Okla. Stat. tit. 37A, § 37A-6-107 — OK Code / Title 37A / Section 37A-6-107
Prohibited acts of special event or caterer licensees
Status: in_force

No special event or caterer licensee shall:

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

person holding a wine and spirits wholesaler or beer distributor

license issued pursuant to the provisions of the Oklahoma Alcoholic

Beverage Control Act; provided, a special event or caterer licensee

may purchase wine produced at small farm wineries or beer produced

by a small brewer in this state directly from a winemaker or small

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 188

brewer as provided in Section 2 of Article XXVIIIA of the Oklahoma

Constitution or in this act; or

2. Transport alcoholic beverages from the place of purchase to

the licensed premises unless the licensee also holds a private

carrier license issued by the ABLE Commission.
Okla. Stat. tit. 37A, § 37A-1-104 — OK Code / Title 37A / Section 37A-1-104
Creation and purpose of ABLE Commission - Members -
Status: in_force

Interim licenses.

A. The Alcoholic Beverage Laws Enforcement Commission created

in Section 1 of Article XXVIII of the Oklahoma Constitution is

hereby re-created. The purpose of the Commission shall be to

enforce the alcoholic beverage laws of the state, and the Commission

shall have such power and authority to enforce such laws, rules and

regulations as shall be prescribed by the Oklahoma Alcoholic

Beverage Control Act.

B. The Commission shall consist of seven (7) members, to be

appointed by the Governor with the advice and consent of the State

Senate; provided, members serving on October 1, 2017, shall continue

to serve until such time as their terms would have expired pursuant

to the provisions of Section 1 of Article XXVIII of the Oklahoma

Constitution. Five of the members shall be at-large members

representing the lay citizenry. The remaining two members shall be

persons with law enforcement experience in this state. Any time

there is a vacancy on the Commission, the Governor shall appoint a

replacement, with the advice and consent of the State Senate, within

ninety (90) days.

C. Members of the Commission shall be appointed for a term of

five (5) years.

D. No more than four members of the Commission shall be

appointed from the same political party. No more than two members

of the Commission shall be appointed from the same federal

congressional district.

E. No member of the Commission shall hold any license

authorized by the Oklahoma Alcoholic Beverage Control Act, or have

any interest in any capacity, in the manufacture, sale, distribution

or transportation of alcoholic beverages.

F. The members of the Commission shall be removable from office

for cause as other officers not subject to impeachment.

G. The Commission shall appoint a Director, whose duties shall

be defined as provided in Section 1-108 of this title.

H. The State of Oklahoma shall take all necessary steps to

ensure the timely implementation of Enrolled Senate Joint Resolution

No. 68 of the 2nd Session of the 55th Oklahoma Legislature, if

approved by the voters. Consistent with this objective, the ABLE

Commission shall have the power to issue interim licenses prior to

October 1, 2018, as follows:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 15

1. Except for the sale of wine or beer to the public, an

interim license shall allow all qualified retail wine and retail

beer licensees to perform all activities permissible under a full

license including but not limited to purchasing, stocking and

storing the wine and/or full-strength beer prior to October 1, 2018.

In order to qualify for an interim license, the licensee must

satisfy all the requirements set forth in Article XXVIII-A of the

Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control

Act. This interim license shall convert to a full license on

October 1, 2018;

2. Package stores may install refrigerated coolers for the

storage of beer and wine prior to October 1, 2018, provided the

refrigerated coolers shall not be used to cool product below room

temperature prior to October 1, 2018; and

3. An interim license shall allow all qualified wine and

spirits wholesalers and beer distributors to perform all activities

permissible under a full license including but not limited to

selling and delivering wine and/or full-strength beer to all

qualified retail wine and retail beer licensees. A wine and spirits

wholesaler that has been designated by a manufacturer as a

distributor of its wine or spirits may post those designated

products by line-item, consistent with Section 3-116.2 of this

title, on September 15, 2018, for sale effective October 1, 2018.

In order to qualify for an interim license, the wine and spirits

wholesaler and beer distributor must comply with the provisions set

forth in Article XXVIII-A of the Oklahoma Constitution and the

Oklahoma Alcoholic Beverage Control Act. The interim license shall

convert to a full license on October 1, 2018.

Provided, however, that a brewer is only permitted to sell beer

or cider to a beer distributor holding a valid interim license

pursuant to this section as follows:

a. such sales may begin no sooner than September 1, 2018,

b. the beer distributor either must be assigned a beer

distributor territory by the brewer pursuant to a

distributor agreement to begin October 1, 2018, or be

a brewer or an affiliate of a brewer that will be

permitted to distribute beer within two territories

pursuant to the provisions of subsection E of Section

3-108 of this title, and

c. the interim license only permits sales to retailers by

the interim licensee either in the distribution

territory as set forth in the distributor agreement or

in the two territories permitted pursuant to the

provisions of subsection E of Section 3-108 of this

title.

I. No retail wine or retail beer licensee may sell wine and/or

beer, other than low-point beer, and no package store may sell

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 16

refrigerated wine and/or beer, prior to October 1, 2018. The sale

or refrigeration of wine and/or beer in violation of this subsection

shall result in the revocation of the interim license and a monetary

fine of Twenty-five Thousand Dollars ($25,000.00).
Okla. Stat. tit. 37A, § 37A-6-122 — OK Code / Title 37A / Section 37A-6-122
Payment of federal tax for liquor dealers prima facie
Status: in_force

evidence.

The payment of the special tax required of liquor dealers by the

United States by any person within this state without a

corresponding state license shall constitute prima facie evidence of

an intention to violate the provisions of the Oklahoma Alcoholic

Beverage Control Act.
Okla. Stat. tit. 37A, § 37A-6-106 — OK Code / Title 37A / Section 37A-6-106
Prohibited acts of bottle club licensees
Status: in_force

No bottle club licensee shall:

1. Use or allow the use of any mark or label on a container of

alcoholic beverage which does not clearly and precisely indicate the

nature of the contents or which might deceive or conceal the nature,

composition, quantity, age or quality of any such beverage;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 187

2. Act as an agent for any bottle club member and purchase any

alcoholic beverage for the member;

3. Use or allow the use of any pool system of storage or

purchase of alcoholic beverages;

4. Allow any person to enter or remain in the designated bar or

lounge area of the club unless that person possesses a valid

membership card for that club issued by the club;

5. Sell any alcoholic beverage;

6. Deliver or furnish to any club member any alcoholic beverage

that does not belong to the member;

7. Serve alcoholic beverages to any person who does not possess

a valid membership card for that club issued by the club;

8. Issue a membership card for the club to a person under

twenty-one (21) years of age; or

9. Allow any person under twenty-one (21) years of age to enter

into, remain within or loiter about the designated bar area of the

licensed premises, except for members of a musical band employed or

hired as provided in paragraph 2 of Section 142 of this act when the

band is to perform within such area.

The prohibition in this subsection against persons under twenty-

one (21) years of age entering or remaining within the designated

bar area of the licensed premises shall not apply if the licensed

premises are closed to the public during a time the premises are

legally permitted to be open for business and the premises are used

for a private party at which alcoholic beverages may be served to

persons twenty-one (21) years of age or older. Any alcoholic

beverages served at a private party on the licensed premises may be

purchased from the licensee at a negotiated price or purchased

privately and served at the private party on the licensed premises.

Any licensee who desires to conduct such a private party shall

notify the ABLE Commission, in writing, at least ten (10) calendar

days prior to the private party. The notification shall include the

date, time and purpose of the private party and any other

information the ABLE Commission may deem necessary.
Okla. Stat. tit. 37A, § 37A-6-105 — OK Code / Title 37A / Section 37A-6-105
Prohibited acts of mixed beverage, public event,
Status: in_force

special event or on-premises beer and wine licensees.

No mixed beverage, public event, special event or on-premises

beer and wine licensee shall:

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

person holding a wine and spirits wholesaler or beer distributor

license issued pursuant to the Oklahoma Alcoholic Beverage Control

Act; provided, a mixed beverage or on-premises beer and wine

licensee whose premises are a restaurant may purchase wine produced

at wineries in this state directly from a winemaker as provided in

Section 2 of Article XXVIII-A of the Oklahoma Constitution;

2. Transport alcoholic beverages from the place of purchase to

the licensed premises unless the licensee also holds a private

carrier license issued by the ABLE Commission;

3. Use or allow the use of any mark or label on a container of

alcoholic beverage which is kept for sale which does not clearly and

precisely indicate the nature of the contents or which might deceive

or conceal the nature, composition, quantity, age or quality of such

beverage;

4. Keep or knowingly permit any alcoholic beverage to be kept,

brought, or consumed on the licensed premises which is not allowed

to be sold or served upon such premises; provided, that the

alcoholic beverage may be provided by a wine and spirits wholesaler,

beer distributor, brewer, small brewer, distiller, winemaker, small

farm winery, rectifier, manufacturer, or nonresident seller licensee

and kept, brought, or consumed on the licensed premises for

educational training tasting purposes pursuant to Section 6-109 of

this title; or

5. Allow any person under twenty-one (21) years of age to enter

into, remain within or loiter about the designated bar area of the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 186

licensed premises, except for persons who incidentally pass through

the designated area.

The prohibition in this subsection against persons under twenty-

one (21) years of age entering or remaining within the designated

bar area of the licensed premises shall not apply:

a. if the licensed premises are closed to the public

during a time the premises are legally permitted to be

open for business and the premises are used for a

private party at which alcoholic beverages may be

served to persons twenty-one (21) years of age or

older. Any alcoholic beverages served at a private

party on the licensed premises may be purchased from

the licensee at a negotiated price or purchased

privately and served at the private party on the

licensed premises. Any licensee who desires to

conduct such a private party shall notify the ABLE

Commission, in writing, at least ten (10) calendar

days prior to the private party. The notification

shall include the date, time and purpose of the

private party and any other information the ABLE

Commission may deem necessary,

b. to a designated bar area which is a concession stand

serving beer and wine, in addition to food and non-

alcoholic beverages, which concession stand is located

at, in, or on the premises of a sports, music or

entertainment venue, convention center, fairgrounds or

similar facility, or

c. to an employee of a beer distributor or wine and

spirits wholesaler who is at least eighteen (18) years

of age and enters for the purpose of merchandising or

delivering product to the licensee in the normal

course of business.
Okla. Stat. tit. 37A, § 37A-5-115 — OK Code / Title 37A / Section 37A-5-115
Power and authority of ABLE Commission or Oklahoma Tax
Status: in_force

Commission employees to enter and examine licensed premises.

Any employee of the ABLE Commission or the Oklahoma Tax

Commission shall have power and authority, without a warrant, to

enter and examine the licensed premises of all licensees to

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 159

determine whether any licensee possesses any container of alcoholic

beverage upon which the taxes have not been paid as required by the

Oklahoma Alcoholic Beverage Control Act and the rules thereunder,

and if such employee shall find any such container of alcoholic

beverages, he or she shall immediately seize the same. Such

employees of the ABLE Commission or the Tax Commission shall be

given free access to and shall not be hindered or interfered with in

their examination of the licensed premises of any licensees, and, in

case any such employee is denied free access or is hindered or

interfered with in making such examination, any license held by the

person preventing such free access or interfering with or hindering

such employee shall be subject to suspension or revocation.
Okla. Stat. tit. 37A, § 37A-2-150 — OK Code / Title 37A / Section 37A-2-150
Hearing for aggrieved person
Status: in_force

Any person aggrieved by the action of the ABLE Commission in

denying an application for an original license may, within fifteen

(15) days after receipt of notice thereof, file with the ABLE

Commission written request for a hearing, and the ABLE Commission

shall, pursuant to such request, set a time and place for a hearing

on a denial of an application for an original license. At the time

and place set in a notice by the ABLE Commission of contemplated

denial of the renewal of a license or of a proposed suspension or

revocation of a license, the ABLE Commission shall afford the

applicant or the licensee an opportunity to be heard and to present

evidence in the applicant's or licensee's behalf. The hearing shall

be conducted within fifteen (15) days after receipt of the request

by the ABLE Commission. In the conduct of any such hearing, the

ABLE Commission shall have power to administer oaths, examine

witnesses and subpoena records and documents pertaining to the

issues involved. Upon request of and at the expense of the

aggrieved party, the ABLE Commission shall make or cause to be made

a complete record of all testimony and other evidence taken or

introduced at such hearing. Within fifteen (15) days after

conclusion of any such hearing, unless the time shall be extended by

the parties thereto in writing, the ABLE Commission shall enter an

order affirming or modifying its denial of an original application,

an order dismissing its notice of contemplated denial of renewal of

license or affirming same, or an order dismissing its notice of

contemplated suspension or revocation of a license or an order

suspending or revoking same. The ABLE Commission shall, by written

notice mailed to the applicant or licensee by certified mail or by

delivery in person to the applicant or licensee, or the applicant's

or licensee's attorney of record, advise of its action pursuant to

the hearing.
Okla. Stat. tit. 37A, § 37A-5-125 — OK Code / Title 37A / Section 37A-5-125
Information required at time of sale, transit and
Status: in_force

delivery of alcoholic beverages - Violations – Penalties.

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

beer distributor or nonresident seller, selling alcoholic beverages

in this state, or selling alcoholic beverages for shipment into this

state shall, at the time such sale is made, make and deliver to the

purchaser or transporter an invoice, bill of lading, manifest or

other document describing such alcoholic beverages, showing:

1. The date of such sale or delivery;

2. The name and ABLE Commission license number of the seller;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 164

3. The point of origin of the movement of such alcoholic

beverages and the destination of same;

4. The kind and quantity and a description of such alcoholic

beverages, including the proof of all spirits;

5. The name and ABLE Commission license number of the

purchaser;

6. The sale price; and

7. Such other information as the Oklahoma Tax Commission may,

by form or rule, require.

Every such invoice, bill of lading, manifest or other document

describing such alcoholic beverages, except beer, must be identified

by consecutive numbers printed upon the invoice or document, and

each such seller and purchaser must account for each copy of his or

her invoice and each number thereof.

B. Every manufacturer, brewer, wine and spirits wholesaler or

beer distributor importing into or purchasing in this state any

alcoholic beverage, and any retailer purchasing any alcoholic

beverage in this state, shall at the time of delivery or acceptance

of such alcoholic beverage, demand and receive a proper bill of

lading, invoice, manifest or other document, particularly describing

such alcoholic beverage and showing the proof of all spirits.

