquisition, and the corporation shall pay a fee of One Hundred

Dollars ($100.00) for each notification of change.

E. The ABLE Commission may disapprove a change of officers,

directors or principal managers or the acquisition of more than the

percentages specified in paragraph 3 of subsection A or B of this

section of the stock in a licensed corporation if the ABLE

Commission feels that such change would materially affect the

conditions under which the license was issued, such that the license

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 74

would not have been issued had such change been in existence at the

time of the original application. If such disapproval occurs, the

ABLE Commission shall notify the licensee in writing and in the case

of a publicly traded corporation, allow a reasonable time for the

licensee to remove such officer, director or manager or for the

stockholder to divest himself or herself of any stock held in excess

of the percentages specified in paragraph 3 of subsection A or B of

this section; provided, a reasonable time may not exceed a ninety-

day period following notification of denial by the ABLE Commission.

Failure to comply with the provisions of this subsection may result

in revocation or suspension of such license.

F. Any person who was an officer or director or who has owned

the percentages specified in paragraph 3 of subsection A or B of

this section or more of the stock in a corporation which has been

denied a license or had a license revoked or suspended pursuant to

the provisions of the Oklahoma Alcoholic Beverage Control Act shall

not own stock in any other corporation seeking a license pursuant to

the provisions of the Oklahoma Alcoholic Beverage Control Act for a

period of twelve (12) months from the date the license was revoked

or suspended.

G. Any person who was a manager or a member of a limited

liability company which has been denied a license or had a license

revoked or suspended pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act shall not own stock in any

corporation seeking a license pursuant to the provisions of the

Oklahoma Alcoholic Beverage Control Act for a period of twelve (12)

months from the date the license was revoked or suspended.
Okla. Stat. tit. 37, § 37-600.11b — OK Code / Title 37 / Section 37-600.11b
Renumbered as § 1-229.24 of Title 63 by Laws 2016, c
Status: in_force

366, § 182, eff. Oct. 1, 2018.
Okla. Stat. tit. 37, § 37-600.21 — OK Code / Title 37 / Section 37-600.21
Legislative findings and policies concerning tobacco
Status: in_force

manufacturer liability – Master Settlement Agreement.

A. The Oklahoma Legislature finds that cigarette smoking

presents serious public health concerns to the State of Oklahoma and

its citizens. The Oklahoma Legislature also finds that:

1. The Surgeon General has determined that smoking causes lung

cancer, heart disease and other serious diseases;

2. There are hundreds of thousands of tobacco-related deaths in

the United States each year; and

3. These diseases most often do not appear until many years

after the person in question begins smoking.

B. The Oklahoma Legislature further finds that cigarette

smoking also presents serious financial concerns for the State of

Oklahoma; that, under certain health care programs, the state may

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 16

have a legal obligation to provide medical assistance to eligible

persons for health conditions associated with cigarette smoking;

that those persons may have a legal entitlement to receive such

medical assistance; and that, under these programs, the State of

Oklahoma pays millions of dollars each year to provide medical

assistance for those persons for health conditions associated with

cigarette smoking.

C. The Oklahoma Legislature additionally finds that it is the

policy of the State of Oklahoma that financial burdens imposed on

the state by cigarette smoking should be borne by tobacco product

manufacturers rather than by the State of Oklahoma to the extent

that such manufacturers either determine to enter into a settlement

with the state, or are found culpable by the courts; and that on

November 23, 1998, leading United States tobacco product

manufacturers entered into a settlement agreement, entitled the

“Master Settlement Agreement”, with the state, which obligates these

manufacturers, in return for a release of past, present and certain

future claims against them as described therein, to pay substantial

sums to the state (tied in part to their volume of sales); to fund a

national foundation devoted to the interests of public health; and

to make substantial changes in their advertising and marketing

practices and corporate culture, with the intention of reducing

underage smoking.

D. The Oklahoma Legislature therefore finally finds that it

would be contrary to the policy of the State of Oklahoma if tobacco

product manufacturers who determine not to enter into such a

settlement could use a resulting cost advantage to derive large,

short-term profits in the years before liability may arise without

ensuring that the state will have an eventual source of recovery

from them if they are proven to have acted culpably; and that it is

thus in the interest of the State of Oklahoma to require that such

manufacturers establish a reserve fund to guarantee a source of

compensation and to prevent such manufacturers from deriving large,

short-term profits and then becoming judgment-proof before liability

may arise.
Okla. Stat. tit. 37A, § 37A-2-120 — OK Code / Title 37A / Section 37A-2-120
Wholesaler's agent license
Status: in_force

A wholesaler's agent license shall authorize the holder thereof:

1. To represent only the holders of licenses within this state,

other than retailers, authorized to sell wine and spirits to

licensed retailers in Oklahoma; and

2. To solicit and to take orders for the purchase of wine and

spirits from retailers including licensees authorized to sell wine

and spirits in Oklahoma.

Such license shall be issued only to agents and employees of the

holder of a license under the Oklahoma Alcoholic Beverage Control

Act, but no such license shall be required of an employee making

sales of wine and spirits on licensed premises of the employee's

principal or of an employee of a beer distributer licensee

regardless of that employee's job responsibilities. No applicant

for a wholesaler's agent license shall also hold a manufacturer's

agent license.
Okla. Stat. tit. 37A, § 37A-3-108 — OK Code / Title 37A / Section 37A-3-108
Licensed distributor agreement required for licensed
Status: in_force

brewers or cider manufacturers - Rights to distribute low-point beer

- Assignment to distribute beer brand - Brand extensions.

A. The provisions of this section shall be in effect except as

otherwise provided in Article XXVIII-A of the Oklahoma Constitution.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 105

B. Subject to the provisions of subsection D of this section,

every licensed brewer or cider manufacturer authorized to sell its

beer or cider in this state shall:

1. Enter into a distributor agreement with a licensed

distributor, as defined herein, to sell the designated brands,

including brand extensions, of the brewer or cider manufacturer.

The agreement shall designate the sales territory of that licensed

distributor and the designated brands to be sold by the licensed

distributor. All such distributor agreements shall specifically

authorize this sale of the designated brands by a licensed

distributor within that sales territory. All such distributor

agreements shall further provide that the licensed brewer or cider

manufacturer who desires to sell a brand extension of a low-point

beer in Oklahoma must assign the low-point beer brand extension to

the licensed distributor to whom the licensed brewer or cider

manufacturer granted the exclusive sales territory to the low-point

beer brand from which the brand extension resulted;

2. Sell its registered and approved designated brands only to a

licensed distributor with whom that brewer or cider manufacturer has

a distributor agreement designating the sales territory of the

licensed distributor and the designated brands to be sold by the

licensed distributor;

3. Authorize only one licensed distributor for each designated

sales territory. Such licensed distributor shall be the only

licensed distributor for the designated brands of the authorizing

brewer or cider manufacturer within that designated sales territory;

and

4. Designate who is responsible for the distribution of its

designated brands.

C. Subject to the provisions of subsection D of this section,

any and all licensed distributors possessing the rights to

distribute a low-point beer brand in a specific territory prior to

the introduction of that low-point beer's correlating beer brand

extension in that specific territory shall retain the right to

distribute the low-point beer from which the brand extension

resulted.

D. 1. No later than August 2, 2018, a brewer shall assign the

exclusive right to distribute a beer brand, including brand

extensions thereof, to the low-point beer distributor who was, prior

to October 1, 2018, assigned the exclusive distribution rights to

the low-point beer from which the brand extension arose without

charge or payment of compensation, unless the low-point beer

distributor is, on October 1, 2018, a brewer of beer or low-point

beer and has therefore been distributing low-point beer pursuant to

a license to so distribute, subject to the provisions of subsection

E of this section. This subsection shall not apply to a small

brewer as defined in Section 1-103 of this title.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 106

2. With respect to brand extensions which arise after October

1, 2018, the brewer or cider manufacturer shall assign the exclusive

right to distribute the brand extension to the distributor who has

been assigned the exclusive distribution rights to the beer or cider

from which the brand extension arose, without charge or payment of

compensation.

3. With respect to a brand of beer or cider which was, prior to

April 15, 2017, distributed in this state only as strong beer or

cider pursuant to the Oklahoma Alcoholic Beverage Control Act then

in effect, if a low-point version of the brand is introduced after

April 15, 2017, no later than August 2, 2018, the brewer or cider

manufacturer shall assign the exclusive rights to distribute the

low-point version of the brand to the distributor who was,

immediately prior to the introduction of the low-point version of

the brand, assigned the exclusive distribution rights to the strong

version of the brand without charge or payment of compensation.

4. No later than August 2, 2018, with respect to dual strength

beer, the brewer thereof shall assign the exclusive right to

distribute the brands represented by the dual strength beer to

either the low-point beer distributor or the nonresident seller who

had theretofore been assigned the exclusive distribution rights in

the territory to either version of the dual strength beer; provided,

however, whichever party is selected by the brewer must compensate

the party that was not selected by the brewer for the loss of the

distribution rights with respect to that particular territory.

Whichever party is selected shall obtain the requisite distributor

license and shall be subject to the provisions of the Oklahoma

Alcoholic Beverage Control Act.

5. Compensation for the purposes of this provision shall be the

fair market value of the party losing its distribution rights with

respect to the beer within that specific territory. Fair market

value shall be determined as set forth in Section 3-111 of this

title and shall take into account all aspects of brand valuation,

including but not limited to:

a. the diminished value of the distribution of one

version of beer as a consequence of the subsequent

introduction of the other version,

b. the expected annual sales and earnings of the

distributor agreement,

c. the length of time the existing distributor held in

the distribution sales agreement, and

d. any other relevant items of value, such as goodwill

and going concern.

E. If a brewer, whether directly or through an affiliate,

maintained one or more licenses to distribute low-point beer in this

state prior to October 1, 2018, then up to two of the brewer's low-

point beer distribution licenses shall automatically convert to beer

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 107

distribution licenses on October 1, 2018, and such brewer shall be

permitted to continue to distribute beer in two territories within

which it currently distributes without the appointment of a

distributor for such period of time as determined by the Legislature

and consistent with the Constitution of the State of Oklahoma;

provided however, it shall not be permitted to distribute beer

outside of the territory unless it enters into a distributor

agreement with an independent licensed distributor as provided in

paragraph 1 of subsection B of this section. This section shall not

apply to small brewers that have elected to self-distribute.

F. If, on October 1, 2018, a licensed distributor possesses

inventory of a brand that it is no longer authorized to distribute

within this state, such inventory shall be sold to a licensed

distributor authorized to distribute such brand, at a price not to

exceed the total of the actual purchase price of the selling

distributor plus the cost of inbound and outbound shipping to the

purchasing distributor. The provisions of this paragraph shall not

apply to inventory purchased on or after September 15, 2018.
Okla. Stat. tit. 37A, § 37A-2-118 — OK Code / Title 37A / Section 37A-2-118
Airline/railroad/commercial passenger vessel beverage
Status: in_force

license.

A. An airline/railroad/commercial passenger vessel beverage

license shall authorize the holder thereof:

1. To sell or serve alcoholic beverages in or from any size

container on a commercial passenger airplane, vessel or railroad

operated in compliance with a valid license, permit or certificate

issued under the authority of the United States or this state or its

instrumentality, even though the airplane, vessel or train, in the

course of its travel, may cross an area in which the sale of

alcoholic beverages by the individual drink is not authorized; and

2. To store alcoholic beverages in sealed containers of any

size at any airport, facility or station regularly served by the

licensee, in accordance with rules promulgated by the ABLE

Commission.