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

beer distributor, nonresident seller and retailer shall retain one

copy of each invoice, bill of lading, manifest or similar document

covering all such sales and purchases by such licensee, as a part of

the permanent records of such licensee for a period of at least

three (3) years.

D. Any person violating any of the provisions of this section,

whether acting for himself or herself or as the agent or employee of

any licensee hereunder, shall be guilty of a misdemeanor and, upon

conviction, shall be punished as provided by law. Any violation of

the provisions of this section shall also constitute grounds for the

revocation by the ABLE Commission of any license issued under the

Oklahoma Alcoholic Beverage Control Act.
Okla. Stat. tit. 37A, § 37A-6-102 — OK Code / Title 37A / Section 37A-6-102
Prohibited acts of licensees
Status: in_force

A. No licensee of the ABLE Commission shall:

1. Knowingly receive, possess or sell any alcoholic beverage

except as authorized by the Oklahoma Alcoholic Beverage Control Act

and by the license or permit which the licensee holds;

2. Employ any person under eighteen (18) years of age in the

selling of beer or wine or employ any person under twenty-one (21)

years of age in the selling of spirits. Provided:

a. a mixed beverage, beer and wine, caterer, public

event, special event, bottle club, retail wine or

retail beer licensee may employ servers or sales

clerks who are at least eighteen (18) years of age,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 179

except persons under twenty-one (21) years of age may

not serve in designated bar or lounge areas, and

b. a mixed beverage, beer and wine, caterer, public

event, special event or bottle club licensee may

employ or hire musical bands who have musicians who

are under eighteen (18) years of age if each such

musician is either accompanied by a parent or legal

guardian or has on their person, to be made available

for inspection upon demand by any employee of the ABLE

Commission or law enforcement officer, a written,

notarized affidavit from the parent or legal guardian

giving the underage musician permission to perform in

designated bar or lounge areas;

3. Give any alcoholic beverage as a prize, premium or

consideration for any lottery, game of chance or skill or any type

of competition;

4. Use any of the following means or inducements to stimulate

the consumption of alcoholic beverages, including but not limited

to:

a. deliver more than two drinks to one person at one

time, except:

(1) as provided for serving tasting flights defined

in Section 6-102.1 of this title, or

(2) up to six (6) bottles or cans of beer in the

original packaging for on-premises consumption

may be delivered to one person at one time in a

reusable container, including but not limited to

a bucket or insulated cooler which may be cooled

by ice or another cooling method,

b. sell or offer to sell to any person or group of

persons any drinks at a price that is less than six

percent (6%) below the markup of the cost to the mixed

beverage licensee; provided, a mixed beverage licensee

shall be permitted to offer these drink specials on

any particular hour of any particular day and shall

not be required to offer these drink specials for an

entire calendar week or from open to close, and shall

not be required to offer such drink specials at all

venues operating under the same mixed beverage

license; provided, a mixed beverage licensee selling

wine, beer, or cocktails to-go shall be permitted to

offer these to-go drinks at a different price than on-

premises drinks,

c. sell or offer to sell to any person an unlimited

number of drinks during any set period of time for a

fixed price, except at private functions not open to

the public,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 180

d. sell or offer to sell drinks to any person or group of

persons on any one day or portion thereof at prices

less than those charged the general public on that

day, except at private functions not open to the

public,

e. increase the volume of alcoholic beverages contained

in a drink without increasing proportionately the

price regularly charged for such drink during the same

calendar week, or

f. encourage or permit, on the licensed premises, any

game or contest which involves drinking or the

awarding of drinks as prizes.

Provided, that the provisions of this paragraph shall not

prohibit the advertising or offering of food, entertainment or

bottle service in licensed establishments;

5. Permit or allow any patron or person to exit the licensed

premises with an open container of any alcoholic beverage.

Provided, this prohibition shall not be applicable to closed

original containers of alcoholic beverages which are carried from

the licensed premises of a bottle club by a patron, closed original

wine containers removed from the premises of restaurants, hotels and

motels, or to closed original containers of alcoholic beverages

transported to and from the place of business of a licensed caterer

by the caterer or an employee of the caterer;

6. Serve or sell alcoholic beverages with an expired license

issued by the ABLE Commission;

7. Permit any person to be drunk or intoxicated on the

licensee's licensed premises; or

8. Permit or allow any patron to serve or pour himself or

herself any alcoholic beverage, except a licensee may offer a patron

self-pour service of beer or wine, or both, from automated devices

on licensed premises so long as:

a. the licensee monitors and has the ability to control

the dispensing of such beer or wine, or both, from the

automated devices. "Automated device" shall mean any

mechanized device capable of dispensing wine or beer,

or both, directly to a patron in exchange for

compensation that a licensee has received directly

from the patron, and

b. each licensee offering a patron self-pour service of

wine or beer, or both, from any automated device shall

provide constant video monitoring of the automated

device at all times during which the licensee is open

to the public. The licensee shall keep recorded

footage from the video monitoring for at least sixty

(60) days, and shall provide the footage, upon

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 181

request, to any agent of the Director of the ABLE

Commission or other authorized law enforcement agent.

B. 1. The compensation required by subparagraph a of paragraph

8 of subsection A of this section shall be in the form of a radio

frequency identification (RFID) device, mobile application or any

other technology approved by the ABLE Commission containing a fixed

amount of volume of thirty-two (32) ounces for beer and ten (10)

ounces for wine that may be directly exchanged for beer or wine

dispensed from the automated device:

a. RFID devices may be assigned, used or reactivated only

during a business day,

b. each RFID device shall be obtained from the licensee

by a patron,

c. a licensee shall not issue more than one active RFID

device to a patron, and

d. an RFID device shall be deemed active if the RFID

device contains volume credit or has not yet been used

to dispense ten (10) ounces of wine or thirty-two (32)

ounces of beer.

2. In order to obtain an RFID device from a licensee, each

patron shall produce a valid driver license, identification card or

other government-issued document that contains a photograph of the

individual and demonstrates that the individual is at least twenty-

one (21) years of age. Each RFID device shall be programmed to

require the production of the patron's valid identification before

the RFID device can be used for the first time during any business

day or for any subsequent reactivation.

3. Each RFID device shall become inactive at the end of each

business day.

4. Each RFID device shall be programmed to allow the dispensing

of no more than ten (10) ounces of wine or thirty-two (32) ounces of

beer to a patron:

a. once an RFID device has been used to dispense ten (10)

ounces of wine or thirty-two (32) ounces of beer to a

patron, the RFID device shall become inactive, and

b. any patron in possession of an inactive RFID device

may, upon production of the patron's valid

identification to the licensee or licensee's employee,

have the RFID device reactivated to allow the

dispensing of an additional ten (10) ounces of wine or

thirty-two (32) ounces of beer from an automated

device.

Paragraphs 1, 2, 3 and 4 of this subsection shall not apply to wine

or beer that is dispensed directly to the licensee or the licensee's

agent or employee.

C. A mixed beverage or beer and wine licensee shall not be

deemed to have violated the provisions of paragraph 5 of subsection

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 182

A of this section if it allowed a patron to leave the licensed

premises with an open container of beer or wine only and:

1. The otherwise prohibited act was committed during the hours

of 8 a.m. to midnight on the day of a scheduled home football game

of institutions within The Oklahoma State System of Higher

Education, and the establishment is located within two thousand

(2,000) feet of the institution;

2. The licensee is participating by invitation in a municipally

sanctioned art, music or sporting event within city limits when the

municipality has provided written notice of the event and a list of

invited licensees to the ABLE Commission at least five (5) days

prior to the event; or

3. The patron remains on the connected, physical property of

the licensee or in a public area adjacent to the physical property

of the licensee with prior municipal approval; provided, that

written notice of the use of the connected, physical property of the

licensee or public area shall be provided to the ABLE Commission at

least five (5) days prior to such use.
Okla. Stat. tit. 37A, § 37A-1-101 — OK Code / Title 37A / Section 37A-1-101
Short title - Oklahoma Alcoholic Beverage Control Act
Status: in_force

Sections 1 through 168 of this act shall be known and may be

cited as the "Oklahoma Alcoholic Beverage Control Act".
Okla. Stat. tit. 37A, § 37A-5-131 — OK Code / Title 37A / Section 37A-5-131
Alcoholic beverage not labeled in conformity with
Status: in_force

rules.

The bottling, packaging, sale or possession by any licensee of

any alcoholic beverage not labeled in conformity with such rules and

the provisions of the Oklahoma Alcoholic Beverage Control Act shall

be grounds for suspension, revocation or cancellation of the

license.
Okla. Stat. tit. 37, § 37-601 — OK Code / Title 37 / Section 37-601
Renumbered as § 1-229.27 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 188, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-1-103 — OK Code / Title 37A / Section 37A-1-103
Definitions
Status: in_force

As used in the Oklahoma Alcoholic Beverage Control Act:

1. "ABLE Commission" or "Commission" means the Alcoholic

Beverage Laws Enforcement Commission;

2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl

alcohol, ethanol or spirits of wine, from whatever source or by

whatever process produced. It does not include wood alcohol or

alcohol which has been denatured or produced as denatured in

accordance with Acts of Congress and regulations promulgated

thereunder;

3. "Alcoholic beverage" means alcohol, spirits, beer and wine

as those terms are defined herein and also includes every liquid or

solid, patented or not, containing alcohol, spirits, wine or beer

and capable of being consumed as a beverage by human beings;

4. "Applicant" means any individual, legal or commercial

business entity, or any individual involved in any legal or

commercial business entity allowed to hold any license issued in

accordance with the Oklahoma Alcoholic Beverage Control Act;

5. "Beer" means any beverage containing more than one-half of

one percent (0.50%) of alcohol by volume and obtained by the

alcoholic fermentation of an infusion or decoction of barley, or

other grain, sugar, malt or similar products. For the purposes of

taxation, distribution, sales, and regulation, seltzer shall mean

the same as beer as provided in this section. Beer may or may not

contain hops or other vegetable products. Beer includes, among

other things, beer, ale, stout, lager beer, porter, seltzer, and

other malt or brewed liquors, but does not include sake, known as

Japanese rice wine;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 6

6. "Beer keg" means any brewer-sealed, single container that

contains not less than four (4) gallons of beer;

7. "Beer distributor" means and includes any person licensed to

distribute beer for retail sale in this state, but does not include

a holder of a small brewer self-distribution license or brewpub

self-distribution license. The term distributor, as used in the

Oklahoma Alcoholic Beverage Control Act, shall be construed to refer

to a beer distributor;

8. "Bottle club" means any establishment in a county which has

not authorized the retail sale of alcoholic beverages by the

individual drink, which is required to be licensed to keep, mix and

serve alcoholic beverages belonging to club members on club

premises;

9. "Bottle service" means the sale and provision of spirits in

their original packages by a mixed beverage licensee to be consumed

in that mixed beverage licensee's club suite;

10. "Brand" means any word, name, group of letters, symbol or

combination thereof, that is adopted and used by a licensed brewer

to identify a specific beer, wine or spirit and to distinguish that

product from another beer, wine or spirit;

11. "Brand extension" means:

a. after October 1, 2018, any brand of beer or cider

introduced by a manufacturer in this state which

either:

(1) incorporates all or a substantial part of the

unique features of a preexisting brand of the

same licensed brewer, or

(2) relies to a significant extent on the goodwill

associated with the preexisting brand, or

b. any brand of beer that a brewer, the majority of whose

total volume of all brands of beer distributed in this

state by such brewer on January 1, 2016, was

distributed as low-point beer, desires to sell,

introduces, begins selling or theretofore has sold and

desires to continue selling a strong beer in this

state which either:

(1) incorporates or incorporated all or a substantial

part of the unique features of a preexisting low-

point beer brand of the same licensed brewer, or

(2) relies or relied to a significant extent on the

goodwill associated with a preexisting low-point

beer brand;

12. "Brewer" means and includes any person who manufactures for

human consumption by the use of raw materials or other ingredients

any beer or cider upon which a license fee and a tax are imposed by

any law of this state;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 7

13. "Brewpub" means a licensed establishment operated on the

premises of, or on premises located contiguous to, a small brewer,

that prepares and serves food and beverages, including alcoholic

beverages, for on-premises consumption;

14. "Cider" means any alcoholic beverage obtained by the

alcoholic fermentation of fruit juice, including but not limited to

flavored, sparkling or carbonated cider. For the purposes of the

manufacture of this product, cider may be manufactured by either

manufacturers or brewers. For the purposes of the distribution of

this product, cider may be distributed by either wine and spirits

wholesalers or beer distributors;

15. "Club suite" means a designated area within the premises of

a mixed beverage licensee designed to provide an exclusive space

which is limited to a patron or patrons specifically granted access

by a mixed beverage licensee and is not accessible to other patrons

of the mixed beverage licensee or the public. A club suite must

have a clearly designated point of access for a patron or patrons

specifically granted access by the mixed beverage licensee to ensure

that persons present in the suite are limited to patrons

specifically granted access by the mixed beverage licensee and

employees providing services to the club suite;

16. "Cocktail" means a type of mixed beverage as defined in

Section 7-102 of this title;

17. "Convenience store" means any person primarily engaged in

retailing a limited range of general household items and groceries,

with extended hours of operation, whether or not engaged in retail

sales of automotive fuels in combination with such sales;

18. "Convicted" and "conviction" mean and include a finding of

guilt resulting from a plea of guilty or nolo contendere, the

decision of a court or magistrate or the verdict of a jury,

irrespective of the pronouncement of judgment or the suspension

thereof;

19. "Designated products" means the brands of wine or spirits

offered for sale by a manufacturer that the manufacturer has

assigned to a designated wholesaler for exclusive distribution;

20. "Designated wholesaler" means a wine and spirits wholesaler

who has been selected by a manufacturer as a wholesaler appointed to

distribute designated products;

21. "Director" means the Director of the ABLE Commission;

22. "Distiller" means any person who produces spirits from any

source or substance, or any person who brews or makes mash, wort or

wash, fit for distillation or for the production of spirits (except

a person making or using such material in the authorized production

of wine or beer, or the production of vinegar by fermentation), or

any person who by any process separates alcoholic spirits from any

fermented substance, or any person who, making or keeping mash, wort

or wash, has also in his or her possession or use a still;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 8

23. "Distributor agreement" means the written agreement between

the distributor and brewer as set forth in Section 3-108 of this

title;

24. "Drug store" means a person primarily engaged in retailing

prescription and nonprescription drugs and medicines;

25. "Event venue" means any nongovernmental location, property,

space, premises, grounds, building or buildings, or other site that

offers to the general public for rent, lease, reservation, or other

contractual use, for the hosting of a function, occasion, or event,

special, private, or public, of a temporary nature. The location,

property, space, premises, grounds, or building or buildings defined

in this paragraph shall not include those owned, leased, or occupied

by organizations exempt from taxation pursuant to the provisions of

the Internal Revenue Code, 26 U.S.C., Section 501(c)(3);

26. "Dual-strength beer" means a brand of beer that,

immediately prior to April 15, 2017, was being sold and distributed

in this state:

a. as a low-point beer pursuant to the Low-Point Beer

Distribution Act in effect immediately prior to

October 1, 2018, and

b. as strong beer pursuant to the Oklahoma Alcoholic

Beverage Control Act in effect immediately prior to

October 1, 2018,

and continues to be sold and distributed as such on October 1, 2018.