B. Alcoholic beverages purchased by the holder of an

airline/railroad/commercial passenger vessel license from the holder

of a wholesaler license or beer distributor license shall be

presumed to be purchased for consumption outside the State of

Oklahoma or in interstate commerce, and shall be exempt from the

excise tax provided in Section 5-101 of this title. A commercial

vessel operating solely on the waterways within this state shall

purchase alcoholic beverages from the holder of a wholesaler license

or beer distributor license and shall not be exempt from the excise

tax provided in Section 5-101 of this title.
Okla. Stat. tit. 37A, § 37A-5-119 — OK Code / Title 37A / Section 37A-5-119
Alcoholic beverages other than beer - Sealed cases
Status: in_force

required.

Every manufacturer of alcoholic beverages other than beer shall

package, ship, store and deliver same in cases, and no alcoholic

beverage other than beer shall be sold, shipped, stored or delivered

by any such manufacturer except in sealed cases. Every manufacturer

of alcoholic beverages other than beer shall serially number such

cases on the end of the case where the brand and product are

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 161

identified. All such cases shall be sealed by tape or such other

method as the ABLE Commission by rule may provide so that the

contents of such cases cannot be removed without breaking or

destroying such seal. It shall be unlawful for any person to remove

the alcoholic beverage contents of a case so sealed without breaking

or destroying such seal. No wholesaler or beer distributor shall

receive or accept any alcoholic beverages other than beer in this

state except in sealed cases so numbered. Any holder of a license

or permit violating the provisions of this section shall be subject

to revocation or suspension of the license.
Okla. Stat. tit. 37, § 37-600.8 — OK Code / Title 37 / Section 37-600.8
Renumbered as § 1-229.18 of Title 63 by Laws 2016, c
Status: in_force

366, § 176, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-5-102 — OK Code / Title 37A / Section 37A-5-102
Intent of excise tax
Status: in_force

The excise tax levied by the Alcoholic Beverages Governance Act

is hereby declared and intended to be a direct tax upon the ultimate

retail consumer of alcoholic beverages in this state, and when such

tax is paid by, or collected from, any other person, as herein

provided for, such payment shall be considered as an advance payment

for convenience and facility only, and such tax shall thereafter be

added to the price of such alcoholic beverages and recovered from

the ultimate retail consumer thereof.
Okla. Stat. tit. 37A, § 37A-3-112 — OK Code / Title 37A / Section 37A-3-112
Operation and maintenance conditions for brew pubs
Status: in_force

The operation and maintenance of a brewpub is subject to the

following conditions:

1. No person shall be permitted to own or operate a brewpub

without first paying the required fees set forth in Section 13 of

this act and obtaining a proper brewpub license from the ABLE

Commission in the manner provided in the Oklahoma Alcoholic Beverage

Control Act;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 117

2. Each brewpub licensee shall comply with all other applicable

state and local license and permit requirements; and

3. In order to qualify for a brewpub license, a brewer or

manufacturer must meet the definition of a small brewer.
Okla. Stat. tit. 37A, § 37A-6-116 — OK Code / Title 37A / Section 37A-6-116
False or fraudulent return in connection with any tax
Status: in_force

imposed by Act – Penalties.

Any person who shall file a false or fraudulent return in

connection with any tax imposed by the Oklahoma Alcoholic Beverage

Control Act, or willfully evade, or attempt to evade, any tax herein

levied shall be guilty of a Class D3 felony offense and, upon

conviction, be fined not less than Two Thousand Five Hundred Dollars

($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or

imprisoned as provided for in subsections B through F of Section 20P

of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment.
Okla. Stat. tit. 37A, § 37A-6-128 — OK Code / Title 37A / Section 37A-6-128
Order to show cause for witnesses before Commission –
Status: in_force

Penalties.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 204

A. If a witness in attendance before the Director of the ABLE

Commission refuses without reasonable cause to be examined or to

answer a legal or pertinent question, or to produce a book, record

or paper when ordered to do so by the Director, the Director may

apply to the judge of the district court of any county where such

witness is in attendance, upon proof by affidavit of the fact, for a

rule or order returnable in not less than two (2) nor more than five

(5) days, directing such witness to show cause before the judge who

made the order, or any other district judge of the county, why he or

she should not be punished for contempt. Upon the return of such

order, the judge before whom the matter shall come for hearing shall

examine under oath such witness or person, and such person shall be

given an opportunity to be heard. If the judge shall determine that

such person has refused, without reasonable cause or legal excuse,

to be examined or answer a legal or pertinent question, or to

produce a book, record or paper which he or she was ordered to bring

or produce, the judge may punish the offender as for contempt of

court and shall fix the penalty in any sum not less than Two Hundred

Fifty Dollars ($250.00) but not to exceed Five Hundred Dollars

($500.00) or require him or her to serve a maximum of thirty (30)

days in jail, or by both such fine and imprisonment.

B. Subpoenas shall be served and witness fees and mileage paid

as in civil cases in the district court in the county to which such

witness shall be called. Witnesses subpoenaed at the instance of

the Director shall be paid their fees and mileage by the Director

out of funds appropriated by the Legislature. Court costs in the

contempt proceedings shall be paid as taxed by the court.
Okla. Stat. tit. 37A, § 37A-6-112 — OK Code / Title 37A / Section 37A-6-112
Damaging or destroying information required on original
Status: in_force

containers or cases - Misdemeanor.

Any person who erases, removes, obliterates, destroys or renders

illegible in any manner any serial numbers, marks, brands, legends,

license numbers, case numbers or other information required by the

Oklahoma Alcoholic Beverage Control Act or by Acts of Congress to be

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 194

attached or placed upon any original containers or cases containing

alcoholic beverages before the contents of such packages or cases

have been entirely removed is guilty of a misdemeanor.
Okla. Stat. tit. 37A, § 37A-2-115 — OK Code / Title 37A / Section 37A-2-115
Special event licenses - Rules and restrictions
Status: in_force

A. A special event license may be issued to an organization,

association or nonprofit corporation organized for political,

fraternal, charitable, religious or social purposes. The holder of

a special event license is authorized to sell and distribute

alcoholic beverage on the premises for which the license is issued.

B. The ABLE Commission shall promulgate rules governing the

application for and the issuance of special event licenses.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 52

C. The restrictions and rules which apply to the sale of mixed

beverages on the premises of a mixed beverage licensee also apply to

the sale of such beverages under the authority of a special event

license. Any act which if done on the premises of a mixed beverage

licensee would be a ground for revocation or suspension of the mixed

beverage license is a ground for revocation or suspension of a

special event license.

D. No special event license may be issued for any premises

already licensed by the ABLE Commission.

E. No special event license shall be required for an

organization, association or nonprofit corporation which is an

economic development chamber or similar entity, provided the event

is not conducted primarily for fundraising purposes, and provided

the services of a licensed caterer are used to provide and

distribute the alcoholic beverages at the event.
Okla. Stat. tit. 37, § 37-600.4 — OK Code / Title 37 / Section 37-600.4
Renumbered as § 2-8-224 of Title 10A by Laws 2013, c
Status: in_force

404, § 28, eff. Nov. 1, 2013.
Okla. Stat. tit. 37A, § 37A-1-108 — OK Code / Title 37A / Section 37A-1-108
Commission Director - Powers and duties
Status: in_force

A. The ABLE Commission shall appoint a Director, who shall

employ an Assistant Director and such other personnel as are

necessary to properly enforce and administer the Oklahoma Alcoholic

Beverage Control Act. The Director shall require bonds in such

instances and amounts as the ABLE Commission may direct, and shall

be in direct charge of all records. The Director shall further have

the following specific powers and duties:

1. To issue licenses provided for in the Oklahoma Alcoholic

Beverage Control Act, and to approve or reject any official bond

required to be filed with the Director or the ABLE Commission;

2. To appoint and employ, supervise and discharge such

employees as may be determined necessary for the proper discharge of

the duties of the office of Director, upon duties and salary fixed

and determined by the ABLE Commission and subject to all the rules

that may be promulgated by the ABLE Commission. The Director and

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 21

the ABLE Commission, in appointing and employing personnel, shall

give preference to honorably discharged members of the Armed Forces

of the United States;

3. To conduct such investigations and make such reports as may

be necessary to keep the ABLE Commission advised concerning any

violations of the provisions of the Oklahoma Alcoholic Beverage

Control Act and make orders for its enforcement;

4. To make recommendations to the ABLE Commission concerning

the suspension or revocation of any licenses, the levying of fines

against licensees for violations of the provisions of the Oklahoma

Alcoholic Beverage Control Act or rules of the ABLE Commission or

any action that should be filed or commenced against any official

bond theretofore approved by the Director or the ABLE Commission;

5. To regularly inspect all places of business of licensees,

and all other persons, firms or corporations dealing in the

manufacture, distribution, transportation, sale or service of

alcoholic beverages under the provisions of the Oklahoma Alcoholic

Beverage Control Act and report to the ABLE Commission concerning

any and all violations with a recommendation to the ABLE Commission

for its determination;

6. To refer any evidence of a violation of any provision of the

Oklahoma Alcoholic Beverage Control Act which carries a criminal

penalty to the appropriate law enforcement authority for action;

7. To aid the enforcement authorities of this state or any

county or municipality of the state, or the federal government, in

prosecutions of violations of the Oklahoma Alcoholic Beverage

Control Act;

8. To enforce the provisions of the Prevention of Youth Access

to Tobacco Act including but not limited to the levying of

administrative fines against persons violating the provisions of the

Prevention of Youth Access to Tobacco Act, and to at least annually

conduct random unannounced inspections at locations where tobacco

products are sold or distributed and conduct targeted inspections at

those locations which have been in violation of the provisions of

the Prevention of Youth Access to Tobacco Act; and

9. To enter into interagency transfers with the Oklahoma State

Bureau of Investigation, the Oklahoma Bureau of Narcotics and

Dangerous Drugs and the Oklahoma Highway Patrol as provided for in

Section 1 of this act.

B. The Director may employ or contract with attorneys, as

needed, to advise the Director and the ABLE Commission on all legal

matters and shall appear for and represent the Director and the ABLE

Commission in all administrative hearings and all litigation or

other proceedings which may arise in the discharge of their duties.