Dual-strength beer does not include a brand of beer that arose as a

result of a brand extension as defined in this section;

27. "Fair market value" means the value in the subject

territory covered by the written agreement with the distributor or

wholesaler that would be determined in an arm's length transaction

entered into without duress or threat of termination of the

distributor's or wholesaler's rights and shall include all elements

of value, including goodwill and going-concern value;

28. "Good cause" means:

a. failure by the distributor to comply with the material

and reasonable provisions of a written agreement or

understanding with the brewer, or

b. failure by the distributor to comply with the duty of

good faith;

29. "Good faith" means the duty of each party to any

distributor agreement and all officers, employees or agents thereof

to act with honesty in fact and within reasonable standards of fair

dealing in the trade;

30. "Grocery store" means a person primarily engaged in

retailing a general line of food, such as canned or frozen foods,

fresh fruits and vegetables, and fresh and prepared meats, fish and

poultry;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 9

31. "Hotel" or "motel" means an establishment which is licensed

to sell alcoholic beverages by the individual drink and which

contains guest room accommodations with respect to which the

predominant relationship existing between the occupants thereof and

the owner or operator of the establishment is that of innkeeper and

guest. For purposes of this section, the existence of other legal

relationships as between some occupants and the owner or operator

thereof shall be immaterial;

32. "Legal newspaper" means a newspaper meeting the requisites

of a newspaper for publication of legal notices as prescribed in

Sections 101 through 114 of Title 25 of the Oklahoma Statutes;

33. "Licensee" means any person holding a license under the

Oklahoma Alcoholic Beverage Control Act, and any agent, servant or

employee of such licensee while in the performance of any act or

duty in connection with the licensed business or on the licensed

premises;

34. "Low-point beer" shall mean any beverages containing more

than one-half of one percent (1/2 of 1%) alcohol by volume, and not

more than three and two-tenths percent (3.2%) alcohol by weight,

including but not limited to beer or cereal malt beverages obtained

by the alcoholic fermentation of an infusion by barley or other

grain, malt or similar products;

35. "Manufacturer" means a distiller, winemaker, rectifier or

bottler of any alcoholic beverage (other than beer) and its

subsidiaries, affiliates and parent companies;

36. "Manufacturer's agent" means a salaried or commissioned

salesperson who is the agent authorized to act on behalf of the

manufacturer or nonresident seller in this state;

37. "Meals" means foods commonly ordered at lunch or dinner and

at least part of which is cooked on the licensed premises and

requires the use of dining implements for consumption. Provided,

that the service of only food such as appetizers, sandwiches, salads

or desserts shall not be considered meals;

38. "Mini-bar" means a closed container, either refrigerated in

whole or in part, or unrefrigerated, and access to the interior of

which is:

a. restricted by means of a locking device which requires

the use of a key, magnetic card or similar device, or

b. controlled at all times by the licensee;

39. "Mixed beverage cooler" means any beverage, by whatever

name designated, consisting of an alcoholic beverage and fruit or

vegetable juice, fruit or vegetable flavorings, dairy products or

carbonated water containing more than one-half of one percent (1/2

of 1%) of alcohol measured by volume but not more than seven percent

(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is

packaged in a container not larger than three hundred seventy-five

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 10

(375) milliliters. Such term shall include but not be limited to

the beverage popularly known as a "wine cooler";

40. "Mixed beverages" means one or more servings of a beverage

composed in whole or in part of an alcoholic beverage in a sealed or

unsealed container of any legal size for consumption on the premises

where served or sold by the holder of a mixed beverage, beer and

wine, caterer, public event, charitable event or special event

license; provided, that a beer, cider, or wine mixed with

ingredients nonalcoholic in nature including, but not limited to,

water, juice, sugar, fruits, or vegetables and sold by a small

brewer, brewpub, small farm winery, or winemaker, shall not be

considered a mixed beverage so long as such small brewer, brewpub,

small farm winery, or winemaker does not also hold an on-premises

beer and wine, mixed beverage, caterer, public event, or special

event license, if permitted by law;

41. "Motion picture theater" means an establishment which is

licensed by Section 2-110 of this title to sell alcoholic beverages

by the individual drink and where motion pictures are exhibited, and

to which the general public is admitted;

42. "Nondesignated products" means the brands of wine or

spirits offered for sale by a manufacturer that have not been

assigned to a designated wholesaler;

43. "Nonresident seller" means any person licensed pursuant to

Section 2-135 of this title;

44. "Retail salesperson" means a salesperson soliciting orders

from and calling upon retail alcoholic beverage stores with regard

to his or her product;

45. "Occupation" as used in connection with "occupation tax"

means the sites occupied as the places of business of the

manufacturers, brewers, wholesalers, beer distributors, retailers,

mixed beverage licensees, on-premises beer and wine licensees,

bottle clubs, caterers, public event and special event licensees;

46. "Original package" means any container of alcoholic

beverage filled and stamped or sealed by the manufacturer or brewer;

47. "Package store" means any sole proprietor or partnership

that qualifies to sell wine, beer and/or spirits for off-premises

consumption and that is not a grocery store, convenience store or

drug store, or other retail outlet that is not permitted to sell

wine or beer for off-premises consumption;

48. "Patron" means any person, customer or visitor who is not

employed by a licensee or who is not a licensee;

49. "Person" means an individual, any type of partnership,

corporation, association, limited liability company or any

individual involved in the legal structure of any such business

entity;

50. "Premises" means the grounds and all buildings and

appurtenances pertaining to the grounds including any adjacent

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 11

premises if under the direct or indirect control of the licensee and

the rooms and equipment under the control of the licensee and used

in connection with or in furtherance of the business covered by a

license. Provided, that the ABLE Commission shall have the

authority to designate areas to be excluded from the licensed

premises solely for the purpose of:

a. allowing the presence and consumption of alcoholic

beverages by private parties which are closed to the

general public, or

b. allowing the services of a caterer serving alcoholic

beverages provided by a private party.

This exception shall in no way limit the licensee's concurrent

responsibility for any violations of the Oklahoma Alcoholic Beverage

Control Act occurring on the licensed premises;

51. "Private event" means a social gathering or event attended

by invited guests who share a common cause, membership, business or

task and have a prior established relationship. For purposes of

this definition, advertisement for general public attendance or

sales of tickets to the general public shall not constitute a

private event;

52. "Public event" means any event that can be attended by the

general public;

53. "Rectifier" means any person who rectifies, purifies or

refines spirits or wines by any process (other than by original and

continuous distillation, or original and continuous processing, from

mash, wort, wash or other substance, through continuous closed

vessels and pipes, until the production thereof is complete), and

any person who, without rectifying, purifying or refining spirits,

shall by mixing (except for immediate consumption on the premises

where mixed) such spirits, wine or other liquor with any material,

manufactures any spurious, imitation or compound liquors for sale,

under the name of whiskey, brandy, rum, gin, wine, spirits, cordials

or any other name;

54. "Regulation" or "rule" means a formal rule of general

application promulgated by the ABLE Commission as herein required;

55. "Restaurant" means an establishment that is licensed to

sell alcoholic beverages by the individual drink for on-premises

consumption and where food is prepared and sold for immediate

consumption on the premises;

56. "Retail container for spirits and wines" means an original

package of any capacity approved by the United States Bureau of

Alcohol, Tobacco, Firearms and Explosives;

57. "Retailer" means a package store, grocery store,

convenience store or drug store licensed to sell alcoholic beverages

for off-premises consumption pursuant to a retail spirits license,

retail wine license or retail beer license;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 12

58. "Sale" means any transfer, exchange or barter in any manner

or by any means whatsoever, and includes and means all sales made by

any person, whether as principal, proprietor or as an agent, servant

or employee. The term sale is also declared to be and include the

use or consumption in this state of any alcoholic beverage obtained

within or imported from without this state, upon which the excise

tax levied by the Oklahoma Alcoholic Beverage Control Act has not

been paid or exempted;

59. "Seltzer" means any beverage containing more than one-half

of one percent (0.50%) of alcohol by volume and obtained by the

alcoholic fermentation of malt, rice, grain of any kind, bran,

glucose, sugar, or molasses and combined with carbonated water and

other flavoring and labeled as "beer" by the Internal Revenue Code;

provided, that seltzer shall not include carbonated beverages mixed

with wine or spirits;

60. "Short-order food" means food other than full meals

including but not limited to sandwiches, soups and salads.

Provided, that popcorn, chips and other similar snack food shall not

be considered short-order food;

61. "Small brewer" means a brewer who manufactures less than

sixty-five thousand (65,000) barrels of beer annually pursuant to a

validly issued small brewer license hereunder;

62. "Small farm wine" means a wine that is produced by a small

farm winery with seventy-five percent (75%) or more Oklahoma-grown

grapes, berries, other fruits, honey or vegetables;

63. "Small farm winery" means a wine-making establishment that

does not annually produce for sale more than fifteen thousand

(15,000) gallons of wine as reported on the United States Department

of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of

Wine Premises Operations (TTB Form 5120.17);

64. "Sparkling wine" means champagne or any artificially

carbonated wine;

65. "Special event" means an entertainment, recreation or

marketing event that occurs at a single location on an irregular

basis and at which alcoholic beverages are sold;

66. "Spirits" means any beverage other than wine or beer, which

contains more than one-half of one percent (1/2 of 1%) alcohol

measured by volume, and obtained by distillation, whether or not

mixed with other substances in solution and includes those products

known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and

fortified wines and similar compounds, but shall not include any

alcohol liquid completely denatured in accordance with the Acts of

Congress and regulations pursuant thereto;

67. "Strong beer" means beer which, prior to October 1, 2018,

was distributed pursuant to the Oklahoma Alcoholic Beverage Control

Act, Section 1-101 et seq. of this title;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 13

68. "Successor brewer" means a primary source of supply, a

brewer, a cider manufacturer or an importer that acquires rights to

a beer or cider brand from a predecessor brewer;

69. "Tax Commission" means the Oklahoma Tax Commission;

70. "Territory" means a geographic region with a specified

boundary;

71. "Wine and spirits wholesaler" or "wine and spirits

distributor" means and includes any sole proprietorship or

partnership licensed to distribute wine and spirits in this state.

The term "wholesaler", as used in the Oklahoma Alcoholic Beverage

Control Act, shall be construed to refer to a wine and spirits

wholesaler;

72. "Wine" means and includes any beverage containing more than

one-half of one percent (1/2 of 1%) alcohol by volume and not more

than twenty-four percent (24%) alcohol by volume at sixty (60)

degrees Fahrenheit obtained by the fermentation of the natural

contents of fruits, vegetables, honey, milk or other products

containing sugar, whether or not other ingredients are added, and

includes vermouth and sake, known as Japanese rice wine;

73. "Winemaker" means and includes any person or establishment

who manufactures for human consumption any wine upon which a license

fee and a tax are imposed by any law of this state;

74. "Satellite tasting room" means a licensed establishment

operated off the licensed premises of the holder of a small farm

winery or winemaker license, which serves wine for on-premises or

off-premises consumption; and

75. "Straw testing" means the consumption of a de minimis

amount of an alcoholic beverage by sanitary means by the holder of

an employee license, twenty-one (21) years of age or older, to

determine the quality or desired flavor profile of such alcoholic

beverage that has been serviced, or is to be served, to a patron.

Words in the plural include the singular, and vice versa, and

words imparting the masculine gender include the feminine, as well

as persons and licensees as defined in this section.
Okla. Stat. tit. 37A, § 37A-2-128 — OK Code / Title 37A / Section 37A-2-128
On-premises beer and wine license
Status: in_force

A. An on-premises beer and wine license shall authorize the

holder thereof:

1. To purchase beer and wine in retail containers from the

holder of a wholesaler, beer distributor, small brewer self-

distribution or brewpub self-distribution license or as specifically

provided by law. The holder of an on-premises beer and wine license

issued for an establishment which is also a restaurant may purchase

wine from a winemaker who is permitted and has elected to self-

distribute as provided in Article XXVIII-A of the Oklahoma

Constitution; and

2. To sell, offer for sale and possess beer and wine for on-

premises consumption only; provided, an on-premises beer and wine

licensee may sell beer and wine for off-premises consumption if it

meets the classification of a golf course, country club, or marina

pursuant to subsection C of this section. The mixed beverage

licensee shall be permitted to sell beer and wine for off-premises

consumption during all days and hours in which a retail beer

licensee or retail wine licensee is permitted to sell beer or wine.

The gross receipts tax set forth in Section 5-105 of this title

shall apply to all alcoholic beverages sold by the on-premises beer

and wine licensee, whether those alcoholic beverages are intended

for on- or off-premises consumption. The ABLE Commission shall

promulgate rules for the implementation of a special off-premises

permit consistent with this subsection. The on-premises beer and

wine licensee shall secure the special off-premises permit prior to

selling beer and wine for off-premises consumption.

B. Sales and service of beer and wine by holders of on-premises

beer and wine licenses shall be limited to the licensed premises of

the licensee unless the holder of the on-premises beer and wine

license also obtains a caterer license. An on-premises beer and

wine 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 been authorized. A separate license shall

be required for each place of business. No spirits shall be stored,

possessed or consumed on the licensed premises of an on-premises

beer and wine license, unless the premises also has a mixed beverage

license.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 60

C. Holders of an on-premises beer and wine license with a

licensed premises on a business establishment that meets the

classification of a golf course or country club pursuant to the most

recently adopted North American Industry Classification System

(NAICS) may also sell beer in sealed original packages for on-

premises consumption. Such holders' sales of more than two (2)

sealed original packages to one person at one time for on-premises

consumption shall not be considered an unlawful inducement to

stimulate consumption of alcoholic beverages under the Oklahoma

Alcoholic Beverage Control Act, and patrons may remove sealed

original packages from the licensed premises.
Okla. Stat. tit. 37A, § 37A-2-110v2 — OK Code / Title 37A / Section 37A-2-110v2
Mixed beverage license
Status: in_force

A. A mixed beverage license shall authorize the holder thereof:

1. To purchase alcohol, spirits, beer and/or wine in retail

containers from the holder of a wine and spirits wholesaler and beer

distributor license as specifically provided by law;

2. To sell, offer for sale and possess mixed beverages for on-

premises consumption only, provided:

a. the holder of a mixed beverage license issued for an

establishment which is also a restaurant may purchase

wine directly from a winemaker and beer directly from

a small brewer who is permitted and has elected to

self-distribute as provided in Article XXVIII-A of the

Oklahoma Constitution, and

b. the holder of a mixed beverage license that is also a

holder of a retail wine license or retail beer license

or both a retail wine license and retail beer license

shall not be prohibited from the on-premises sale of

wine or beer, according to the license held, for off-

premises consumption, subject to the limitations of

the retail wine license or retail beer license; and

3. To sell spirits in their original packages for consumption

on its premises under the following conditions:

a. spirits in their original packages shall remain and be

consumed in the club suite of a mixed beverage

licensee and may not be removed from the club suite if

not consumed in their entirety at or before the

conclusion of the period for which the club suite was

made available to a specific patron or patrons by the

mixed beverage licensee, and

b. spirits in their original packages to be consumed in

the club suite are provided exclusively by the mixed

beverage licensee.

B. Sales and service of mixed beverages by holders of mixed

beverage licenses shall be limited to the licensed premises of the

licensee unless the holder of the mixed beverage license also

obtains a caterer license or a mixed beverage/caterer combination

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 46

license, or if the holder of a mixed beverage license is an

Entertainment District Tenant Party as defined in Section 2393 of

Title 68 of the Oklahoma Statutes. A mixed beverage 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

been authorized. A separate license shall be required for each

place of business.

C. Sales and service of mixed beverages by holders of mixed

beverage licenses of an Entertainment District Tenant Party shall be

limited to the premises of an Entertainment District. For purposes

of this subsection, premises may be defined as the designated area

of an Entertainment District as defined in Section 2393 of Title 68

of the Oklahoma Statutes.

D. Holders of a mixed beverage license shall not be prohibited

from obtaining and holding a retail beer license or retail wine

license or both a retail beer license and retail wine license;

provided, that each holder qualifies and maintains the

qualifications for each license held as set forth in this title and

the rules promulgated by the Alcoholic Beverage Laws Enforcement

(ABLE) Commission.

E. Upon application, a mixed beverage license shall be issued

for any place of business functioning as a motion picture theater,

as defined by Section 1-103 of this title. Provided, that upon

proof of legal age to consume alcohol, every patron being served

alcoholic beverages shall be required to wear a wrist bracelet or

receive a hand stamp identifying the patron as being of legal age to

consume alcohol. This requirement shall only apply inside a motion

picture theater auditorium where individuals under the legal age to

consume alcohol are allowed.

F. Holders of a mixed beverage license with a licensed premises

on a business establishment that meets the classification of a golf

course or country club pursuant to the most recently adopted North

American Industry Classification System (NAICS) may also sell beer

in sealed original packages for on-premises consumption. Such

holders’ sales of more than two sealed original packages to one

person at one time for on-premises consumption shall not be

considered an unlawful inducement to stimulate consumption of

alcoholic beverages under the Oklahoma Alcoholic Beverage Control

Act, and patrons may remove sealed original packages from the

licensed premises.
Okla. Stat. tit. 37A, § 37A-6-119 — OK Code / Title 37A / Section 37A-6-119
Persons under 21 - Misrepresentation of age to induce
Status: in_force

persons to sell or serve alcoholic beverages - Entering or

attempting to enter package store or bar area - Penalties -

Substance abuse prevention program.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 198

A. Any person under twenty-one (21) years of age who shall

misrepresent his or her age in writing or by presenting false

documentation of age for the purpose of inducing any person to sell

or serve him or her alcoholic beverage or issue him or her a bottle

club membership card, or who enters or attempts to enter a package

store or a separate or enclosed bar area as designated by the ABLE

Commission, shall be guilty of a misdemeanor and fined not more than

Fifty Dollars ($50.00).

B. In addition, if a person is convicted or pleads guilty to a

violation of the provisions of this subsection in any court having

jurisdiction over the offense, the court may order the Department of

Public Safety to cancel or deny the offender's privilege to operate

a motor vehicle and, upon such order, shall require that the

operator's or chauffeur's license, if any, be surrendered to the

Department pursuant to Section 6-209 of Title 47 of the Oklahoma

Statutes. The cancellation or denial period shall be for one (1)

year, or until the person reaches twenty-one (21) years of age,

whichever is longer.

C. Any person whose driving privileges are ordered cancelled or

denied pursuant to this section may petition the court of original

jurisdiction for review of the order. Upon notice and hearing, the

court may modify or withdraw the order as the court deems

appropriate except:

1. A court may not withdraw an order for at least ninety (90)

days following the issuance of the order if it is the first such

order issued regarding the person named; and

2. A court may not withdraw an order for at least six (6)

months following the issuance of the order if it is the second or

subsequent such order issued regarding the person named. If the

Department receives written notice from the court of original

jurisdiction that it has withdrawn such an order, the Department

shall immediately reinstate any driving privileges that have been

canceled or denied under this section, without requiring payment of

a reinstatement fee.

D. In addition to any other penalty provided by law, a person

convicted of a violation of the provisions of this section shall be

required to complete a substance abuse prevention program conducted

by the Department of Mental Health and Substance Abuse Services or a

private entity approved by the Department. Such program shall

include at least two sessions, each of which shall be not less than

two (2) hours in length. The cost of the program shall be paid by

the person required to complete the program.beverages - Entering or attempting to enter package store or bar area - Penalties - Substance
Okla. Stat. tit. 37A, § 37A-3-113 — OK Code / Title 37A / Section 37A-3-113
Small brewers - Sales to licensed distributors or
Status: in_force

retailers - Direct sales to consumers.

A. A small brewer is authorized to sell to either licensed

distributors or retailers. A small brewer shall elect whether it

will distribute through a distributor or self-distribute to

retailers; however, a small brewer may not elect to do both

simultaneously. The election shall be made through notice to the

ABLE Commission. Any changes to the election require immediate

notification to the ABLE Commission before the change in election

will take effect. A small brewer that elects to use a distributor

shall be subject to the terms and conditions of the Oklahoma

Alcoholic Beverage Control Act.

B. As a condition to the issuance of a Small Brewer License,

such small brewer shall pay the annual fees as set forth in Section

13 of this act and shall qualify with the Secretary of State of the

State of Oklahoma for a permit to do business within the State of

Oklahoma.

C. A small brewer may sell directly to consumers in this state

if it is the holder of a brewpub license. A licensed small brewer

may serve free samples of beer produced by the small brewer in this

state to visitors twenty-one (21) years of age or older. Samples

may only be distributed or consumed between 10:00 a.m. and 2:00 a.m.

Samples of beer served by a small brewer under this section shall

not be considered a "sale" of beer within the meaning of Article

XXVIIIA of the Oklahoma Constitution or the Oklahoma Alcoholic

Beverage Control Act. However, such samples of beer shall be

considered beer removed or withdrawn from the small brewer for "use

or consumption" within the meaning of this title for excise tax

determination and reporting requirements.
Okla. Stat. tit. 37A, § 37A-5-114 — OK Code / Title 37A / Section 37A-5-114
Unpaid taxes - Contraband - Violations - Penalties -
Status: in_force

Application of Uniform Tax Procedure Code.

A. All bottles or other original containers of alcoholic

beverages in the possession of any person upon which the taxes have

not been paid as required by the Oklahoma Alcoholic Beverage Control

Act and the rules thereunder are declared to be contraband. Any

duly authorized employee of the ABLE Commission or the Oklahoma Tax

Commission is authorized to seize the same, and such containers of

alcoholic beverages so seized shall be subject to confiscation and

forfeiture by the Tax Commission as hereinafter provided.

B. If, upon examination of invoices or from other

investigation, the Tax Commission finds that any alcoholic beverages

have been sold without tax payment as required by the Oklahoma

Alcoholic Beverage Control Act, the Tax Commission shall have the

power to require such person to pay to the Tax Commission as such

tax a sum equal to twice the amount of the tax due. If any person

is unable to furnish evidence to the Tax Commission of excise tax

payment to cover purchases of alcoholic beverages made by such

person, the prima facie presumption shall arise that such alcoholic

beverages were sold without excise tax payment.

It is expressly provided, except where specific provisions of

the Oklahoma Alcoholic Beverage Control Act require otherwise, that

the procedures and remedies contained in the Uniform Tax Procedure

Code of the Oklahoma Statutes in connection with the making of

assessments, and the enforcement and collection thereof, the

penalties and interest to be applied, all lien and tax warrant

provisions, all incidental remedies, including procedure for an

injunction, and all other provisions of the Uniform Tax Procedure

Code which may be applied or used to enforce the provisions of the

Oklahoma Alcoholic Beverage Control Act, shall be applicable and

available to the Tax Commission in administering the provisions

hereof and collecting the taxes herein levied on alcoholic

beverages.
Okla. Stat. tit. 37A, § 37A-6-110 — OK Code / Title 37A / Section 37A-6-110
Prohibited acts on or about commercial premises where
Status: in_force

intoxicating beverages are dispensed or consumed.

No owner, operator, partner, manager or person having

supervisory control of any establishment licensed to sell or serve

intoxicating beverages shall permit any of the following on or about

any commercial premises where intoxicating beverages are dispensed

or consumed:

1. The performance by any person of acts, or simulated acts, of

sexual intercourse, masturbation, sodomy, bestiality, oral

copulation, flagellation or any sexual acts which are otherwise

prohibited by law;

2. The actual intentional touching or caressing or fondling by

any person of the breasts, anus or genitals;

3. Any person on the licensed premises while such person is

unclothed or in such attire, costume or clothing as to expose to

view any portion of the areola of the female breast or any portion

of the pubic hair, buttocks or genitals; or

4. Any person to perform acts of, or acts which simulate,

sexual acts which are prohibited by law, or permit any person to use

artificial devices or inanimate objects to depict any prohibited

activities or permit the showing of films, still pictures,

electronic reproductions or other visual reproductions depicting any

of the prohibited activities described in this paragraph.
Okla. Stat. tit. 37A, § 37A-5-111 — OK Code / Title 37A / Section 37A-5-111
Wine and spirits wholesaler and other importers - Monthly itemized and verified report
Status: in_force

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 3Monthly itemized and verified report - Violations – Penalties.

A. Every wine and spirits wholesaler and/or other person

authorized under the Oklahoma Alcoholic Beverage Control Act to

import alcoholic beverages into this state, 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 the following information:

1. Opening inventory of alcoholic beverages other than beer;

2. Total receipts and acquisitions during month from every

source. This shall be itemized showing:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 156

a. imports and purchases from within and without this

state separately,

b. the kind, proof and quantity of each type of alcoholic

beverage as shown by the shipper's or seller's

invoices thereof,

c. the date of each purchase,

d. the amount purchased,

e. the date received,

f. the person from whom purchased,

g. the manifest, bill of lading or delivery invoice

number of each shipment, which number shall be the

number used by the original seller as shown on the

basic shipping records which accompany the shipment,

and

h. the point of origin and point of destination of each

shipment;

3. The kind and quantity of all alcoholic beverages sold or

withdrawn from inventory for sale, use or consumption during the

calendar month; the date of each sale; and the kind, proof and

quantity of alcoholic beverages in each sale; the name, address and

ABLE Commission license number of each purchaser; and the manifest,

bill of lading or delivery invoice number, which number shall be the

number as shown on the basic shipping records which accompany the

delivery;

4. All nontaxable sales and dispositions made during the month,

supported by evidence satisfactory to the Tax Commission;

5. Closing inventory of alcoholic beverages as of the last day

of the calendar month; and

6. Such other information pertaining to the wholesaler's

beginning inventory of alcoholic beverages, receipts or acquisitions

thereof, sales and dispositions thereof, and closing inventory, as

the Tax Commission may by form or rule require.

B. If upon investigation it is determined by the Tax Commission

that any nontaxable disposition or sale claimed by any licensee is

not supported by a valid invoice, or is fraudulently or falsely

claimed in any manner by such licensee or any agent of such

licensee, the Tax Commission shall disallow any such deduction and

shall assess and collect the excise tax, together with the penalty

and interest thereon, on the total amount of the disallowed

deduction taken by the licensee.

C. The taking and claiming of any deduction not authorized by

law, upon a report by any wholesaler or the failure to file monthly

reports or pay any excise tax due, shall constitute grounds for the

revocation of such person's license, distributor permit or

wholesaler permit by the ABLE Commission and the Tax Commission

shall promptly notify the ABLE Commission of all such cases.
Okla. Stat. tit. 37A, § 37A-5-122 — OK Code / Title 37A / Section 37A-5-122
Manufacturer and brewer subject to licensing - Monthly
Status: in_force

itemized and verified report.