At the request of the ABLE Commission, such attorneys shall assist

district attorneys in prosecuting charges of violators of the

Oklahoma Alcoholic Beverage Control Act.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 22
Okla. Stat. tit. 37A, § 37A-2-105 — OK Code / Title 37A / Section 37A-2-105
Winemaker self-distribution license
Status: in_force

A. A winemaker self-distribution license shall authorize a

licensed winemaker within or without this state which is permitted

by Article XXVIIIA of the Oklahoma Constitution and this section:

1. To distribute its wine directly to retail spirits, retail

wine and retail beer licensees, mixed beverage licensees, beer and

wine licensees, and restaurants in this state; and

2. If such a winemaker elects to do so, to sell and deliver its

wines directly to licensed retail package stores, mixed beverage

licensees, beer and wine licensees, and restaurants in this state in

full case lots only, and in accordance with the provisions of the

Oklahoma Alcoholic Beverage Control Act and such rules as the ABLE

Commission shall promulgate.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 37

B. A winemaker either within or without this state that

annually produces no more than fifteen thousand (15,000) gallons of

wine may elect to sell and self-distribute the wine produced by such

winemaker directly to licensed retail package stores, mixed beverage

licensees, beer and wine licensees, and restaurants in this state;

provided:

1. Any such winemaker which elects to directly sell its wine to

package stores, mixed beverage licensees, beer and wine licensees,

and restaurants shall not also use a licensed wholesale distributor

as a means of distribution, and shall be required to sell its wines

to every package store, mixed beverage licensee, beer and wine

licensee, and restaurant licensee who desires to purchase the same,

on the same price basis and without discrimination;

2. If a winemaker or winery sells directly to a retail package

store, mixed beverage licensee, beer and wine licensee or

restaurant, the winemaker shall transport the wine from the

winemaker's winery to the premises where the wine is to be delivered

only in vehicles owned or leased by the winemaker and not by common

or private contract carrier and shall obtain all necessary permits

as required by the Oklahoma Alcoholic Beverage Control Act; and

3. If the production volume limit applicable to winemakers is

ruled to be unconstitutional by a court of competent jurisdiction,

then no winemaker shall be permitted to directly sell its wine to

retail package stores, non-package-store retailers, mixed beverage

licensees, beer and wine licensees or restaurants in this state.
Okla. Stat. tit. 37A, § 37A-2-117 — OK Code / Title 37A / Section 37A-2-117
Hotel beverage license - Rules and restrictions
Status: in_force

A. A hotel beverage license may be issued to a hotel or motel

which is also the holder of a mixed beverage license. Provided,

that application may be made simultaneously for both such licenses.

B. The ABLE Commission shall promulgate rules governing the

application for and the issuance of hotel beverage licenses.

C. Notwithstanding any other provision of the Oklahoma

Alcoholic Beverage Control Act, a hotel may sell alcoholic beverages

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 53

to its registered guests by means of a mini-bar located in the

guestrooms of those registered guests; provided:

1. Access to any mini-bar shall only be by a key, magnetic card

or similar device;

2. Access to a mini-bar in a particular guestroom is provided,

whether by furnishing a key, magnetic card or similar device only to

a registered guest over twenty-one (21) years of age registered to

stay in the guestroom;

3. The licensee shall verify that each registered guest to whom

a key, magnetic card or similar device to access a mini-bar is to be

provided is over twenty-one (21) years of age; and

4. All employees handling the alcoholic beverages to be placed

in the mini-bar possess an employee license issued by the ABLE

Commission.
Okla. Stat. tit. 37, § 37-600.11a — OK Code / Title 37 / Section 37-600.11a
Renumbered as § 1-229.23 of Title 63 by Laws 2016, c
Status: in_force

366, § 181, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-2-110 — OK Code / Title 37A / Section 37A-2-110
See the following versions:
Status: in_force

OS 37A-2-110v1 (SB 728, Laws 2019, c. 35, § 1).

OS 37A-2-110v2 (SB 1057, Laws 2024, c. 417, § 1).
Okla. Stat. tit. 37A, § 37A-7-105 — OK Code / Title 37A / Section 37A-7-105
Delivery or carry out not permitted in certain
Status: in_force

situations.

Delivery or carry out of a cocktail, mixed drink or single-serve

wine is prohibited if:

1. A third party delivers the cocktail, mixed drink or single-

serve wine;

2. A container of a mixed drink, cocktail or single-serve wine

is not tamper evident and sealed;

3. A container of a mixed drink, cocktail or single-serve wine

is transported in the passenger area of a vehicle;

4. A mixed drink, cocktail or single-serve wine is delivered by

a person or to a person who is under twenty-one (21) years of age;

or

5. The person delivering a mixed drink, cocktail or single-

serve wine fails to verify the age of the person to whom the mixed

drink, cocktail or single-serve wine is being delivered.
Okla. Stat. tit. 37A, § 37A-5-101 — OK Code / Title 37A / Section 37A-5-101
Excise tax on alcoholic beverages
Status: in_force

A. Except as provided in this subsection, an excise tax is

hereby levied and imposed upon all alcoholic beverages imported or

manufactured, for sale, use or distribution, or used or possessed in

this state at the following rates:

1. One Dollar and forty-seven cents ($1.47) per liter, and a

proportionate rate on fractions thereof, on each liter of spirits;

2. Nineteen cents ($0.19) per liter, and a proportionate rate

on fractions thereof, on each liter of wine;

3. Fifty-five cents ($0.55) per liter, and a proportionate rate

on fractions thereof, on each liter of sparkling wine; and

4. Twelve Dollars and fifty cents ($12.50) per barrel (thirty-

one (31) wine gallons) and a proportionate rate on portions thereof,

on each barrel of beer; provided, beer manufactured in this state

for export shall not be taxed.

B. The excise tax levied on alcoholic beverages except beer

under subsection A of this section shall be paid as follows:

1. Payment of the excise tax levied by this section with

respect to all alcoholic beverages, other than beer, shall be made

as follows:

a. the excise tax on all wine and spirits shall be

collected and remitted by the Oklahoma wine and

spirits wholesaler who purchases the alcoholic

beverages for sale within the state, unless otherwise

provided by subparagraph b of this paragraph,

b. the excise tax on all wine shipped directly to a

consumer by a winery maintaining a Winemaker Self-

Distribution License pursuant to Section 2-105 of this

title or a winery maintaining a Direct Wine Shipper's

Permit pursuant to Section 3-106 of this title shall

be collected and remitted by the winery maintaining

this license or permit; and

2. The due and payable excise tax levied by this section shall

be remitted electronically simultaneously with tax returns

electronically filed with the Oklahoma Tax Commission using

procedures prescribed by the Tax Commission. The tax returns shall

be made under oath by the person liable for the tax on forms

prescribed and provided by the Tax Commission and shall be

accompanied by payment of the taxes due and any additional sums due

as provided by this section. Invoices describing all alcoholic

beverages as described in this section which are shipped into this

state or which are first sold in this state shall be delivered to

the Tax Commission immediately following shipment of liquors into

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 146

the state or delivery to the first purchaser. Tax returns and

payment of excise tax and other sums due shall be electronically

filed with the Tax Commission no later than the twentieth day of the

month immediately succeeding the month of shipment, importation or

first sale of the alcoholic beverages as provided in paragraph 1 of

this subsection.

C. For the purpose of collecting and remitting the excise tax

imposed under this section, the person liable for such tax is hereby

declared to be the agent of the state for such purposes.

D. Nothing herein shall be construed to impose an additional

excise tax on alcoholic beverages held in inventory by wholesalers

and retailers upon which the excise tax was paid prior to the

effective date of any excise tax increase.

E. The retail sale of alcoholic beverages shall be subject to

the sales tax statutes enacted by the Legislature.
Okla. Stat. tit. 37A, § 37A-6-117 — OK Code / Title 37A / Section 37A-6-117
Engaging in activities or performing transactions or
Status: in_force

acts without proper license – Penalties.

Any person who shall knowingly engage in any activity or perform

any transaction or act for which a license is required under the

Oklahoma Alcoholic Beverage Control Act, not having such license,

shall be guilty of a misdemeanor and for the first offense, upon

conviction, be fined not more than Two Thousand Five Hundred Dollars

($2,500.00) and imprisoned for not less than thirty (30) days nor

more than six (6) months, and for a second or subsequent offense

shall be guilty of a Class D3 felony offense and be fined not more

than Two Thousand Five Hundred Dollars ($2,500.00), or imprisoned as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or by both such fine and imprisonment.
Okla. Stat. tit. 37A, § 37A-1-107 — OK Code / Title 37A / Section 37A-1-107
Commission powers and duties
Status: in_force

A. The ABLE Commission shall have the following powers and

duties:

1. To supervise, inspect and regulate every phase of the

business of manufacturing, importing, exporting, transporting,

storing, selling, distributing and possessing for the purpose of

sale, all alcoholic beverages which shall be necessary and proper to

carry out the purposes of the Oklahoma Alcoholic Beverage Control

Act;

2. To promulgate rules, in the manner herein provided, to carry

out the purposes of the Oklahoma Alcoholic Beverage Control Act;

3. To have the sole authority to issue any license provided for

in the Oklahoma Alcoholic Beverage Control Act and except as

provided in Sections 101 and 102 of this act with respect to cities,

towns and counties, and except as may be provided under Title 68 of

the Oklahoma Statutes with respect to the Oklahoma Tax Commission,

no other agency, instrumentality or political subdivision of this

state shall be authorized to issue any license or permit allowing

any licensee to engage in any activity covered by the Oklahoma

Alcoholic Beverage Control Act anywhere within the State of

Oklahoma;

4. To refuse to issue any license provided for in the Oklahoma

Alcoholic Beverage Control Act for cause provided for in the

Oklahoma Alcoholic Beverage Control Act;

5. To revoke or suspend, for cause after hearing, any license

issued under the authority of the Oklahoma Alcoholic Beverage

Control Act;

6. To prescribe the forms of all reports which it deems

necessary in administering the Oklahoma Alcoholic Beverage Control

Act;

7. To fix standards not in conflict with those prescribed by

any law of this state or of the United States, to secure the use of

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 19

proper ingredients and methods of manufacture and dispensing of

alcoholic beverages;

8. To make seizures of alcoholic beverages manufactured, sold,

possessed, imported or transported in violation of the Oklahoma

Alcoholic Beverage Control Act, and apply for the confiscation

thereof whenever required by the Oklahoma Alcoholic Beverage Control

Act, and cooperate in the prosecution of offenders before any court

of competent jurisdiction;

9. To submit to the Governor and members of the State

Legislature annual or semiannual reports upon request of the

Governor;

10. To inspect or cause to be inspected any premises where

alcoholic beverages are manufactured, stored, distributed, sold,

dispensed or served;

11. In the conduct of any hearing authorized to be held by the

ABLE Commission:

a. to examine or cause to be examined, under oath, any

person,

b. to examine or cause to be examined books and records

of any licensee,

c. to hear testimony and take proof material for the ABLE

Commission's information and the discharge of its

duties hereunder,

d. to administer or cause to be administered oaths, and

e. to issue subpoenas for the attendance of witnesses and

the production of books or records which shall be

effective in any part of the state. Any district

court or any judge thereof, either in term or

vacation, may by order duly entered require the

attendance of witnesses and the production of relevant

books or records subpoenaed by the ABLE Commission,

and the court or judge may compel obedience to the

order by proceedings for contempt;

12. To prescribe the kind and size of retail containers of

alcoholic beverages which may be purchased, possessed and sold by a

licensee;

13. To prescribe by rule, in addition to those herein required,

the kinds of records to be kept and reports to be rendered by

licensees, and the information to be shown therein; provided, that

the period for which all such records and reports be retained shall

not be less than five (5) years;

14. To gather, compile and print such statistical data as may

in the opinion of the ABLE Commission be needed or useful, and

prescribe charges or fees to be collected from any person or company

to whom such data shall be provided. No reports shall contain sales

information by name or license number;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 20

15. To educate persons employed by licensees to sell or serve

alcoholic beverages as to the provisions of Article XXVIIIA of the

Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control

Act, with emphasis on recognizing and preventing intoxication and

particular emphasis on those provisions prohibiting the selling or

serving of alcoholic beverages to minors. The ABLE Commission may

contract with one or more entities, including but not limited to the

Oklahoma Department of Mental Health and Substance Abuse Services,

to perform the duties specified in this paragraph;

16. To purchase motor vehicles necessary for use in its

operations. Such motor vehicles shall not be required to have any

type of identifying marking thereon;

17. To purchase insurance on the motor vehicles owned and

operated by the ABLE Commission in accordance with statutory

provisions, subject to the approval of the Risk Management

Administrator as provided for in Section 85.58A of Title 74 of the

Oklahoma Statutes;

18. To approve or reject any official bond required to be filed

with the ABLE Commission; and

19. To exercise all other powers and duties conferred by the

Oklahoma Alcoholic Beverage Control Act, and all powers incidental,

convenient or necessary to enable it to administer or carry out any

of the provisions of the Oklahoma Alcoholic Beverage Control Act.