Every manufacturer and brewer, subject to licensing hereunder,

shall make and transmit to the Oklahoma Tax Commission, on or before

the tenth day of each calendar month, upon a form prescribed and

furnished by the Tax Commission, an itemized and verified report,

for the preceding calendar month, showing:

1. The kind and quantity of all alcoholic beverages

manufactured within this state during the month, including:

a. the proof of all spirits,

b. the kind and quantity of all alcoholic beverages

purchased within this state, including the proof of

all spirits,

c. the kind and quantity of all alcoholic beverages

imported into this state during the month, including

the proof of all spirits,

d. the name and ABLE Commission license number of the

person from whom purchased or received,

e. the manifest, bill of lading or invoice number of each

shipment, which number shall be the number used by the

original seller as shown by the basic shipping records

which accompanied the shipment,

f. the date of receipt of each shipment,

g. the name and ABLE Commission license number of the

carrier, if transported by carrier; and

2. All sales of alcoholic beverages made by such manufacturer

or brewer during such calendar month, both within and without

Oklahoma, including in detail the kind and quantity of all alcoholic

beverages sold, including:

a. the proof of all spirits, as shown by the invoice

covering each such sale,

b. the invoice number,

c. the date of each sale,

d. the name, address and the ABLE Commission license

number of the purchaser,

e. the name and ABLE Commission license number of the

carrier, if shipped by carrier, and

f. such other information as the Tax Commission may

require.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 163
Okla. Stat. tit. 37, § 37-604 — OK Code / Title 37 / Section 37-604
Renumbered as § 1-229.30 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 191, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-6-113 — OK Code / Title 37A / Section 37A-6-113
Unlawful to possess alcoholic beverages with intent to
Status: in_force

sell without procuring a license.

It shall be unlawful for any person, firm or corporation to

possess any alcoholic beverages with the intent to sell the same

without having first procured a license therefor from the ABLE

Commission as now provided for by law. All alcoholic beverages

found in the possession or under the control of any person or

persons, firm or corporation who, on the same date, or within

fifteen (15) days prior thereto, has violated Section 153 of this

act, shall be seized by the arresting officer and shall be forfeited

to the State of Oklahoma, as provided for in Section 167 of this

act; provided, property seized by a county or municipal law

enforcement officer shall be forfeited to the county or municipality

in which the seizure of the property took place, whichever is

appropriate, as provided for in Section 167 of this act.
Okla. Stat. tit. 37A, § 37A-5-107 — OK Code / Title 37A / Section 37A-5-107
Mixed beverage tax permit - Violations – Penalties
Status: in_force

A. Every holder of a mixed beverage, if not catered, beer and

wine, caterer, hotel beverage, public event, if not catered, or

special event license, issued by the ABLE Commission, shall obtain a

mixed beverage tax permit from the Oklahoma Tax Commission prior to

engaging within this state in the sale, preparation or service of

mixed beverages, ice or nonalcoholic beverages that are sold,

prepared or served to be mixed with alcoholic beverages. Each

licensee shall file a verified application for a mixed beverage tax

permit with the Tax Commission, setting forth information as may be

required by the Tax Commission.

The Tax Commission, or its designated agent, shall issue,

without any fees or charges therefor, a mixed beverage tax permit in

the name of the licensee for the place of business set forth in the

application upon verification that:

1. The applicant is a holder of a mixed beverage, if not

catered, beer and wine, caterer, hotel beverage, public event, if

not catered, or special event license issued by the ABLE Commission;

2. The applicant has posted a surety bond or other negotiable

collateral to protect the proper payment of the gross receipts

taxes;

3. The applicant is a holder of a sales tax permit for the

place of business set forth in the application; and

4. The applicant is not delinquent in the payment of any gross

receipts taxes or sales taxes.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 151

A mixed beverage tax permit shall expire three (3) years after

issuance; provided, if the holder thereof is also the holder of a

sales tax permit, a mixed beverage tax permit shall be valid for

three (3) years or until expiration of the sales tax permit,

whichever is earlier, after which a renewal permit shall be valid

for three (3) years.

B. A separate mixed beverage tax permit for each place of

business to be operated must be obtained and no charge therefor

shall be made by the Tax Commission. The Tax Commission shall grant

and issue to each applicant a separate permit for each place of

business in this state, upon proper application therefor and

verification thereof by the Tax Commission.

C. A mixed beverage tax permit is not assignable and shall be

valid only for the person in whose name it is issued and for the

transaction of business at the place designated in the permit.

D. It shall be unlawful for any person to engage in a business

subject to the provisions of this section prior to the issuance of a

mixed beverage tax permit. Any person who engages in a business

subject to the provisions of this section without a mixed beverage

tax permit or permits, or after a permit has been suspended, shall

be guilty of a misdemeanor, and upon conviction thereof, shall be

fined not more than One Thousand Dollars ($1,000.00) or incarcerated

for not more than sixty (60) days, or by both such fine and

imprisonment.

E. Any person operating under a mixed beverage tax permit as

provided in this section shall, upon discontinuance of business by

sale or otherwise, return such permit to the Tax Commission for

cancellation, together with payment of any unpaid or accrued taxes.

Failure to surrender a mixed beverage tax permit and pay any and all

accrued taxes will be sufficient cause for the Tax Commission to

refuse to issue a mixed beverage tax permit subsequently to such

person to engage in or transact any business in this state subject

to the provisions of this section. Notwithstanding the provisions

of subsection H of Section 1364 of Title 68 of the Oklahoma

Statutes, the Tax Commission shall not deny a purchaser of a

business subject to the provisions of this section a mixed beverage

or sales tax permit because of outstanding tax liabilities of the

seller, provided the seller pays to the Tax Commission the estimated

sales tax owed by the seller. Provided, further, upon completion of

an audit by the Tax Commission and determination of actual sales tax

owed, the difference between the estimated sales tax paid and the

actual sales tax owed shall be paid by the seller to the Tax

Commission if taxes were underpaid or returned to the seller by the

Tax Commission if taxes were overpaid.

F. Whenever a holder of a mixed beverage tax permit fails to

comply with any provisions of any state alcoholic beverage laws or

tax laws, the Tax Commission, after giving ten-days' notice in

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 152

writing of the time and place of hearing to show cause why this

permit should not be revoked, may revoke or suspend the permit. A

mixed beverage tax permit shall be renewed upon removal of cause or

causes of revocation or suspension. Mixed beverage tax permits are

conditioned upon the proper and timely payment of all taxes due and

in the event a holder of a mixed beverage tax permit becomes

delinquent in reporting or paying any tax due under the provisions

of state tax law, any duly authorized agent of the Tax Commission

may cancel the permit and it shall be renewed only upon the filing

of proper reports and payment of all taxes due and application for

renewal in accordance with subsection A of this section.

G. Upon revocation or suspension of the mixed beverage, beer

and wine, caterer, hotel beverage, public event or special event

license by the ABLE Commission, the Tax Commission, or its duly

authorized agent, shall temporarily suspend the mixed beverage tax

permit issued to the licensee in accordance with Section 212 of

Title 68 of the Oklahoma Statutes.
Okla. Stat. tit. 37A, § 37A-5-137 — OK Code / Title 37A / Section 37A-5-137
Possession of alcoholic beverage containers not listed
Status: in_force

on an invoice - Contraband – Penalties.

A. No mixed beverage, beer and wine, caterer, public event or

special event licensee nor any officer, agent or employee of such

licensee may possess or permit to be possessed on the premises, for

which such license was issued, any container of an alcoholic

beverage which is not listed on an invoice from the wholesaler from

whom the alcoholic beverage was purchased, unless otherwise

permitted by statute.

B. All containers of alcoholic beverages which are on the

premises of a mixed beverage, beer and wine, caterer, public event

or special event licensee and which are not listed on an invoice

from the wholesaler pursuant to the provisions of this section are

declared contraband. Any duly authorized employee of the ABLE

Commission or the Oklahoma Tax Commission is authorized to seize

such containers or cases, and such seized containers or cases shall

be subject to confiscation and forfeiture pursuant to the provisions

of the Oklahoma Alcoholic Beverage Control Act.

C. Any holder of a wholesaler, mixed beverage, beer and wine,

caterer, public event or special event license who violates the

provisions of this section shall, upon conviction, be guilty of a

misdemeanor and shall be subject to revocation or suspension of such

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 175

license issued by the ABLE Commission pursuant to the provisions of

the Oklahoma Alcoholic Beverage Control Act.
Okla. Stat. tit. 37A, § 37A-2-159 — OK Code / Title 37A / Section 37A-2-159
Complimentary beverage license
Status: in_force

A complimentary beverage license shall authorize the holder

thereof: To provide, free of charge for on premises consumption

only, no more than two alcoholic beverages containing spirits,

twelve (12) ounces of wine, or twenty-four (24) ounces of beer per

day, to a guest or client who is twenty-one (21) years of age or

older. This license shall not be issued to a business which

possesses any other form of license issued by the ABLE Commission,

except for event-type licenses. Complimentary beverage licenses

shall only be issued to a business located in a building or

structure that has a permanent physical address. This license shall

only be issued to businesses which involve retail sales or provide

services to its clients including, but not limited to, furniture

stores, art studios, nail salons, hair salons, cigar stores,

clothing stores, bridal shops or business support services. A

chamber of commerce, main street, economic development authority,

vocational trade school, higher education college or similar

organization promoting economic development or an organization that

is exempt from taxation pursuant to the provisions of subsection (c)

of Section 501 of the United States Internal Revenue Code shall also

qualify for a complimentary beverage license. A business whose

patronage is primarily persons under the age of eighteen (18), is a

restaurant or a business that provides adult entertainment shall not

qualify for a license. Upon issuance of the license, the business

shall purchase all of its alcoholic beverages from a brewer,

winemaker, retail spirit, retail beer, or retail wine licensee and

will become a licensed premise subject to inspection by any ABLE

Commission agent or any other peace officer, pursuant to Section 5-

115 of Title 37A of the Oklahoma Statutes. Employees who serve the

alcoholic beverage shall be twenty-one (21) years of age or older

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 91

and shall not be required to obtain an employee license. A

complimentary beverage license shall not be used in lieu of a mixed

beverage, caterer, brew pub, brewer, public event, special event,

beer and wine, or charitable event license. This license is an

annual license and renewable on an annual basis.

A chamber of commerce, main street, economic development

authority, vocational trade school, higher education college or

similar organization promoting economic development shall be exempt

from the permanent location requirement and permitted to utilize the

license at other locations within the city in which they are located

or on their campus for member recruitment, education and development

of new business functions.

The holder of an Oklahoma winery or brewers license may serve

free samples and offer for sale sealed product for off premises

consumption at temporary tastings on the premises of a complimentary

beverage licensee.
Okla. Stat. tit. 37A, § 37A-3-116.1 — OK Code / Title 37A / Section 37A-3-116.1
Manufacturers without a designated wholesaler -
Status: in_force

Posting requirements.

A. In the event a manufacturer has not designated a wine and

spirits wholesaler, or a brewer has not appointed a beer distributor

as a designated wholesaler pursuant to subsection B of Section 3-116

of this title, to sell its product in the state, then every wine and

spirits wholesaler that sells that product shall comply with the

following posting requirements:

1. All wine and spirits wholesalers who choose to sell the

Nondesignated Product shall file with the ABLE Commission on the

fifteenth day of each posting month a proposed category percentage

markup. A percentage markup shall be defined as a percentage of

increase or decrease in relation to the wholesaler laid-in-cost for

all items in each category. The percentage does not have to be the

same for all categories, but in the original posting the percentage

shall be the same for all items in the same category;

2. The proposed markups shall be computed by percentage in the

four categories: Spirits, Cordials and Specialties, Wines-Domestic

and Wines-Imported. In reporting to the ABLE Commission, the

proposed markups shall be set forth in the following categories and

order:

a. Category 1 - Spirits: Straights, Blends, Bonds, Corn,

Rye, Scotch, Canadian, Irish, Vodka, Gin, Rum, Brandy

Alcohol and Tequila,

b. Category 2 - Cordials and Specialties: Cocktails,

Cordials, Domestic and Imported and Miscellaneous

Specialties,

c. Category 3 - Wines-Domestic: Vermouth American,

Fortified American, Light American and Champagne

American, and

d. Category 4 - Wines-Imported: Vermouth Imported,

Fortified Imported, Light French, Light German, Light

Other Imported and Champagne Imported;

3. When a wine and spirits wholesaler desires to charge for

expenses incurred in handling of individual bottles in fractional

cases, or for transportation of their alcoholic beverage to persons

licensed to purchase the same, the wine and spirits wholesaler shall

on the fifteenth day of each posting month include with its proposed

percentage posting the separate amounts, if any, to be charged for

bottle handling and the amount of transportation, respectively, to

be charged per case;

4. The proposed posting by the wine and spirits wholesaler

shall list the percentage posting, and the handling and

transportation cost without discrimination to all licensees

regardless of their distance from the wine and spirits wholesaler's

warehouse;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 124

5. The ABLE Commission shall immediately upon receipt of all

proposed category percentage postings, prepare a summation of the

proposal and disseminate an electronic copy to all wine and spirits

wholesalers. The summation shall contain the proposed percentage

posting for each category, including proposed transportation charges

as submitted by each wine and spirits wholesaler;

6. After filing the report required by this subsection, any and

all wine and spirits wholesalers shall be permitted to register on

or before the twenty-fifth day of each posting month an adjusted

price. The adjusted price means percentage or individual item

prices reported and registered by a wine and spirits wholesaler on

or before the twenty-fifth day of the posting month in response to a

lower percentage reported and registered by a competitor on the

fifteenth day of the month. The adjusted price shall be no lower

than the lowest percentage posted on the fifteenth day of said month

by any wine and spirits wholesaler;

7. The adjusted price posted by a wine and spirits wholesaler

in response to the lowest percentage posted by any wine and spirits

wholesaler may, but need not be, posted in terms of a percentage

and, if not so stated, shall state the price at which the wine and

spirits wholesaler proposes to sell each individual item or size of

item which he proposes to offer for sale during the posting period.

The price postings, except for unmodified percentage markups, shall

describe each item by brand, size, age, type and proof. Wines and

champagnes shall reflect the alcoholic contents thereof;

8. The percentage markup utilized by a wine and spirits

wholesaler in calculating its adjusted prices may be at any level

between its originally posted percentage markup and the lowest

percentage markup originally posted by any other wine and spirits

wholesaler, but may not be above its original posting or below the

lowest percentage posted by any wine and spirits wholesaler. Any

fraction within four (4) decimals in determining final prices of

bottles shall be raised to the next higher cent;

9. Each wine and spirits wholesaler may, upon the twenty-fifth

day of the posting month, adjust his transportation and handling

charges to a level no lower than that of a competitor or higher than

its initial proposal on the fifteenth day of the posting month.

Such bottle handling and transportation charge shall be in effect

for the duration of the price posting which it accompanies.

Provided, that if a licensee shall order any item in full case lots

and the wine and spirits wholesaler does not have in inventory such

item in full case lots, no bottle handling charge may be assessed to

the licensee for the partial case;

10. All wine and spirits wholesalers shall, on the same date of

filing an adjusted price posting with the ABLE Commission, transmit

electronically a copy of its adjusted prices to each wine and

spirits wholesaler in the state;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 125

11. A wine and spirits wholesaler may include a minimum order

charge of no less than One Dollar ($1.00) for any order of alcoholic

beverages to a retail, mixed beverage, caterer or special event

licensee that does not exceed the amount that such wholesaler

designates as a minimum order in his proposed price posting. The

minimum charge, if it is more than One Dollar ($1.00), and the

amount of the minimum order shall be included in the price posting;

12. All price postings, as adjusted, shall become effective on

the first day of the following month and remain in effect for a

period of two (2) months. No other charge may be assessed by the

wholesaler to the licensee except those expressly authorized by the

provisions of the Oklahoma Alcoholic Beverage Control Act or the

rules of the ABLE Commission;

13. A price posting on a new item not previously stocked by a

wine and spirits wholesaler shall be filed with the ABLE Commission

prior to offering for sale, but no such item shall be listed at a

lower price than is then, or will be, in effect during the price

period for which the new item is filed, and within the percentage in

the proper category of said wine and spirits wholesaler. In the

event of a new item posting, mailings to wine and spirits

wholesalers and those licensed to purchase wine and spirits in the

state, as herein required, shall be sent on the same date as the

postings;

14. When a wine and spirits wholesaler discontinues an item, or

does not have an item in its warehouse or on order, the item shall

be deleted from its price posting. When or if the item is restocked

or replaced in the inventory of the wine and spirits wholesaler, it

shall be reentered into the price postings as would a new item;

15. The sale of or the offer to sell alcoholic beverages at the

prices quoted in such price posting before the same is in force and

effect shall be grounds for the suspension or revocation of the wine

and spirits wholesaler's license if the new price varies from the

price then in effect; and

16. The provisions of this section are severable, and if any

provisions of the same shall be void, the decision of the court so

holding shall not affect or impair the remaining parts or provisions

thereof.

B. This section shall not apply to products that have been

designated by a manufacturer for distribution by a wine and spirits

wholesaler or by a brewer for distribution by a beer distributor

pursuant to subsection B of Section 3-116 of this title in the

state.
Okla. Stat. tit. 37, § 37-600.3 — OK Code / Title 37 / Section 37-600.3
Renumbered as § 1-229.13 of Title 63 by Laws 2016, c
Status: in_force

366, § 172, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-2-149 — OK Code / Title 37A / Section 37A-2-149
Written notice of denial, suspension or revocation of
Status: in_force

licenses.

In the case of denial of an application for an original license,

the ABLE Commission shall give written notice to the applicant

either by registered mail directed to the applicant's last-known

address or by delivery, stating the reason for such denial. If the

ABLE Commission proposes to deny renewal of any license or to

suspend or revoke a license, it shall give written notice to the

licensee addressed to the licensed premises by registered mail, by

personal delivery or by posting of the notice on the outside

entrance to the licensed premises, notifying the licensee of such

contemplated denial, suspension or revocation, and of the time and

place at which the licensee may be accorded a hearing before the

ABLE Commission on the matter, which time shall not be less than

fifteen (15) days from the date of mailing, delivery or posting of

such notice. Such notice shall set forth the grounds for the

proposed denial, suspension or revocation. The ABLE Commission may

delegate any part of this function to the Director, but any person

aggrieved by any order shall have the right to be heard by the ABLE

Commission and the ABLE Commission shall provide adequate procedure

to protect the right of persons desiring to do so.
Okla. Stat. tit. 37A, § 37A-3-116.3 — OK Code / Title 37A / Section 37A-3-116.3
Wholesalers - Electronic publishing of price catalog
Status: in_force

A. On the first business day of every month, every wine and

spirits wholesaler shall electronically publish and distribute its

price catalog to the ABLE Commission, to all licensees who have

purchased alcoholic beverages from the wine and spirits wholesaler

within the past sixty (60) days, and to any on-premises or off-

premises licensee who requests an electronic copy of the same.

Every price catalog shall contain the sales price of every item

offered for sale by brand name, size, proof and type of alcoholic

beverage, as well as any transportation, handling and other charges

to be assessed for the delivery of the products. In addition, every

price catalog shall contain the effective date of the price catalog,

as well as the name, physical address, office phone number and

facsimile number of the wine and spirits wholesaler.

B. The wine and spirits wholesaler shall not alter or modify

its price catalog without the prior written consent of the ABLE

Commission for good cause shown. The ABLE Commission may also

approve a modification to a wine and spirits wholesaler's price

catalog in the event a manufacturer is allowed to change the price

of a product within the posting period. For designated products,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 127

the price amendment shall become effective on the first business day

of the following calendar week. For nondesignated products, the

price amendment shall become effective on the first day of the

second month of the sixty-day posting period. The wine and spirits

wholesaler shall publish and distribute all approved price

amendments consistent with the requirements set forth in subsection

A of this section.
Okla. Stat. tit. 37, § 37-600.12 — OK Code / Title 37 / Section 37-600.12
Renumbered as § 1-229.25 of Title 63 by Laws 2016, c
Status: in_force

366, § 183, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-6-118 — OK Code / Title 37A / Section 37A-6-118
Unlawful selling, delivering, possessing and buying
Status: in_force

alcoholic beverages – Penalties.

Any person holding a license issued pursuant to the Oklahoma

Alcoholic Beverage Control Act who shall sell or deliver alcoholic

beverage to any person not entitled to purchase or receive same,

except as provided in Section 160 of this act, or who shall possess

for sale any alcoholic beverage which he or she is not entitled to

sell under the license, or any person who buys any alcoholic

beverage, either retail or wholesale, from any person other than a

licensed dealer under the terms of the Oklahoma Alcoholic Beverage

Control Act, shall be guilty of a misdemeanor and upon conviction,

be fined not more than One Thousand Five Hundred Dollars

($1,500.00), or imprisoned in the county jail for not more than six

(6) months, or by both such fine and imprisonment.
Okla. Stat. tit. 37A, § 37A-5-132 — OK Code / Title 37A / Section 37A-5-132
Brand label required - Application for registration of
Status: in_force

brand label - Form – Fees.

A. Except as provided in subsection D of this section, no

alcoholic beverage shall be labeled, offered or advertised for sale

in this state unless in accordance with rules promulgated pursuant

to the provisions of Section 5-130 of this title and unless the

brand label shall have been registered with and approved by the ABLE

Commission and the appropriate fee paid as provided for in this

section.

B. An application for registration of a brand label shall be

filed by and fees paid by the manufacturer or brewer, winemaker,

distiller or nonresident seller of the brand. Licensees, other than

the foregoing applicants, shall not be required to verify

registration to the ABLE Commission and shall not be penalized for

any applicant’s failure to register its brand label in accordance

with this section. Cordials and wines which differ only as to age

or vintage year, as defined by such rules, shall be considered the

same brand, and those that differ as to type or class may be

considered the same brand by the ABLE Commission where consistent

with the purposes of this section.

C. The application for registration of a brand label shall be

filed on a form prescribed by the ABLE Commission, and shall contain

such information as the ABLE Commission shall require. Such

application shall be accompanied by a certified check, bank

officers’ check or draft or money order in the amount of the annual

registration fee, or the properly prorated portion thereof

prescribed by this section.

D. 1. The annual fee for registration of any brand label for

spirits shall be Three Hundred Seventy-five Dollars ($375.00),

unless total amount of spirits made available for sale in a single

year does not exceed fifty-three (53) gallons, in which case the

annual fee for registration of any brand label shall be Seventy-five

Dollars ($75.00). The annual fee for registration of any brand

label for beer shall be Two Hundred Dollars ($200.00). The annual

fee for registration of any brand label for wine made in the United

States, or for registration of any category of imported wine as

defined by the Oklahoma Tax Commission, shall be Two Hundred Dollars

($200.00). Beer manufactured in this state shall be exempt from

brand label registration fees.

2. Each brand label registered and approved pursuant to this

section shall be valid for a term of up to one (1) year, expiring on

the June 30 next following registration, and may be renewed for

subsequent terms of one (1) year beginning on the July 1 following

the initial registration. Brand registration fees for labels

registered after July 1 may be prorated through the following June

30 on a quarterly basis. The brand registration fee shall not be

transferable, unless otherwise allowed by law. A nonresident seller

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 169

who registered brands prior to May 7, 2019, may transfer brand

registrations to the brewer or manufacturer that produces those

brands, provided the brewer or manufacturer has obtained a license,

at no expense to the nonresident seller, brewer or manufacturer.

E. If the ABLE Commission shall deny the application for

registration of a brand label, it shall return the registration fee

to the applicant, less twenty-five percent (25%) of such fee.

F. The ABLE Commission may at any time exempt any discontinued

brand from fee provisions of this section where a manufacturer,

brewer, beer distributor or wholesaler has an inventory of one

hundred cases or less of liquor or wine and five hundred cases or

less of beer, and certifies to the ABLE Commission in writing that

such brand is being discontinued.

G. No private labels or control labels shall be approved for

sale in this state, except for charity collaboration beer as

authorized in Section 2-102.1 of this title.
Okla. Stat. tit. 37A, § 37A-5-117 — OK Code / Title 37A / Section 37A-5-117
Sale of forfeited alcoholic beverage
Status: in_force

After an order of forfeiture, and when a proceeding for judicial

review of the order has been concluded or the time for judicial

review has expired, the ABLE Commission, to the extent that its

order is sustained on review, shall sell such forfeited alcoholic

beverage at such time and place and in such manner as it deems

advisable. Proceeds of such sales shall be deposited with the State

Treasurer for the credit of the General Revenue Fund of the State of

Oklahoma.
Okla. Stat. tit. 37A, § 37A-5-128 — OK Code / Title 37A / Section 37A-5-128
Alcoholic Beverage Control Fund - Alcoholic Beverage
Status: in_force

Governance Revolving Fund.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 166

A. There is hereby created in the State Treasury a fund to be

known as the "Alcoholic Beverage Control Fund" which shall consist

of revenues collected by the state from license and registration

fees, with any interest, fines or penalties levied and collected by

the ABLE Commission pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act; provided, the first Three Hundred

Thousand Dollars ($300,000.00) of such revenues collected each

fiscal year shall be deposited to the Community-Based Substance

Abuse Revolving Fund and the next Twenty Thousand Dollars

($20,000.00) of such revenues collected each fiscal year shall be

deposited in the Prevention of Youth Access to Alcohol Revolving

Fund. Any unappropriated balance in the Oklahoma Alcoholic Beverage

Control Fund at the close of each fiscal year shall revert to the

General Revenue Fund of the State of Oklahoma, except for the amount

necessary to satisfy any appropriations made or to be made from the

fund by the Oklahoma State Legislature for the ensuing fiscal year.

All such monies collected by the ABLE Commission pursuant to the

provisions of the Oklahoma Alcoholic Beverage Control Act shall be

deposited in the State Treasury for credit to the General Revenue

Fund of the state, except as provided in subsection B of this

section.

B. There is hereby created in the State Treasury a revolving

fund for the ABLE Commission to be designated the "Alcoholic

Beverage Governance Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

any monies received from the surcharge collected by the Tax

Commission pursuant to subsection F of Section 13 of this act and

any other sources of funds provided by law. All monies accruing to

the credit of the fund shall be budgeted and expended by the ABLE

Commission for general operations. 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-2-131 — OK Code / Title 37A / Section 37A-2-131
Small farm winery license
Status: in_force

A. A small farm winery license shall authorize the holder

thereof:

1. To manufacture and bottle wines produced by that small farm

winery;

2. To bottle and sell wines produced by another small farm

winery. In order for a small farm winery to bottle and sell another

small farm winery’s products, both the selling winery and the buying

winery shall be small farm winery permit holders;

3. To establish satellite tasting rooms as defined and

authorized in the Oklahoma Alcoholic Beverage Control Act, where:

a. the winemaker’s products may be tasted, sampled, sold,

and served for on-premises consumption and the

winemaker is permitted to sell its products in sealed

containers; provided, the small farm winery license is

active and in good standing, or

b. beer purchased by the licensed small farm winery may

be sold for on-premises consumption.

The wine sold at a satellite tasting room must have been

produced/manufactured by the holder of a small farm winery license

and must have all manufacturing taxes paid. The beer sold at a

satellite tasting room shall be purchased pursuant to paragraph 6 of

this subsection;

4. The small farm winery licensee shall have the same authority

as the winemaker licensee;

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

and

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

wholesaler, beer distributor, small brewer self-distributor or

brewpub self-distributor license or as specifically provided by law

and to sell, offer for sale and possess beer for on-premises

consumption.

B. A small farm wine may display the trademarked “Oklahoma

Grown” sticker available from the Oklahoma Grape Industry Council.
Okla. Stat. tit. 37A, § 37A-2-102.1 — OK Code / Title 37A / Section 37A-2-102.1
Charitable Collaboration Brewer License
Status: in_force

Charitable Collaboration Brewer License.

A. A charitable collaboration brewer license shall authorize

the collaborating licensed brewers and holders thereof:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 32

1. To formulate, manufacture, bottle, package and store the

charitable collaboration beer, or any part thereof, on the licensed

premises;

2. To sell the charitable collaboration beer in this state to

holders of beer distributor licenses;

3. To sell the charitable collaboration beer out of this state

to qualified persons for the sole purpose of fundraising for the

stated charitable purposes;

4. To sell the charitable collaboration beer in this state to

holders of retail licenses;

5. To serve free samples of the charitable collaboration beer

produced by the collaborating licensed brewers to visitors twenty-

one (21) years of age or older on the collaborating brewery licensed

premises;

6. To sell the charitable collaboration beer produced by the

collaborating licensee brewers for either on-premises or off-

premises consumption to consumers on the brewery premises, or on

premises located contiguous thereto;

7. To sell the charitable collaboration beer produced by the

collaborating licensed brewers at public events such as trade shows

or festivals; and

8. To purchase the charitable collaboration beer produced by

the collaborating licensed brewers in retail containers from the

holder of a beer distributor license to sell or serve in accordance

with this section.