B. The ABLE Commission shall promulgate rules, pursuant to the

Administrative Procedures Act, to carry out the purposes of the

Oklahoma Alcoholic Beverage Control Act.
Okla. Stat. tit. 37A, § 37A-2-151 — OK Code / Title 37A / Section 37A-2-151
Commission authority to conduct initial hearing
Status: in_force

The ABLE Commission shall have the authority to conduct an

initial hearing when a hearing is required by law. The Director of

the ABLE Commission may employ such hearing officers and assistants

as are necessary to conduct the hearings. If a hearing is conducted

by a hearing officer, the hearing officer shall issue a report to

the ABLE Commission. The report of the hearing officer shall

include findings of fact and conclusions of law. Notice of the

recommendation of the hearing officer shall be sent to the last-

known address of the licensee. If the licensee disagrees with the

recommendation of the hearing officer, the licensee may request a

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 85

hearing before the ABLE Commission for a review of the record. If

the licensee fails to request a review of the record within fifteen

(15) days after the date of the notice of the hearing officer's

decision, the recommendation of the hearing officer shall become a

final order of the ABLE Commission. A failure to request a review

of the record by the ABLE Commission in a timely manner shall

constitute a failure to exhaust administrative remedies.
Okla. Stat. tit. 37A, § 37A-6-124 — OK Code / Title 37A / Section 37A-6-124
Permitting a person to be drunk or intoxicated on
Status: in_force

licensed premises – Penalties.

Any licensee permitting a person to be drunk or intoxicated on

the licensee's licensed premises shall be guilty of a misdemeanor,

and upon conviction punishable by a fine in an amount not exceeding

One Hundred Dollars ($100.00), by imprisonment in the county jail

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 201

for a term not more than thirty (30) days, or by both such fine and

imprisonment.
Okla. Stat. tit. 37A, § 37A-6-130 — OK Code / Title 37A / Section 37A-6-130
Definitions
Status: in_force

As used in this section:

1. “Employee” means any person paid by an establishment

licensed by the Alcoholic Beverage Laws Enforcement (ABLE)

Commission to sell, serve, dispense, or deliver alcoholic beverages

or to immediately manage, direct, supervise, or control the sale or

service of alcoholic beverages; and

2. “Seller-server training certificate” means a certificate

granted for completing an Oklahoma seller-server certification

course recognized by the ABLE Commission.
Okla. Stat. tit. 37, § 37-600.10 — OK Code / Title 37 / Section 37-600.10
Renumbered as § 1-229.20 of Title 63 by Laws 2016, c
Status: in_force

366, § 178, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-2-163 — OK Code / Title 37A / Section 37A-2-163
Free samples at events — Requirements
Status: in_force

A holder of a small farm winery, winemaker, or small brewer

license, which serves wine or beer for on-premises or off-premises

consumption, with permission from the event coordinator, manager, or

the property owner, shall be allowed to serve free samples of, sell,

or serve Oklahoma-manufactured beer, wine, mulled wine, or spiced

wine, mixed with nonalcoholic beverages or food items, such as

water, sugar, fruits and vegetables, at any temperature, wine

produced at the winery or blended on-site at any public event,

including but not limited to festivals, trade shows, boat shows, RV

shows, home and garden shows, fairs, car shows, swap meets, sporting

events, city events, county events, state events, for either on-

premises or off-premises consumption, including any public events

that are held at the premises which hold a retail beer license,

retail spirits license, mixed beverage license, beer and wine

license, caterer's license, special event license, public event

license, winemaker license, small farm winery license, charitable

auction license, or brewpub license. When attending a public event,

the location within the event occupied by the small farm winery,

winemaker, or small brewer licensee becomes a licensed premises and

extension of the licensed small farm winery, winemaker, or small

brewer license. The licensee shall set up and define an area

contiguous to their booth space as a serving area where the wine or

beer is dispensed. The licensee may only serve the wine or beer in

the serving area. In the event that multiple winemakers or small

brewers are at the same public event, they may combine their serving

areas into one area as long as they are contiguous to the

winemakers' or small brewers' booths. A small farm winery,

winemaker, or small brewer licensee shall not be required to control

the consumer leaving the premises once served Oklahoma-manufactured

beer, wine, mulled wine, or spiced wine, mixed with nonalcoholic

beverages or food items, such as water, sugar, fruits and

vegetables, at any temperature, wine produced at the winery or

blended on-site at the public event. There shall not be any special

permit, permit, or license required by the event originator,

coordinator, manager, or property owner to have a small farm winery,

winemaker, or small brewer licensee at his or her event.
Okla. Stat. tit. 37A, § 37A-1-112 — OK Code / Title 37A / Section 37A-1-112
Good standing with Oklahoma Tax Commission required
Status: in_force

The ABLE Commission shall not issue a license to any person not

in good standing with the Oklahoma Tax Commission with respect to

the payment of all taxes due to this state or any political

subdivision thereof. The ABLE Commission shall not issue a license

to any business entity if the entity or any officer or director

thereof is not in good standing with the Tax Commission with respect

to the payment of all taxes due to this state or any political

subdivision thereof. Any license issued before or after the

effective date of this act which is deemed to have been issued in

violation of the provisions of this section shall be immediately

revoked, and the holder thereof shall not be eligible to receive any

license issued by the ABLE Commission until such time as the Tax

Commission determines that the holder is in good standing with the

Tax Commission with respect to the payment of all taxes due to this

state or any political subdivision thereof, including payment of any

interest or penalties due.
Okla. Stat. tit. 37A, § 37A-2-103 — OK Code / Title 37A / Section 37A-2-103
Distiller license
Status: in_force

A. A distiller license shall authorize the holder thereof:

1. To manufacture, bottle, package and store spirits on

licensed premises;

2. To sell spirits in this state to licensed wholesalers and

manufacturers only;

3. To sell spirits out of this state to qualified persons; to

purchase from licensed distillers and rectifiers in this state, and

import spirits from without this state for manufacturing purposes in

accordance with federal laws and regulations;

4. To serve free samples of spirits produced only by the

licensee to visitors twenty-one (21) years of age and older. For

purposes of this section, no visitor may sample more than a total of

three (3) fluid ounces of spirits per day. The distiller shall

restrict the distribution and consumption of spirits samples to an

area within the licensed premises designated by the distiller. A

current floor plan that includes the designated sampling area shall

be on file with the ABLE Commission. No visitor under twenty-one

(21) years of age shall be permitted to enter the designated

sampling area when samples are being distributed and consumed.

Samples of spirits served by a distiller under this section shall

not be considered a sale of spirits within the meaning of Article

XXVIII-A of the Oklahoma Constitution or Section 1-103 of this

title; provided, such samples of spirits shall be considered removed

or withdrawn from the distillery for use or consumption within the

meaning of Section 5-110 of this title for excise tax determination

and reporting requirements;

5. To sell spirits produced by the licensee for either on-

premises or off-premises consumption to consumers on the licensed

distillery premises or in an area controlled by the licensee located

contiguous to the licensed distillery premises and at one (1)

location controlled by the licensee located in the same county as

the licensed distillery premises but not contiguous to the licensed

distillery premises. Spirits offered for sale by the Oklahoma

licensed distiller will have been sold to and shipped to an Oklahoma

licensed wine and spirits wholesaler and then made available for

purchase by the Oklahoma licensed distiller for sale; and

6. To sell spirits at public events such as trade shows or

festivals. Products offered for sale by the Oklahoma licensed

distiller will have been sold to and shipped to an Oklahoma licensed

wine and spirits wholesaler and then made available for purchase by

the Oklahoma licensed distiller.

B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A

of this section shall not exceed fifteen thousand (15,000) gallons

per calendar year in combination.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 35

C. Spirits sold pursuant to paragraphs 5 and 6 of subsection A

of this section shall be a final sale. Licensed distillers may

offer for sale non-alcoholic substances which may be added to

spirits by the consumer after final sale. Substances used for on-

premises consumption shall be non-alcoholic in nature and shall not

be considered part of the manufacturing process.
Okla. Stat. tit. 37A, § 37A-3-114 — OK Code / Title 37A / Section 37A-3-114
Resale of beer restrictions for retailers - Violations
Status: in_force

– Penalties.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 118

A. This section applies to all retailers authorized to sell

beer for consumption off the premises.

B. The holder of a retail beer or retail spirits license may

resell beer only in the packaging in which the holder received the

beer or may resell the contents of the packages as individual

containers.

C. Except for purposes of resale as individual containers, the

licensee shall not:

1. Mutilate, tear apart or cut apart original packaging in

which beer was received; or

2. Repackage beer in a manner misleading to the consumer or

that results in required labeling being omitted or obscured.

D. The ABLE Commission shall impose the following penalties for

a violation of subsection B or C of this section:

1. After notice and hearing, immediately revoke the license of

the licensee committing the violation; and

2. Impose a fine of not more than One Thousand Dollars

($1,000.00) for each violation.

Any licensee whose license is revoked pursuant to this

subsection shall not be eligible to reapply for a license for at

least three (3) months from the date of the revocation. Any stock

of beer in undamaged original packaging in the possession of such

licensee shall be repurchased by the distributor as long as the

repurchased inventory falls within the date considered by the brewer

of the product to be appropriate for sale to a consumer.

E. Administrative fines collected pursuant to this section

shall be enforceable in the district courts of this state. All

administrative fines collected by the ABLE Commission pursuant to

this section shall be forwarded to the State Treasurer for deposit

in the General Revenue Fund.
Okla. Stat. tit. 37A, § 37A-5-105 — OK Code / Title 37A / Section 37A-5-105
Total gross receipts tax for on-premises beer and wine,
Status: in_force

mixed beverage, caterer, public event or special event license.

A. A tax at the rate of thirteen and one-half percent (13.5%)

is hereby levied and imposed on the total gross receipts of a holder

of an on-premises beer and wine, mixed beverage, caterer, public

event or special event license issued by the ABLE Commission, from:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 149

1. The sale, preparation or service of mixed beverages;

2. The total retail value of complimentary or discounted mixed

beverages;

3. Ice or nonalcoholic beverages that are sold, prepared or

served for the purpose of being mixed with alcoholic beverages and

consumed on the premises where the sale, preparation or service

occurs; and

4. Any charges for the privilege of admission to a mixed

beverage establishment which entitle a person to complimentary mixed

beverages or discounted prices for mixed beverages.