B. Nothing in this section shall prohibit the holder of a

charitable collaboration brewer license from also holding or owning

an interest in the holder of a brewpub license.

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

than a total of twelve (12) fluid ounces of the charitable

collaboration beer per day. The brewer must restrict the

distribution and consumption of charitable collaboration beer

samples to an area within the licensed premises designated by the

brewer. A current floor plan that includes the designated sampling

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 sampling area when samples are being distributed or

consumed. Samples of the charitable collaboration beer served by a

collaborating brewery under this section shall not be considered a

sale of beer within the meaning of Article XXVIII-A of the Oklahoma

Constitution or Section 1-103 of Title 37A of the Oklahoma Statutes;

however, such samples of the charitable collaboration beer shall be

considered beer removed or withdrawn from the brewery for use or

consumption within the meaning of Section 5-110 of Title 37A of the

Oklahoma Statutes 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.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 33

D. If a small brewer is a licensed charitable collaborating

brewer and such small brewer holds a self-distribution license, it

shall authorize the holder thereof to distribute the charitable

collaboration beer produced 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. If a small

brewer has elected to distribute through a distributor or self-

distribute in a subject territory, for purposes of the charitable

collaboration brewer license such small brewer and the other

collaborating brewer may elect to do both simultaneously in a

subject territory upon notice to the ABLE Commission.

E. The ABLE Commission shall promulgate rules, forms and fees

to implement and enforce the charitable collaboration brewer

license.

F. When more than one Oklahoma-licensed brewer makes

application to the ABLE Commission to develop a charitable

collaboration beer offering and seeks to obtain a charitable

collaboration brewer license, the ABLE Commission shall evaluate the

application based upon any of the following:

1. Whether the collaboration has a legitimate charitable

purpose in this state, another state or a national charitable

effort;

2. Whether the formula needs approval by any federal regulatory

authority;

3. Whether the Oklahoma Tax Commission has been notified of the

request for a tax exemption to allow the collaborators to transfer-

in-bond products between the licensed premises of the collaborating

brewers and whether the Tax Commission approves such transfer-in-

bond;

4. The license standing of each licensed collaborating brewer

in this state, including, but not limited to, any required storage

licenses.

Upon consideration of the application facts and detailed plans

submitted by the collaborating brewers, the ABLE Commission shall

make its determination whether or not to issue the charitable

collaboration brewer license. Upon approval of a charitable

collaboration brewer license, such license shall be issued to both

licensed brewers for the development and manufacture of a charitable

collaboration beer offering. Each licensed brewer shall be required

to post the charitable collaboration brewer license at their

licensed premises and such license number shall be clearly affixed

to any alcohol products stored or transferred-in-bond between the

collaborating breweries. The charitable collaboration beer offering

shall require a private label approved by the ABLE Commission

according to the label requirements promulgated by the ABLE

Commission rules.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 34
Okla. Stat. tit. 37A, § 37A-5-116 — OK Code / Title 37A / Section 37A-5-116
Hearing to determine whether taxes are unpaid - Order
Status: in_force

to confiscate and forfeit.

A. After the seizure of such container of alcoholic beverage

upon which the taxes have not been paid, any officer or employee of

the ABLE Commission, designated in writing by the Director, shall

hold a hearing to determine whether the container of alcoholic

beverage seized did not have the necessary taxes paid as required by

the Oklahoma Alcoholic Beverage Control Act and the rules

thereunder. The ABLE Commission shall give not less than seven-

days' notice of the time and place of such hearing to the owner of

such container of alcoholic beverage, if known, and also to the

person in whose possession such container was found, if such person

is known, and if such person in possession is not the owner of the

property. The Director, or any employee of the ABLE Commission,

designated to conduct such hearing, shall have power to administer

oaths and the power to issue subpoenas requiring the attendance of

and the giving of testimony by witnesses and subpoenas duces tecum

requiring the production of books, papers, records and memoranda.

B. Pursuant to such hearing, the ABLE Commission shall

determine whether the container of alcoholic beverage seized did not

have the taxes paid as required by the Oklahoma Alcoholic Beverage

Control Act and the rules thereunder, and upon a decision to that

effect, an order shall be entered that such container of alcoholic

beverage is confiscated and forfeited to the State of Oklahoma. The

ABLE Commission shall give notice of such order to the owner of such

container of alcoholic beverage, if known, and also to the person in

whose possession the property so taken was found, if such person is

known, and if such person in possession is not the owner of the

property.
Okla. Stat. tit. 37A, § 37A-3-111 — OK Code / Title 37A / Section 37A-3-111
Termination of distribution agreement - Requirements -
Status: in_force

Immediate termination - Transfer of brand to successor brewer.

A. Except as provided in subsection G of this section, a small

brewer is not subject to the termination provisions of this section.

B. 1. Except as provided in subsection C of this section, no

brewer shall terminate a distributor agreement with any beer

distributor without establishing good cause for such termination and

unless all of the following occur:

a. the beer distributor receives written notification by

certified mail, return receipt requested, from the

brewer stating with specificity the alleged

noncompliance with the provisions of the agreement and

is afforded no less than sixty (60) days in which to

cure such noncompliance. If not capable of being

cured within the sixty-day period, the beer

distributor shall begin the cure within the sixty-day

period and diligently pursue the cure as promptly as

feasible,

b. the beer distributor fails to cure such noncompliance

within the allotted cure period, and

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 110

c. the brewer provides written notice by certified mail,

return receipt requested, to the beer distributor of

such continued noncompliance. The notification shall

contain a statement of the intention of the brewer to

terminate the distributor agreement, the reasons for

the termination, and the date the termination shall

take effect.

2. If a beer distributor cures an alleged noncompliance within

the cure period provided in subparagraph a of paragraph 1 of this

subsection, any notice of termination from a brewer to a beer

distributor shall be null and void.

C. A brewer may immediately terminate a distributor agreement,

effective upon furnishing written notification to the beer

distributor by certified mail, return receipt requested, for any of

the following reasons:

1. The beer distributor’s failure to pay any account when due

and upon written demand by the brewer for such payment, in

accordance with agreed payment terms;

2. The assignment or attempted assignment by the beer

distributor for the benefit of creditors, the institution of

proceedings in bankruptcy by or against the beer distributor, the

dissolution or liquidation of the beer distributor, or the

insolvency of the beer distributor;

3. The revocation or suspension of, or the failure to renew for

a period of more than fourteen (14) days, a beer distributor’s

state, local, or federal license or permit to sell beer in this

state;

4. The beer distributor has been convicted of a felony that, in

the brewer’s sole judgment, adversely affects the goodwill of the

beer distributor or brewer; provided, however, an existing

stockholder or stockholders, partner or partners, or member or

members shall have the right to purchase the stock, partnership

interest, or membership interest of the offending stockholder,

partner, or member prior to the conviction of the offending

stockholder, partner, or member, subject to brewer’s approval, which

shall not be unreasonably withheld, and if the sale is completed

prior to conviction, the provisions of this paragraph shall not

apply;

5. A beer distributor has been convicted of, found guilty of,

or pled guilty or nolo contendere to a charge of violating a law or

regulation of the United States or of this state if it materially

and adversely affects the ability of the beer distributor or brewer

to continue to sell its beer in this state;

6. Any attempted transfer or change in beneficial ownership of

ten percent (10%) or more of the beer distributor, stock of the beer

distributor, or stock of any parent corporation of the beer

distributor, or any change in the ownership or control of any entity

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 111

having control of the beer distributor, without obtaining the prior

written approval of the brewer, which may not be unreasonably

withheld and shall be based on objective requirements imposed on all

other distributors, except as may otherwise be permitted pursuant to

a written agreement between the parties;

7. Fraudulent conduct, by or on the part of the beer

distributor or any owner of the beer distributor, or by any employee

as to which the beer distributor or any of its owners or its senior

management knew or reasonably should have known, in the beer

distributor’s dealings with the brewer of beer, including the

intentional sale of beer outside the brewer’s established quality

standards; provided, however, in the case of fraudulent conduct by a

beer distributor employee other than the owner or senior management

and only in the event the beer distributor was unaware or should not

have been aware of such fraudulent conduct, the beer distributor

shall be allowed a sixty-day cure period following written notice of

such conduct from the brewer, and shall only be terminated for

failing to cure the same within sixty (60) days thereof;

8. Cessation of the beer distributor to conduct business for

five (5) consecutive business days, unless conducting the business

is prevented or rendered impractical due to events beyond the

distributor’s reasonable control as a result of an act of God, an

insured casualty, war, or a condition of national, state, or local

emergency; or

9. Any intentional sale of beer, directly or indirectly, to

customers located outside the territory assigned to the beer

distributor by the brewer unless expressly authorized by the brewer.

D. Any beer distributor terminated by a brewer under subsection

B of this section shall have the opportunity to sell the brewer’s

brand rights for one hundred twenty (120) days after termination in

accordance with the distributor agreement. If no such sale occurs,

the brewer’s newly appointed distributor shall pay the beer

distributor the fair market value of the distribution rights, which

will be lost or diminished by reason of termination, and the newly

appointed distributor shall purchase any remaining unexpired

inventory for laid in cost. If the parties cannot agree on the fair

market value, the parties shall follow the same procedures as set

forth in paragraphs 2 through 6 of subsection G of this section.

E. The brewer shall have the right to terminate an agreement

with a beer distributor at any time by giving the beer distributor

at least ninety (90) days’ written notice by certified mail, return

receipt requested; provided, the brewer shall give a similar notice

to all beer distributors in all other states with which the brewer

has a distributor agreement.

F. 1. If a particular brand of beer is transferred by purchase

or otherwise from a brewer to a successor brewer, the successor

brewer shall become obligated to all of the terms and conditions of

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 112

the agreement in effect on the date of succession. This subsection

applies regardless of the character or form of the succession. A

successor brewer has the right to contractually require its beer

distributor to comply with operational standards of performance, if

the standards are uniformly established for all of the successor

brewer’s distributors. Provided, however, where the successor

brewer holds a brewer’s license in the state as of January 1, 2023,

and has an existing distribution agreement with a beer distributor,

the successor brewer may terminate the distribution agreement, in

whole or in part, in order to transfer the brand rights to the

successor brewer’s beer distributor with at least sixty (60) days’

written notice to the terminated distributor and with termination

effective upon payment to the terminated beer distributor the fair

market value of the terminated beer distributor’s business with

respect to the terminated brand or brands.

2. A successor brewer may, upon written notice, terminate its

agreement, in whole or in part, with a beer distributor of the

brewer it succeeded, for the purpose of transferring the

distribution rights in the beer distributor’s territory to a new

beer distributor, provided that the successor beer distributor first

pays to the existing beer distributor the fair market value of the

existing distributor’s business with respect to the terminated brand

or brands.

3. If the successor brewer decides to terminate its agreement

with the existing beer distributor for purposes of transfer, the

successor brewer shall notify the existing beer distributor in

writing of the successor brewer’s intent not to appoint the existing

beer distributor for all or part of the existing beer distributor’s

territory. The successor brewer shall mail the notice of

termination by certified mail, return receipt requested, to the

existing beer distributor. The successor brewer shall include in

the notice the names, addresses, and telephone numbers of the

successor beer distributor or distributors.

4. a. the successor beer distributor shall negotiate with

the existing beer distributor to determine the fair

market value of the existing beer distributor’s right

to distribute in the existing beer distributor’s

territory. The successor beer distributor and the

existing beer distributor shall negotiate the fair

market value in good faith, and

b. the existing beer distributor shall continue to

distribute in good faith until payment of the

compensation agreed to under subparagraph a of this

paragraph, or awarded under paragraph 5 of this

subsection, is received.

5. a. if the successor beer distributor and the existing

beer distributor fail to reach a written agreement on

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 113

the fair market value within thirty (30) days after

the existing beer distributor receives the notice

required pursuant to paragraph 2 of this subsection,

the successor beer distributor or the existing beer

distributor shall send a written notice to the other

party requesting arbitration pursuant to the Uniform

Arbitration Act, Part 2 of Article 22 of Title 13,

C.R.S. Arbitration shall be held for the purpose of

determining the fair market value of the existing beer

distributor’s right to distribute in the existing beer

distributor territory,

b. notice of intent to arbitrate shall be sent, as

provided in subparagraph a of this paragraph, not

later than forty (40) days after the existing beer

distributor receives the notice required pursuant to

paragraph 2 of this subsection. The arbitration

proceeding shall conclude not later than sixty (60)

days after the date the notice of intent to arbitrate

is mailed to a party, unless this time is extended by

mutual agreement of the parties and the arbitrator,

c. any arbitration held pursuant to this subsection shall

be conducted in a city within this state that:

(1) is closest to the existing beer distributor, and

(2) has a population of more than twenty thousand

(20,000) people according to the latest Federal

Decennial Census,

d. any arbitration held pursuant to this paragraph shall

be conducted before one impartial arbitrator to be

selected by the American Arbitration Association (AAA)

or its successor. The arbitration shall be conducted

in accordance with the rules and procedures of the

Uniform Arbitration Act, Part 2 of Article 22 of Title

13, C.R.S. The AAA arbitrator shall have no fewer

than fifteen (15) years of experience in franchise law

and shall use the laws of the state where the

distributor is located and shall not use other state

laws in his or her reviews,

e. an arbitrator’s award in any arbitration held pursuant

to this paragraph shall be monetary only and shall not

enjoin or compel conduct. Any arbitration held

pursuant to this paragraph shall be in lieu of all

other remedies and procedures,

f. the cost of the arbitrator and any other direct costs

of an arbitration held pursuant to this paragraph

shall be equally divided by the parties engaged in the

arbitration. All other costs shall be paid by the

party incurring them,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 114

g. the arbitrator in any arbitration held pursuant to

this paragraph shall render a written decision not

later than thirty (30) days after the conclusion of

the arbitration, unless this time is extended by

mutual agreement of the parties and the arbitrator.

The decision of the arbitrator is final and binding on

the parties, but questions of error of law may be

appealed by either party to a state or federal court

in the state where the distributor is located. The

arbitrator’s award may be enforced by commencing a

civil action in any court of competent jurisdiction.