B. For purposes of this section:

1. “Catering events” means events authorized pursuant to

Sections 2-112 and 2-113 of this title;

2. “Mixed beverages” means mixed beverages as defined by

Section 1-103 of this title;

3. “Public events” means public events as defined by Section 1-

103 of this title;

4. ”Special events” means special events as defined by Section

1-103 of this title;

5. “Total gross receipts” means the total amount of

consideration received as charges for admission to a mixed beverage

establishment, as provided in paragraph 4 of subsection A of this

section, and the total retail sale price received for the sale,

preparation or service of mixed beverages, ice and nonalcoholic

beverages to be mixed with alcoholic beverages. The advertised

price of a mixed beverage may be the sum of the total retail sale

price and the gross receipts tax levied thereon. For the purpose of

presenting a sales receipt to a customer purchasing wine, beer and

mixed beverages for on-premises consumption, except during catered

events, public events and special events, the thirteen and one-half

percent (13.5%) gross receipts tax shall be listed as a separate

item on the customer receipt; and

6. “Total retail value” means the total amount of consideration

that would be required for the sale, preparation or service of mixed

beverages.

C. The gross receipts tax levied by this section shall be in

addition to the excise tax levied in Section 5-101 of this title,

the sales tax levied in the Oklahoma Sales Tax Code and to any

municipal or county sales taxes.

D. The gross receipts tax levied by this section is hereby

declared to be a direct tax upon the receipt of consideration for

any charges for admission to a mixed beverage establishment, as

provided in paragraph 4 of subsection A of this section, for the

sale, preparation or service of mixed beverages, ice and

nonalcoholic beverages to be mixed with alcoholic beverages, and the

total retail value of complimentary or discounted mixed beverages.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 150

E. The total of the retail sale price received for the sale,

preparation or service of mixed beverages, ice and nonalcoholic

beverages to be mixed with alcoholic beverages shall be the total

gross receipts for purposes of calculating the sales tax levied in

the Oklahoma Sales Tax Code.
Okla. Stat. tit. 37A, § 37A-3-116.2 — OK Code / Title 37A / Section 37A-3-116.2
Designated wholesalers or beer distributors - Posting
Status: in_force

requirements.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 126

A. In the event a manufacturer has designated a wine and

spirits wholesaler or a brewer has designated a beer distributor

pursuant to subsection B of Section 3-116 of this title to sell its

product in the state, the wine and spirits wholesaler shall comply

with the following posting requirements: The wine and spirits

wholesaler or beer distributor appointed pursuant to subsection B of

Section 3-116 of this title shall submit its line-item price posting

for that product no later than the fifteenth day of each month. If

the fifteenth day of the month falls on a Saturday, Sunday or a

holiday then the wine and spirits wholesaler shall submit its price

posting on the next business day. The price posting submitted by

the wine and spirits wholesaler shall list the line-item price,

handling cost, transportation cost and any other costs that may be

associated with the sale or delivery of that item. All prices shall

become effective on the first business day of the month following

posting and shall remain in effect and unchanged in one-month

increments. No change or modification of the posted price shall be

permitted except upon written permission from the ABLE Commission

based on good cause shown.

B. This section shall not apply unless a product has been

designated by a manufacturer for distribution by a single wine and

spirits wholesaler in the state or by a brewer for distribution by a

beer distributor pursuant to subsection B of Section 3-116 of this

title.
Okla. Stat. tit. 37, § 37-606 — OK Code / Title 37 / Section 37-606
Renumbered as § 1-229.32 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 193, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-5-126 — OK Code / Title 37A / Section 37A-5-126
Record keeping for all alcoholic beverages imported,
Status: in_force

purchased, received, manufactured, produced, sold, delivered or

otherwise disposed of.

A. Every manufacturer, brewer, wine and spirits wholesaler,

beer distributor, nonresident seller, retailer, mixed beverage,

caterer, public event and special event licensee shall keep a record

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 165

of all alcoholic beverages imported, purchased, received,

manufactured, produced, sold, delivered or otherwise disposed of,

and the amount of all alcoholic beverages on hand, as herein

provided. Such records must be kept for a period of at least three

(3) years, as required by 27 C.F.R., Chapter 1, and shall include:

1. The date;

2. The number of the invoice, manifest, bill of lading or

similar type document; and

3. The total amount of alcoholic beverages purchased, imported,

received, manufactured, produced, sold, delivered or otherwise

disposed of, by such licensee in each transaction.

Each such licensee shall keep and maintain such other records in

detail as the Oklahoma Tax Commission may require.

B. If a manufacturer, brewer, wine and spirits wholesaler, beer

distributor, nonresident seller, retailer, mixed beverage, caterer,

public event or special event licensee has been previously audited

by the Tax Commission with an audit finding that the licensee

correctly reported and kept sufficient records for audit purposes,

the next subsequent audit shall be limited to records kept for one

(1) year prior to the date of such audit; provided, however, if an

audit finding determines that the licensee incorrectly reported or

failed to keep sufficient records for audit purposes, then the audit

shall not be limited by the provisions of this subsection. If any

audit limited by the provisions of this subsection determines that

the licensee has incorrectly reported or failed to keep sufficient

records for audit purposes, then the licensee shall no longer be

eligible for limited audits.
Okla. Stat. tit. 37A, § 37A-1-111 — OK Code / Title 37A / Section 37A-1-111
State officers and employees - Involvement in alcoholic
Status: in_force

beverage business - State lodges.

A. Employees of the State of Oklahoma and its political

subdivisions are hereby permitted to obtain licenses from the ABLE

Commission and to be involved in the alcoholic beverage business

unless such involvement and licensing is prohibited by law.

B. The following officers and employees of the State of

Oklahoma and its political subdivisions are hereby prohibited from

engaging in the alcoholic beverage business:

1. All judges, district attorneys, assistant district attorneys

and any public official who sits in a judicial capacity with

jurisdiction over the Oklahoma Alcoholic Beverage Control Act;

2. With the exception of those peace officers who are working

as off-duty security, all employees certified as peace officers

engaging in law enforcement activities; and

3. All employees of the Oklahoma Tax Commission who engage in

the auditing, enforcement and collection of alcoholic beverage

taxes.

C. The holding of membership or elective or appointed office in

fraternal organizations which obtain mixed beverage or bottle club

licenses by employees of the state or a political subdivision shall

not be considered to be engagement in the alcoholic beverage

business.

D. If the voters of a county in which a state lodge is located

approve sale of alcoholic beverages by the individual drink for on-

premises consumption, then such sale of alcoholic beverages on the

premises of such lodge shall be authorized if a license for such

sale, issued pursuant to the provisions of the Oklahoma Alcoholic

Beverage Control Act, is obtained. Provided, further, that a bottle

club may be licensed on the premises of a state lodge located in a

county where sale of alcoholic beverages by the individual drink for

on-premises consumption is not authorized.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 25

E. The provisions of subsection D of this section shall not

prohibit the state or a political subdivision of the state from

leasing a public building or facility to a person who obtains a

mixed beverage license, bottle club license, special event license,

contracts for the services of a licensed caterer or subleases the

building or facility to a person who obtains a mixed beverage

license, bottle club license, special event license or contracts for

the services of a licensed caterer.

F. Provided, that nothing in this section shall prohibit the

sale of alcoholic beverages legally confiscated as provided by law.
Okla. Stat. tit. 37A, § 37A-5-113 — OK Code / Title 37A / Section 37A-5-113
Furnishing of permits prior to selling or purchasing
Status: in_force

alcoholic beverages - Itemized and verified record of monthly sales

or purchases.

A. The Oklahoma Tax Commission, as provided by the Uniform Tax

Procedure Code, may issue a distributor permit or wholesaler permit

to any person who sells alcoholic beverages to a wine and spirits

wholesaler or beer distributor or to any person having a wholesaler

license.

B. Each wholesaler or beer distributor shall furnish a copy of

the wholesaler or distributor permit to manufacturers, brewers,

importers, brokers and others who sell alcoholic beverages prior to

purchasing alcoholic beverages from a holder of a wholesaler or

distributor permit. Each manufacturer, brewer, importer, broker and

other who sells alcoholic beverages shall furnish a copy of the

wholesaler or distributor permit to the wine and spirits wholesaler

or beer distributor prior to selling alcoholic beverages to a

wholesaler or distributor.

C. Holders of distributor permits or wholesaler permits shall

maintain an itemized and verified record for the preceding calendar

month of all sales or purchases of alcoholic beverages and shall

transmit the verified record to the Tax Commission on or before the

tenth day of each month, upon a form prescribed and furnished by the

Tax Commission. Permit holders shall maintain records of sales and

purchases of alcoholic beverages for three (3) years.
Okla. Stat. tit. 37A, § 37A-2-138 — OK Code / Title 37A / Section 37A-2-138
Mixed beverage, beer and wine, caterer, special event,
Status: in_force

public event or airline/railroad/commercial vessel licensees -

Restrictions on purchasing alcoholic beverages.

The holder of a mixed beverage, beer and wine, caterer, special

event, public event or airline/railroad/commercial vessel beverage

license shall purchase alcoholic beverages only from a licensed wine

and spirits wholesaler or beer distributor, or as otherwise

specifically provided by law; provided, the holder of a mixed

beverage, beer and wine, caterer or special event license issued for

an establishment which is also a restaurant may purchase wine

produced at small farm wineries or beer produced at small breweries

in this state directly from a winemaker or craft brewer as provided

in Article XXVIIIA of the Oklahoma Constitution.

A wine and spirits wholesaler, beer distributor or a holder of a

small brewer self-distribution license or brewpub self-distribution

license may deliver such products to licensees authorized to sell

alcoholic beverages for on-premises consumption; provided, such

licensees may also pick up alcoholic beverage orders if they hold a

private carrier license issued by the ABLE Commission.
Okla. Stat. tit. 37A, § 37A-7-107 — OK Code / Title 37A / Section 37A-7-107
Authorized licensees
Status: in_force

This act shall only grant authorization to holders of State of

Oklahoma mixed beverage liquor licenses or caterer licenses but not

to licensees that simultaneously hold any licensure or privilege to

manufacture alcoholic liquors or beverages within or outside of the

State of Oklahoma.
Okla. Stat. tit. 37A, § 37A-7-101 — OK Code / Title 37A / Section 37A-7-101
Short title - Oklahoma Cocktails To Go Act of 2021
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Cocktails To Go Act of 2021".
Okla. Stat. tit. 37A, § 37A-2-111 — OK Code / Title 37A / Section 37A-2-111
Bottle club license
Status: in_force

A bottle club license shall authorize the holder thereof to

store, possess and mix alcoholic beverages belonging to members of

the club and to serve such alcoholic beverages for on-premises

consumption to club members. A bottle club license shall only be

issued in counties of this state where the sale of alcoholic

beverages by the individual drink for on-premises consumption has

not been authorized. A separate license shall be required for each

place of business.
Okla. Stat. tit. 37A, § 37A-7-102 — OK Code / Title 37A / Section 37A-7-102
Definitions
Status: in_force

As used in this act:

1. “Cocktail” or “mixed drink” means any beverage obtained by

combining ingredients alcoholic in nature, whether brewed,

fermented, or distilled, with ingredients nonalcoholic in nature,

such as, but not limited to, fruit juice, lemonade, cream, or a

carbonated beverage;

2. “Single-serve wine” means a bottle or sealed container,

containing seven (7) fluid ounces, or less, of wine;

3. “Original container” means, for the purposes of the Oklahoma

Cocktails To Go Act of 2021 only, a container that is filled, sealed

and secured with a tamper-evident lid or cap by the original

manufacturer of the mixed drink or by a mixed beverage licensee’s or

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 208

caterer licensee’s employee at the mixed beverage licensee’s or

caterer licensee’s location;

4. “Sealed container” means a rigid container that contains a

mixed drink, is new, has never been used, has a secured lid or cap

designed to prevent consumption without removal of the lid or cap

and is tamper evident. Sealed container does not include a

container with a lid with sipping holes or openings for straws or a

container made of plastic, paper or polystyrene foam; and

5. “Tamper evident” means a lid or cap that has been sealed

with tamper-evident covers, including, but not limited to, wax dip

or heat-shrink wrap.
Okla. Stat. tit. 37A, § 37A-3-105 — OK Code / Title 37A / Section 37A-3-105
Wineries - Shipping to other states - Monthly report of
Status: in_force

shipments.

A. Oklahoma wineries may ship products manufactured in the

state to consumers in other states, so long as the recipient is of

legal age and the laws of the recipient's state allow such

shipments.

B. Oklahoma wineries that ship products to consumers in other

states shall submit a monthly report of all shipments to the ABLE

Commission. The report shall contain the name, address and age of

the recipient and shall list the common carrier used to ship the

product. The contents of the reports shall be a matter of public

record and shall be made available to the public as well as any law

enforcement or regulatory official in Oklahoma or another state.

The manufacturer shall also keep a copy of all such reports on its

premises for a period of not less than five (5) years and shall make

those reports available for inspection by any law enforcement

officer of any state or federal agency upon request.
Okla. Stat. tit. 37A, § 37A-3-107 — OK Code / Title 37A / Section 37A-3-107
Scope of statutory regulation for sales and
Status: in_force

distribution of designated brands of beer.

A. In order to provide for regulation of the sales and

distribution of beer in this state by the ABLE Commission, this

Legislature hereby declares it is necessary to implement the

section.

B. Statutory regulation of the sales and distribution of

designated brands in designated territories by distributors shall

include but not be limited to:

1. A requirement for written distributor agreements between a

brewer and distributor designating a specific territory within which

the distributor may sell the designated brands of the brewer;

2. Provisions for prohibited acts applicable to the distributor

and brewer; and

3. Provisions for penalties for violations.
Okla. Stat. tit. 37A, § 37A-6-129 — OK Code / Title 37A / Section 37A-6-129
Powdered alcohol - Unlawful use, purchase, sale or
Status: in_force

possession.

A. As used in this section, "powdered alcohol" means alcohol

prepared or sold in a powder form for either direct use or

reconstitution.

B. It is unlawful for any person or licensee to use, offer for

use, purchase, offer to purchase, sell, offer to sell or possess

powdered alcohol.

C. It is unlawful for a holder of a license pursuant to the

provisions of this title for on-premises or off-premises consumption

of alcoholic beverages to use powdered alcohol as an alcoholic

beverage.

D. Any person or license holder that violates this section

shall, upon conviction, be guilty of and punished as follows:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 205

1. For a first offense, a misdemeanor punishable by a fine of

not more than Three Hundred Dollars ($300.00), or by imprisonment

for not more than thirty (30) days, or by both;

2. For a second offense, a misdemeanor punishable by a fine of

not more than Seven Hundred Fifty Dollars ($750.00), or by

imprisonment for not more than six (6) months, or by both; or

3. For a third or subsequent offense, a D3 felony offense

punishable by a fine of not more than Three Thousand Dollars

($3,000.00), or by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or by

both.
Okla. Stat. tit. 37A, § 37A-2-161 — OK Code / Title 37A / Section 37A-2-161
Curbside pickup and delivery
Status: in_force

A. Retail spirit licensees may sell curbside and deliver

alcoholic beverages including beer, wine, and spirits in sealed

original containers to consumers aged twenty-one (21) years and

older as follows:

1. Only employees of the retail spirit licensee shall be

permitted to make alcoholic beverage product deliveries to

consumers;

2. Payment for alcoholic beverage product delivery by the

retail spirit licensee may be made by cash, check, transportable

credit/debit card processors or advance on-line payment methods; and

3. The retail spirit licensee shall be responsible for his or

her delivery employees as provided in Section 2-133 of Title 37A of

the Oklahoma Statutes.

B. Small brewers and small farm wineries licensed by the

Oklahoma ABLE Commission may sell curbside only alcoholic beverages

produced by such licensee in sealed original containers to consumers

aged twenty-one (21) years and older as follows:

1. Only employees of the licensed small brewer or small farm

winery shall be permitted to make alcoholic beverage product

deliveries to consumers;

2. Payment for alcoholic beverage product delivery by licensed

small brewers or small farm wineries may be made by cash, check,

transportable credit/debit card processors, or advance on-line

payment methods; and

3. Small brewers and small farm wineries shall be responsible

for their delivery employees as provided in Section 2-133 of Title

37A of the Oklahoma Statutes.

C. Restaurants, bars and clubs holding mixed beverage, beer and

wine, or caterer/mixed beverage licenses issued by the Oklahoma ABLE

Commission may sell curbside and deliver only closed packages of

beer and wine to consumers aged twenty-one (21) years and older as

follows:

1. Only employees of such restaurant, bar or club licensee

shall be permitted to make alcoholic beverage package deliveries to

consumers;

2. Payment for alcoholic beverage package delivery by licensed

restaurants, bars and clubs may be made by cash, check,

transportable credit/debit card processors, or advance on-line

payment methods; and

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 93

3. Restaurants, bars and clubs licensed by the Oklahoma ABLE

Commission shall be responsible for their delivery employees as

provided in Section 2-133 of Title 37A of the Oklahoma Statutes.

D. Grocery and convenience stores holding a retail beer and/or

retail wine license issued by the Oklahoma ABLE Commission may sell

curbside and deliver original sealed containers of beer and/or wine

only according to the license held to consumers aged twenty-one (21)

years and older as follows:

1. Only employees of such licensed grocery or convenience store

shall be permitted to make alcoholic beverage product deliveries to

consumers;

2. Payment for alcoholic beverage product delivery by a

licensed grocery or convenience store may be made by cash, check,

transportable credit/debit card processors or advance on-line

payment methods; and

3. Grocery and convenience store licensees shall be responsible

for their delivery employees as provided in Section 2-133 of Title

37A of the Oklahoma Statutes.

E. Licensees authorized by this section to make alcoholic

beverage product deliveries to consumers are prohibited from

utilizing third-party vendors or delivery services for purposes of

completing such product deliveries to consumers.

F. Licensees authorized by this section to make alcoholic

beverage product deliveries to consumers shall comply with the laws,

rules, procedures and executive orders incumbent on such licensee.

G. The Oklahoma ABLE Commission is authorized to promulgate

rules, regulations, forms and procedures necessary to implement and

enforce the provisions of this section.

H. For purposes of this section each delivery authorized by a

licensee to be made by his or her employee shall be deemed a direct

hand-to-hand sale as though the consumer was physically present on

the licensed premises and authorized by law by such licensee.
Okla. Stat. tit. 37, § 37-600.1 — OK Code / Title 37 / Section 37-600.1
Renumbered as § 1-229.11 of Title 63 by Laws 2016, c
Status: in_force

366, § 170, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-5-129 — OK Code / Title 37A / Section 37A-5-129
Oklahoma Viticulture and Enology Center Development
Status: in_force

Revolving Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Department of Agriculture, Food, and Forestry

to be designated the "Oklahoma Viticulture and Enology Center

Development Revolving Fund".

B. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies distributed to the

fund:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 167

1. From the apportionment provided in paragraph 1 of Section

107 of this act; and

2. From any other source in accordance with state and federal

law.

C. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

the purpose of:

1. Establishing a Viticulture and Enology Center on the campus

of Redlands Community College;

2. Developing viticulture-related and enology-related education

programs;

3. Developing technologies, strategies or practices that aid in

the production of grapes and wine in Oklahoma; and

4. Increasing the positive economic impact of the Oklahoma wine

industry on this state.

D. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 37A, § 37A-5-133 — OK Code / Title 37A / Section 37A-5-133
Refilling of containers prohibited - Infused drinks
Status: in_force

requirements.

A. No holder of a mixed beverage, beer and wine, caterer,

special event, public event or airline/railroad beverage license

shall refill with any substance a container which contained any

alcoholic beverage on which the tax levied by Section 104 of this

act has been paid.

B. A mixed beverage licensee shall not be prohibited from

preparing and selling infused drinks on the licensed premises,

provided the licensee complies with this section. "Infusion" is the

process in which a distilled spirit has one or more ingredients

including but not limited to fruits, vegetables, spices or nuts

added to the distilled spirit. Provided, it shall not be lawful for

a distilled spirit to be infused with any hallucinogenic substances

or to have pure or supplemental caffeine or other stimulants added,

including but not limited to guarana, ginseng or taurine. A mixed

beverage licensee who prepares and sells infused drinks shall comply

with the following requirements:

1. The infusion shall be mixed and stored on the licensed

premises;

2. The container that the infusion is stored in cannot exceed

five (5) gallons, must have a lid, and be maintained in sanitary

condition;

3. The infusion shall not be aged more than fourteen (14) days;

4. The infusion must be used or destroyed within twenty-one

(21) days after the end of the aging process;

5. Cleaning reports for the container must be available for

inspection by the ABLE Commission; and

6. The container in which the infusion is stored must have a

label affixed to the container that provides the production date of

the infusion, the base spirit of the infusion, the date the infusion

will finish the aging process and the date in which the infusion

must be destroyed.
Okla. Stat. tit. 37A, § 37A-1-102 — OK Code / Title 37A / Section 37A-1-102
Policy and scope of act
Status: in_force

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 5

A. The purpose of the Oklahoma Alcoholic Beverage Control Act

is to implement the provisions of Article XVIIIA of the Oklahoma

Constitution, as referred to the people for their approval or

rejection by the Secretary of State pursuant to the provisions of

Enrolled Senate Joint Resolution No. 68 of the 2nd Session of the

55th Oklahoma Legislature. The Legislature hereby declares that the

Oklahoma Alcoholic Beverage Control Act is deemed to be a code,

digest or revision of statutes pursuant to the provisions of Section

57 of Article V of the Oklahoma Constitution.

B. All alcoholic beverages as herein defined except alcohol

produced for use as a motor fuel under a permit issued by the

Oklahoma State Department of Agriculture, Food, and Forestry shall

be subject to the provisions of the Oklahoma Alcoholic Beverage

Control Act.
Okla. Stat. tit. 37A, § 37A-5-121 — OK Code / Title 37A / Section 37A-5-121
Nonresident seller license - Monthly itemized and
Status: in_force

verified report of shipments and sales.

Every holder of a nonresident seller license, when applicable,

shall make and transmit to the Oklahoma Tax Commission, on or before

the tenth day of each month upon a form prescribed and furnished by

the Tax Commission, an itemized and verified report for the

preceding calendar month, showing each shipment or sale of alcoholic

beverages into Oklahoma. Such report shall show:

1. The date of the shipment;

2. The total quantity of the shipment;

3. The name and ABLE Commission license number of the Oklahoma

purchaser; and

4. The manifest, bill of lading or invoice number of each

shipment.

Such report shall be accompanied by duplicate original copies of

each manifest, invoice, bill of lading or other document showing the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 162

details, including the proof of all spirits, of all shipments during

such calendar month.
Okla. Stat. tit. 37A, § 37A-2-107 — OK Code / Title 37A / Section 37A-2-107
Wine and spirits wholesaler license
Status: in_force

A. A wine and spirits wholesaler license shall authorize the

holder thereof:

1. To purchase and import into this state spirits and wines

from persons authorized to sell same who are the holders of a

manufacturer or nonresident seller license, and their agents who are

the holders of manufacturer's agent licenses;

2. To purchase spirits and wines from licensed distillers,

rectifiers and winemakers in this state;

3. To purchase spirits and wines from licensed wholesalers, to

the extent set forth in subsections B and C of this section;

4. To sell in retail containers in this state to retailers,

mixed beverage, caterer, special event, public event, hotel beverage

or airline/railroad beverage licensees, spirits and wines which have

been received and unloaded at the bonded warehouse facilities of the

wholesaler before such sale;

5. To sell to licensed wholesalers, to the extent set forth in

subsections B and C of this section, spirits and wines which have

been received and unloaded at the bonded warehouse facilities of the

wholesaler before such sale;

6. To sell spirits and wines out of this state to qualified

persons; and

7. To sell to licensed distillers spirits that were

manufactured by that distiller and which have been received and

unloaded at a bonded warehouse facility of a wholesaler before such

sale.

Provided, however, sales of spirits and wine in containers with

a capacity of less than one-twentieth (1/20) gallon by a holder of a

wholesaler license shall be in full case lots and in the original

unbroken case. Wholesalers shall be authorized to place such signs

outside their place of business as are required by Acts of Congress

and by such laws and regulations promulgated under such Acts.

B. A wholesaler may sell spirits and wine to other wholesalers

or purchase spirits and wines from other wholesalers without

complying with subsection A of this section in the case of the sale,

purchase or other transfer or acquisition of the entire business of

a wholesaler including the inventory of spirits and wine.

C. A wholesaler license shall authorize the holder thereof to:

1. Maintain not more than three (3) self-owned or leased and

self-operated bonded warehouses within this state. All invoices

shall be stored at the principal place of business for which the

wholesaler license was granted; and

2. Accept as payment cash, personal check, cashier's check,

money order or electronic fund transfer from persons licensed to

purchase alcoholic beverages; provided, a wholesaler shall not be

permitted to accept payment by credit card.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 39
Okla. Stat. tit. 37A, § 37A-4-106 — OK Code / Title 37A / Section 37A-4-106
Enforcement of the Oklahoma Alcoholic Beverage Control
Status: in_force

Act.

All sheriffs, marshals and police officers, all district and

city or town attorneys and all employees of the ABLE Commission,

shall diligently enforce all provisions of the Oklahoma Alcoholic

Beverage Control Act. If any such person shall fail or refuse to do

or perform any duty required by the provisions of such statutes, he

or she shall be removed from office as hereinafter provided. In all

cases where any sheriff, marshal, police officer, district or city

or town attorney shall fail or refuse to perform any such duty, a

petition shall be filed in the district court of the county wherein

such person resides, in the name of the state, upon the

recommendation of a grand jury or on the relation of the board of

county commissioners or of any attorney appointed by the Governor

under the provisions of applicable statutes. In all cases where an

employee of the ABLE Commission fails to perform any duty imposed

upon him or her, such failure shall constitute cause for the

termination of any such employee as provided by law. The Oklahoma

State Bureau of Investigation and the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control shall also have enforcement

authority for the provisions of the Oklahoma Alcoholic Beverage

Control Act with the power to initiate complaints with the ABLE

Commission and by filing charges, if appropriate, with the district

attorney in the county where the violation occurred.
Okla. Stat. tit. 37A, § 37A-5-104 — OK Code / Title 37A / Section 37A-5-104
Distribution of excise tax revenue
Status: in_force

All revenue accruing from the excise tax levied by Section 104

of this act shall be collected by the Oklahoma Tax Commission and

distributed as follows:

1. Two-thirds of ninety-seven percent (2/3 of 97%) of such tax

revenue shall be paid to the State Treasurer and placed to the

credit of the General Revenue Fund of the state; provided, any

amounts derived from the tax levied pursuant to paragraphs 2 and 3

of subsection A of Section 104 of this act that exceed an amount

equal to the total amount collected from such tax levy for the

fiscal year ending on June 30, 2010, shall be distributed to the

Oklahoma Viticulture and Enology Center Development Revolving Fund

created pursuant to Section 132 of this act, but in no event shall

the distribution to the Oklahoma Viticulture and Enology Center

Development Revolving Fund in any fiscal year exceed Three Hundred

Fifty Thousand Dollars ($350,000.00);

2. One-third of ninety-seven percent (1/3 of 97%) of such

revenue is hereby allocated to the counties of this state and shall

be paid to the county treasurers on the basis of area and population

(giving equal weight to area and population) wherein the sale of

alcoholic beverages is lawful, and all of such funds shall be

appropriated by the county commissioners of each county and

apportioned by the county treasurer to all incorporated cities and

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 148

towns in the county on the basis of population within each city and

town on a per capita basis based on the last preceding Federal

Decennial Census. For the purpose of appropriating and paying the

excise taxes collected under the Oklahoma Alcoholic Beverage Control

Act, or any act which is amendatory thereof or supplemental thereto,

to the incorporated cities and towns in any county, city or town,

the corporate limits of which include territory within more than one

county, shall be considered and treated as being a city or town in

only the county within which more than fifty percent (50%) of the

entire population of such city or town, as shown by the last

preceding Federal Decennial Census, reside, and, for such purpose,

shall not be considered or treated as being a city or town in any

other county. In the event that the last preceding Federal

Decennial Census fails to disclose information from which such fact

may be determined by the board of county commissioners which is

appropriating the tax money then involved to the cities and towns in

its county, the board of county commissioners shall make an

estimate, from the best information then available to it, as to the

percentage of the entire population of such city or town then

residing in the county. If such board of county commissioners

determines, either from information disclosed by the last preceding

Federal Decennial Census, or from the best information then

available to the ABLE Commission (when such information is not

disclosed by the last preceding Federal Decennial Census), that more

than fifty percent (50%) of the population of such a city or town

resides in that county, such city or town shall receive its pro rata

share of such tax money on the basis of its entire population

according to the last preceding Federal Decennial Census; but if

such board of county commissioners so determines that more than

fifty percent (50%) of the population of such city or town does not

reside in that county, no part of such tax money shall be

appropriated or paid to such city or town; and

3. The remaining three percent (3%) of such excise tax revenue

shall be paid to the State Treasurer and placed to the credit of the

Oklahoma Tax Commission Fund to be paid out of the fund pursuant to

appropriations made by the State Legislature.
Okla. Stat. tit. 37A, § 37A-1-109 — OK Code / Title 37A / Section 37A-1-109
Powers and authority of peace officers
Status: in_force

A. The members of the ABLE Commission, the Director and such

agents and inspectors as the ABLE Commission appoints in writing

shall have all the powers and authority of peace officers of this

state for the purpose of enforcing the provisions of the Oklahoma

Alcoholic Beverage Control Act.

B. The Director or any agent or inspector duly appointed, as

provided in subsection A of this section, shall be authorized to

arrest violators for offenses against laws of this state committed

in the presence of the Director or such agents or inspectors, and

further, upon the request of a sheriff or another peace officer of

this state or any political subdivision thereof, assist in

apprehension and arrest of a violator or suspected violator of any

of the laws of this state.

C. 1. A commissioned employee of the ABLE Commission shall be

entitled to receive, upon retirement by reason of length of service,

the continued custody and possession of the sidearm and badge

carried by such employee immediately prior to retirement;

2. A commissioned employee of the ABLE Commission may be

entitled to receive, upon retirement by reason of disability, the

continued custody and possession of the sidearm and badge carried by

such employee immediately prior to retirement, upon approval of the

Director;

3. Custody and possession of the sidearm and badge of a

commissioned employee of the ABLE Commission, killed in the line of

duty, may be awarded by the Director to the spouse or next of kin of

the deceased employee.
Okla. Stat. tit. 37, § 37-600.10A — OK Code / Title 37 / Section 37-600.10A
Renumbered as § 1-229.21 of Title 63 by Laws 2016, c
Status: in_force

366, § 179, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-3-118 — OK Code / Title 37A / Section 37A-3-118
Retail sales of alcoholic beverages - Minimum price
Status: in_force

markup – Exceptions.

No alcoholic beverages intended for off-premise or on-premise

consumption shall be sold at retail for less than a six percent (6%)

markup, unless the sale meets one or more of the following

conditions:

1. Where seasonable merchandise is sold in bona fide clearance

sales, if advertised, marked and sold as such;

2. Where merchandise is imperfect or damaged or is being

discontinued and is advertised, marked and sold as such;

3. Where merchandise is sold upon the final liquidation of any

business;

4. Where merchandise is sold for charitable purposes or to

relief agencies;

5. Where merchandise is sold on contract to departments of the

government or governmental institutions;

6. Where merchandise is sold by any officer acting under the

order or direction of any court; or

7. Where merchandise is sold at any bona fide auction sale.
Okla. Stat. tit. 37A, § 37A-2-133 — OK Code / Title 37A / Section 37A-2-133
Licensees authorized to deliver, and bottle club or
Status: in_force

mixed beverage, beer and wine, caterer, public event, charitable

event or special event licensees - Responsibility for violations.

Each licensee authorized to deliver alcoholic beverage products

to consumers in Section 1 of this act and each bottle club or mixed

beverage, beer and wine, caterer, public event, charitable event or

special event licensee shall be held responsible for violation of

any alcoholic beverage law or administrative rule of the ABLE

Commission affecting his or her license privileges and for any act

or omission of his or her servant, agent, employee or representative

in violation of any law, municipal ordinance or administrative rule

affecting his or her license privileges.
Okla. Stat. tit. 37A, § 37A-2-143.1 — OK Code / Title 37A / Section 37A-2-143.1
Promulgation of rules for employee license payment
Status: in_force

plans.

Notwithstanding any provision to the contrary, the Alcoholic

Beverage Laws Enforcement (ABLE) Commission shall promulgate rules

for employee license payment plans or may recommend changes in

legislation as may be necessary to allow for large corporate

employers to pay for its employee alcohol licenses through either a

purchase card, national credit card, draw account or other method of

corporate payment provided the employer is otherwise qualified under

the standards established by rule and has requested that ABLE

provide an employee license payment plan.
Okla. Stat. tit. 37A, § 37A-6-115 — OK Code / Title 37A / Section 37A-6-115
Operation of whiskey still with intent to produce
Status: in_force

alcoholic beverages - Distiller business without distiller's license

– Penalties.

Any person who shall operate a whiskey still with intent to

produce alcoholic beverages or any person who shall carry on the

business of a distiller without possessing a valid and existing

distiller's license issued pursuant to the provisions of the

Oklahoma Alcoholic Beverage Control Act shall be guilty of a Class

D3 felony offense and, upon conviction, be fined not less than Two

Thousand Five Hundred Dollars ($2,500.00) nor more than Five

Thousand Dollars ($5,000.00), or imprisoned as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.
Okla. Stat. tit. 37A, § 37A-2-135 — OK Code / Title 37A / Section 37A-2-135
Manufacturer's license - Nonresident seller license
Status: in_force

A. All distillers, winemakers, and spirits manufacturers,

importers, brokers and others seeking to sell wine and spirits in

Oklahoma, regardless of whether such sales are consummated within or

without the state, must either obtain a manufacturer's license or

contract with a person that maintains a nonresident seller license

in order to sell wine and spirits intended for consumption within

the State of Oklahoma.

A manufacturer's license or nonresident seller license shall

authorize the holder thereof to solicit and take orders for wine and

spirits from the holders of licenses authorized to import the same

into this state, and to ship or deliver, or cause to be shipped or

delivered, wine and spirits into Oklahoma pursuant to such sales.

B. The ABLE Commission may, subject to the provisions of the

Oklahoma Alcoholic Beverage Control Act requiring notice and hearing

in the case of sanctions against holders of licenses, suspend or

revoke a brewer's license, manufacturer's license or nonresident

seller license for any violation of the Oklahoma Alcoholic Beverage

Control Act by the holder thereof.

C. No licensee in this state authorized to import alcoholic

beverages into this state shall purchase or receive any alcoholic

beverages from without this state from any person not holding a

valid and existing brewer, small brewer, manufacturer's or

nonresident seller license. Every manufacturer's license or

nonresident seller license shall expire on the June 30 following its

issuance or renewal, and shall be eligible for subsequent renewal

terms of one (1) year beginning on the July 1 following each

expiration. License fees for a new or initial manufacturer's

license or nonresident seller license applied for after July 1 may

be prorated through the following June 30 on a quarterly basis.

D. The holder of a manufacturer's license or nonresident seller

license shall, promptly upon consignment of any wine and spirits to

an importer in Oklahoma, forward to the ABLE Commission a true copy

of the invoice, bill of lading or other document as the ABLE

Commission may by rule prescribe, showing the details of such

shipment.

E. Any person, not otherwise a dealer in alcoholic beverages,

coming into possession of any alcoholic beverages as security for or

in payment of a debt, or as an insurer or its transferee or assignee

for the salvage or liquidation of an insured casualty or damage or

loss, or as an executor, administrator, trustee or other fiduciary,

may sell the beverages in one lot or parcel to a duly licensed

wholesaler or beer distributor at an agreed-upon price without

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 65

regard to current posted prices. However, immediately after taking

possession of the alcoholic beverages, the person shall register

with the Director and furnish a detailed list of the alcoholic

beverages and post with the Director a bond in such amount as the

Director deems sufficient to protect the state from any taxes due on

the alcoholic beverages. The person shall pay to the Director a

registration fee of Fifty Dollars ($50.00), which fee shall permit

the sale of only the alcoholic beverages detailed in the

registration request. A wholesaler or beer distributor receiving a

lot or parcel of alcoholic beverages pursuant to this subsection may

sell it in one lot or parcel or more than one lot or parcel to a

licensed package store or mixed beverage licensee or more than one

licensed package store or mixed beverage licensee at an agreed-upon

price without regard to current posted prices; provided, the total

of the lots sold by the wholesaler or beer distributor shall not

exceed four (4) lots.
Okla. Stat. tit. 37A, § 37A-6-123 — OK Code / Title 37A / Section 37A-6-123
Selling alcoholic beverages during unauthorized day or
Status: in_force

hours – Penalties.

Any person selling or keeping a package store open to sell any

alcoholic beverage during any day or hours not authorized by the

Oklahoma Alcoholic Beverage Control Act, and any person selling or

permitting the sale of alcoholic beverages at a grocery store,

convenience store or drug store during any day or hours not

authorized by the Oklahoma Alcoholic Beverage Control Act shall be

guilty of a misdemeanor for a first violation, and upon conviction

shall be fined not more than Five Hundred Dollars ($500.00), or

imprisoned in the county jail for not more than one (1) year, or by

both such fine and imprisonment. Any person convicted of a second

or subsequent violation shall be guilty of a Class D1 felony

offense, and shall be fined not less than Two Thousand Five Hundred

Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00),

or imprisoned as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment. The ABLE Commission shall revoke the license of any

person convicted of a violation of this section.
Okla. Stat. tit. 37, § 37-600.9 — OK Code / Title 37 / Section 37-600.9
Renumbered as § 1-229.19 of Title 63 by Laws 2016, c
Status: in_force

366, § 177, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-2-137 — OK Code / Title 37A / Section 37A-2-137
Restriction against additional licenses or permits
Status: in_force

outside of this Act.

Except as provided in Sections 101 and 102 of this act with

respect to cities, towns and counties, and except as may be provided

under Title 68 of the Oklahoma Statutes with respect to the Oklahoma

Tax Commission, no license or permit other than licenses as provided

under the Oklahoma Alcoholic Beverage Control Act shall be required

of any licensee by any agency, instrumentality or political

subdivision of this state to engage in any activity covered by the

Oklahoma Alcoholic Beverage Control Act anywhere within the State of

Oklahoma and no agency, instrumentality or political subdivision of

this state shall interfere with the regulation of the ABLE

Commission, or the performance of a wholesaler with respect to the

sale, distribution, possession, handling or marketing of alcoholic

beverages on any premises of any licensee as defined in Section 3 of

this act.
Okla. Stat. tit. 37A, § 37A-3-115 — OK Code / Title 37A / Section 37A-3-115
Withdrawal of beer from retailer's stock
Status: in_force

A. To assure and control quality, a beer distributor or a

holder of a small brewer self-distribution license or brewpub self-

distribution license, at the time of a regular delivery, may

withdraw with the permission of the retailer, a quantity of beer or

cider in undamaged original packaging from the retailer's stock if:

1. The beer distributor or holder of a small brewer self-

distribution license or brewpub self-distribution license replaces

the stock with beer or cider of equivalent value brands, quantities,

packaging and alcohol by volume as the beer or cider withdrawn; or

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 119

2. The stock is withdrawn before the date, or immediately after

the date, considered by the brewer of the product to be the date the

product becomes inappropriate for sale to a consumer.

B. The provisions of this section shall not apply to beer or

cider that:

1. Has suffered damage at the retail licensee's location,

regardless of the date upon which the product becomes inappropriate

for sale to a consumer. Beer distributors, small brewer self-

distributors and brewpub self-distributors are prohibited from

giving a refund for or replacing beer or cider that was damaged

while in the possession of the retail licensee. Retail licensees

are prohibited from requesting or requiring the beer distributor,

small brewer self-distributor and brewpub self-distributor to remove

such damaged product as a condition of continued business with the

retail licensee; or

2. Has a date for recommended use that expired prior to October

1, 2018. Retail licensees and brewers are prohibited from

requesting or requiring the beer distributor, small brewer self-

distributor and brewpub self-distributor to remove such expired beer

or cider as a condition of continued business with the retail

licensee or brewer.

C. A consignment sale of beer is not authorized under this

section.
Okla. Stat. tit. 37A, § 37A-7-106 — OK Code / Title 37A / Section 37A-7-106
Licensee responsibility for violations
Status: in_force

Each licensee authorized to deliver cocktails, mixed drinks or

single-serve wine to consumers pursuant to this act shall be held

responsible for violation of any alcoholic beverage law or rule of

the Alcoholic Beverage Laws Enforcement Commission affecting his or

her license privileges and for any act or omission of his or her

servant, agent, employee or representative in violation of any law,

municipal ordinance or administrative rule affecting his or her

license privileges.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 210
Okla. Stat. tit. 37A, § 37A-5-127 — OK Code / Title 37A / Section 37A-5-127
County excise boards - Yearly revenue estimates
Status: in_force

The county excise board of each county in the state, in

approving the estimates of needs for cities and towns for each

fiscal year, shall make reasonable estimates of the revenue to be

derived under the provisions of the Oklahoma Alcoholic Beverage

Control Act.
Okla. Stat. tit. 37A, § 37A-2-122 — OK Code / Title 37A / Section 37A-2-122
Industrial license
Status: in_force

A. An industrial license may be issued to persons desiring to

import, transport and use alcohol for the following purposes:

1. Manufacture of patent, proprietary, medicinal,

pharmaceutical, antiseptic and toilet preparations;

2. Manufacture of extracts, syrups, condiments and food

products; and

3. For use in scientific, chemical, mechanical, industrial and

medicinal products and purposes.

B. No other provisions of the Oklahoma Alcoholic Beverage

Control Act shall apply to alcohol intended for industrial, medical,

mechanical or scientific use.

C. Any person receiving alcohol under authority of an

industrial license who shall use, permit or cause same to be used

for purposes other than authorized purposes specified above, and all

such alcohol, shall be liable to all provisions of the Oklahoma

Alcoholic Beverage Control Act, including payment of tax thereon.

D. No provisions of the Oklahoma Alcoholic Beverage Control Act

shall apply to alcohol withdrawn by any person free of federal tax

under a tax-free permit issued by the United States government, if

such alcohol is received, stored and used as authorized by federal

laws.
Okla. Stat. tit. 37A, § 37A-2-144 — OK Code / Title 37A / Section 37A-2-144
Information to be furnished by limited liability
Status: in_force

company applicants.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 75

A. Any limited liability company, formed as provided for in the

Limited Liability Company Act, may apply for a mixed beverage, beer

and wine, bottle club, caterer, public event, beer distributor,

retail wine or retail beer license issued pursuant to the Oklahoma

Alcoholic Beverage Control Act. Any limited liability company

applying for a license shall submit to the ABLE Commission, the

following:

1. A Certificate of Good Standing from the Office of the

Secretary of State;

2. The Articles of Organization with all amendments and

corrections filed with the Office of the Secretary of State with

proof that same has been filed in accordance with the Limited

Liability Company Act;

3. The name and address of the resident agent;

4. The name and address of the manager;

5. The operating agreement;

6. A current list of the full name, social security number and

address of each member; and

7. A copy of the issued Certificate of Membership Interest for

each member.

B. A limited liability company licensee shall notify the ABLE

Commission in writing of any change in the manager of the licensed

company within thirty (30) days of the change and shall pay a fee of

One Hundred Dollars ($100.00) for each notification of change.

C. A limited liability company shall notify the ABLE Commission

in writing any time a membership is assigned or members are added or

disassociated within thirty (30) days of the change. The limited

liability company shall pay a fee of One Hundred Dollars ($100.00)

for each notification of change.

D. The ABLE Commission may disapprove a change of manager or

new membership in a licensed liability company if the ABLE

Commission feels that such change would materially affect any

conditions under which the license was issued, such that the license

would not have been issued had such change been in existence at the

time of the original application. If such disapproval occurs, the

ABLE Commission shall notify the licensee in writing and allow a

reasonable time for the licensee to remove such manager or for a

member to be disassociated from the company; provided, a reasonable

time not exceed a ninety-day period following notification of denial

by the ABLE Commission. Failure to comply with the provisions of

this subsection may result in revocation or suspension of such

license.

E. Any person who has been a licensee, a partner in a license,

an officer, director or fifteen percent (15%) or more stockholder of

a corporation holding a license revoked or suspended, pursuant to

the provisions of the Oklahoma Alcoholic Beverage Control Act, shall

not serve as a manager or be a member in a limited liability company

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 76

seeking a license pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act for a period of twelve (12) months

from the date the license was revoked or suspended.

F. Any person who has been a manager, member or participant in

any business entity which was a manager or member of a limited

liability company which has been denied a license or has a license

revoked or suspended, pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act shall not serve as a manager or

member in a limited liability company seeking a license pursuant to

the provisions of the Oklahoma Alcoholic Beverage Control Act for a

period of twelve (12) months from date the license was revoked or

suspended.

G. Any person who has been convicted of a felony for which a

pardon has not been granted shall not be elected as a manager or be

a member of a limited liability company.