Under no circumstances may the parties appeal the

decision of the arbitrator,

h. an existing beer distributor or successor beer

distributor who fails to participate in the

arbitration hearings in any arbitration held pursuant

to this paragraph waives all rights the existing beer

distributor or successor beer distributor would have

had in the arbitration and is considered to have

consented to the determination of the arbitrator, and

i. if the existing beer distributor does not receive

payment from the successor beer distributor of the

settlement or arbitration award required under

subparagraph e through g of this paragraph within

thirty (30) days after the date of the settlement or

arbitration award:

(1) the existing beer distributor shall remain the

beer distributor in the existing beer

distributor’s territory to at least the same

extent that the existing beer distributor

distributed the beer immediately before the

successor brewer acquired rights to the brand,

and

(2) the existing beer distributor is not entitled to

the settlement or arbitration award.

G. 1. In addition to termination rights that may be set forth

in a distributor agreement, a small brewer may terminate a

distributor agreement with any beer distributor; provided, that

prior to the effective date of the termination, the small brewer

pays the beer distributor the fair market value of the distribution

rights which will be lost or diminished by reason of the termination

and purchases, or requires the newly appointed distributor to

purchase, any remaining unexpired inventory for laid in cost.

2. If such small brewer and beer distributor cannot mutually

agree to the fair market value of the applicable distribution rights

lost or diminished by reason of the termination, then the brewer

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 115

shall pay the beer distributor a good-faith estimate of the fair

market value of the applicable distribution rights.

3. If the beer distributor being terminated under paragraph 2

of this subsection disputes that the payment made by the small

brewer was less than the fair market value of the distribution

rights, then the beer distributor may within forty-five (45) days of

termination submit the question of fair market value of the

applicable distribution rights lost or diminished by reason of the

termination to binding arbitration before a panel of three neutral

arbitrators appointed in accordance with the commercial arbitration

rules of the American Arbitration Association, which panel shall

determine by majority decision whether the small brewer’s payment

meets the requirements of paragraph 2 of this subsection.

4. If the arbitration panel rules that the payment made by the

small brewer to the beer distributor upon termination was less than

the fair market value of distribution rights lost or diminished by

reason of the termination, then the small brewer shall pay the beer

distributor the difference between the payment made to the beer

distributor and the determined fair market value plus interest.

5. If the arbitration panel rules that the payment made by the

small brewer to the beer distributor upon termination was more than

the fair market value of distribution rights lost or diminished by

reason of the termination, then the beer distributor shall pay the

small brewer the difference between the payment made to the beer

distributor and the determined fair market value, plus interest.

6. All arbitration fees and expenses shall be equally divided

among the parties to the arbitration, except if the arbitration

panel determines that the small brewer’s payment upon termination

was not a good-faith estimate of the fair market value, then the

panel may award up to one hundred percent (100%) of the arbitration

costs to the prevailing party.

H. 1. Any beer distributor or brewer who is aggrieved by a

violation of any provision of this section shall be entitled to the

recovery of damages caused by the violation. If a beer distributor

is not terminated in accordance with the provisions of this section,

damages may additionally include the fair market value of the

distribution rights and the purchase, or the requirement that the

newly appointed distributor purchase, any remaining unexpired

inventory for laid in cost. Damages shall be sought in a civil

action in any court of competent jurisdiction.

2. Any dispute arising under this section may also be settled

by such dispute resolution procedures as may be provided by a

written agreement between the parties.

I. Nothing in this section shall be construed to limit or

prohibit good-faith settlements voluntarily entered into by the

parties.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 116

J. Except as otherwise provided herein, nothing in this section

shall be construed to give a beer distributor any right to

compensation if an agreement with the beer distributor is terminated

by a brewer pursuant to this section.

K. No brewer shall require any beer distributor to waive

compliance with any provision of the Oklahoma Alcoholic Beverage

Control Act and any provisions of the Oklahoma Alcoholic Beverage

Control Act shall supersede any provisions of a distributor

agreement in conflict in this section.

L. No brewer shall charge or accept, and no beer distributor

shall pay or provide, in a material way, any money, property,

gratuity, rebate, free goods, shipping charges different than those

charged for all beer distributors, allowances, thing of value, or

other inducement, as defined in Section 3-123 of this title, from a

beer distributor in exchange for the brewer entering into a

distributor agreement with the beer distributor. However, a brewer

who also holds a beer distributor license and desires to sell all or

a portion of its beer distribution rights and business, or a holder

of a small brewer license who desires to change its election from

self-distribution to the use of a distributor agreement, may accept

a payment for the fair market value of its existing and established

distribution business in the subject territory.

M. This section shall apply to any agreement entered into and

any renewals, extensions, amendments, or conduct constituting a

modification of a distributor agreement by a brewer or cider

manufacturer.

N. Where a cider manufacturer distributes cider through a beer

distributor, the rights and obligations of the cider manufacturer,

the distributor, a successor cider manufacturer, and a successor

distributor shall be the same as the rights and obligations provided

in this section for a brewer, beer distributor, successor brewer,

and successor beer distributor.
Okla. Stat. tit. 37, § 37-600.23 — OK Code / Title 37 / Section 37-600.23
Participating manufacturers – Escrow deposits
Status: in_force

A. Any tobacco product manufacturer selling cigarettes to

consumers within the state, whether directly or through a

distributor, retailer or similar intermediary or intermediaries,

after July 1, 1999, shall do one of the following:

1. Become a participating manufacturer, as that term is defined

in Section II(jj) of the Master Settlement Agreement, and generally

perform its financial obligations under the Master Settlement

Agreement; or

2. Place into a qualified escrow fund, by April 15 of the year

following the year in question, the following amounts, as such

amounts are adjusted for inflation:

a. 1999: ninety-four thousand two hundred forty-one one-

hundred-thousandths of one cent ($.0094241) per unit

sold after July 1, 1999,

b. 2000: one hundred four thousand seven hundred twelve

one-hundred-thousandths of one cent ($.0104712) per

unit sold,

c. for each of 2001 and 2002: one hundred thirty-six

thousand one hundred twenty-five one-hundred-

thousandths of one cent ($.0136125) per unit sold,

d. for each of 2003 through 2006: one hundred sixty-

seven thousand five hundred thirty-nine one-hundred-

thousandths of one cent ($.0167539) per unit sold, and

e. for each of 2007 and each year thereafter: one

hundred eighty-eight thousand four hundred eighty-two

one-hundred-thousandths of one cent ($.0188482) per

unit sold.

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 20

B. A tobacco product manufacturer that places funds into escrow

pursuant to paragraph 2 of subsection A of this section shall

receive the interest or other appreciation on such funds as earned.

Such funds themselves shall be released from escrow only under the

following circumstances:

1. To pay a judgment or settlement on any released claim

brought against such tobacco product manufacturer by the state or

any releasing party located or residing in the state. Funds shall

be released from escrow under this paragraph:

a. in the order in which they were placed into escrow,

and

b. only to the extent and at the time necessary to make

payments required under such judgment or settlement;

2. To the extent that a tobacco product manufacturer

establishes that the amount it was required to place into escrow on

account of units sold in this state in a particular year was greater

than the Master Settlement Agreement payments, as determined

pursuant to Section IX(i) of that Agreement, including after final

determination of all adjustments, that such manufacturer would have

been required to make on account of such units sold had it been a

participating manufacturer, the excess shall be released from escrow

and revert back to such tobacco product manufacturer, unless

otherwise provided for by subsection C or D of this section; or

3. To the extent not released from escrow under paragraph 1 or

2 of this subsection, funds shall be released from escrow and revert

back to such tobacco product manufacturer twenty-five (25) years

after the date on which they were placed into escrow.

C. If this act, or any portion of the amendment to paragraph 2

of subsection B of this section made by this act, is held by a court

of competent jurisdiction to be unconstitutional, then paragraph 2

of subsection B of this section shall have no force and effect.

D. If in accordance with the provisions of subsection C of this

section, paragraph 2 of subsection B of this section shall have no

force and effect because a court of competent jurisdiction found

such provisions unconstitutional, and if, thereafter, a court of

competent jurisdiction finds that subsection B of this section

without the provisions of paragraph 2 of subsection B of this

section is unconstitutional, then paragraph 2 of subsection B of

this section shall be replaced by the provisions of paragraph 1 of

this subsection.

1. To the extent that a tobacco product manufacturer

establishes that the amount it was required to place into escrow in

a particular year was greater than the allocable share for the state

of the total payments that such manufacturer would have been

required to make in that year under the Master Settlement Agreement

(as determined pursuant to Section IX(i)(2) of the Master Settlement

Agreement, and before any of the adjustments or offsets described in

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 21

Section IX(i)(3) of that Agreement other than the Inflation

Adjustment) had it been a participating manufacturer, the excess

shall be released from escrow and revert back to such tobacco

product manufacturer.

2. Neither any holding of unconstitutionality nor the rendering

of paragraph 2 of subsection B of this section to have no force and

effect shall affect, impair or invalidate any other provision of

this section, or the application of this section to any other person

or circumstance, and the remaining portions of this section shall at

all times continue in full force and effect.

E. Each tobacco product manufacturer that elects to place funds

into escrow pursuant to paragraph 2 of subsection A of this section

shall annually certify to the Attorney General that it is in

compliance with paragraph 2 of subsection A of this section. The

Attorney General may bring a civil action on behalf of the state

against any tobacco product manufacturer that fails to place into

escrow the funds required under this section. Any tobacco product

manufacturer that fails in any year to place into escrow the funds

required under this section shall:

1. Be required within fifteen (15) days to place such funds

into escrow as shall bring it into compliance with this section.

The court, upon a finding of a violation of paragraph 2 of

subsection A or this subsection of this section, may impose a civil

penalty to be paid to the General Fund of the state in an amount not

to exceed five percent (5%) of the amount improperly withheld from

escrow per day of the violation and in a total amount not to exceed

one hundred percent (100%) of the original amount improperly

withheld from escrow;

2. In the case of a knowing violation, be required within

fifteen (15) days to place such funds into escrow as shall bring it

into compliance with this section. The court, upon a finding of a

knowing violation of paragraph 2 of subsection A or this subsection

of this section, may impose a civil penalty to be paid to the

General Fund of the state in an amount not to exceed fifteen percent

(15%) of the amount improperly withheld from escrow per day of the

violation and in a total amount not to exceed three hundred percent

(300%) of the original amount improperly withheld from escrow; and

3. In the case of a second knowing violation, be prohibited

from selling cigarettes to consumers within the state, whether

directly or through a distributor, retailer or similar intermediary,

for a period not to exceed two (2) years.

Each failure to make an annual deposit required under this

section shall constitute a separate violation.
Okla. Stat. tit. 37A, § 37A-6-120 — OK Code / Title 37A / Section 37A-6-120
Selling, furnishing or giving alcoholic beverages to
Status: in_force

persons under 21 - Penalties.

A. Any person who shall sell, furnish or give alcoholic

beverage to a person under twenty-one (21) years of age 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 D3 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

20P 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.

B. Any person convicted of a violation pursuant to subsection A

of this section shall be required to attend a victims impact panel

program, as defined in Section 991a of Title 22 of the Oklahoma

Statutes.
Okla. Stat. tit. 37A, § 37A-2-160 — OK Code / Title 37A / Section 37A-2-160
Satellite tasting room license
Status: in_force

A satellite tasting room license shall authorize the holder of a

small farm winery license or winemaker license to operate no more

than two satellite locations in addition to his or her licensed

premises for the purpose of providing tastings, samples and retail

sales for on-premises or off-premises consumption to consumers over

twenty-one (21) years of age; provided the wine tasted, sampled or

sold shall have been produced/manufactured by the holder of a small

farm winery or winemaker license and shall have all manufacturing

taxes paid.

The holder of a small farm winery license or winemaker license

must obtain approval for each satellite location from the city, town

or municipality before submitting the application to the ABLE

Commission. The fee for licensing each satellite location will be

One Hundred Dollars ($100.00) annually.

The small farm winery licensee or winemaker licensee operating a

satellite tasting room must keep such license in good standing and

is liable for any violation committed on the premises of its

satellite tasting rooms. Employees and managers of the satellite

tasting room must be trained in alcohol handling, laws and

regulations and hold a current alcohol servers license and must be

over twenty-one (21) years of age.

For purposes of this section, the term "tasting or tastings"

means the serving of free samples of the winemaker's products not to

exceed more than a total of six (6) fluid ounces of wine per person

aged twenty-one (21) years or older per day, or the serving of the

winemaker's products by individual drink purchased by the consumer

for on-premises consumption, or the retail sale of the winemaker's

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 92

products in sealed containers to an on-premises customer for off-

premises consumption, or any combination thereof.
Okla. Stat. tit. 37A, § 37A-1-106 — OK Code / Title 37A / Section 37A-1-106
Exercise of police power
Status: in_force

The Oklahoma Alcoholic Beverage Control Act shall be deemed an

exercise of the police power of the State of Oklahoma for the

protection of the welfare, health, peace, temperance and safety of

the people of this state, and all provisions hereof shall be

construed for the accomplishment of that purpose.
Okla. Stat. tit. 37, § 37-600.6 — OK Code / Title 37 / Section 37-600.6
Renumbered as § 1-229.16 of Title 63 by Laws 2016, c
Status: in_force

366, § 174, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-2-157 — OK Code / Title 37A / Section 37A-2-157
Winery self-distribution - Report to Commission on
Status: in_force

sales - Notice of exceeding production limit – Fines.

A. Every winemaker or small farm winery electing to directly

sell its wines to retailers, mixed beverage licensees, beer and wine

licensees, and restaurants must obtain a winery self-distribution

license and pay the applicable license fee and shall register its

products and post its prices with the state in the same manner

required of the holder of a nonresident seller license.

B. Every winemaker or small farm winery electing to directly

sell its wines to retailers, mixed beverage licensees, beer and wine

licensees, and restaurants shall report all sales to retail package

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

restaurants in this state to the ABLE Commission and to the Oklahoma

Tax Commission at least monthly, or in accordance with such rules as

the ABLE Commission shall promulgate and shall pay to the Tax

Commission all excise and other taxes imposed by this state upon

such wine in the same manner required of the holder of a nonresident

seller license.

C. Any self-distributing winemaker within or without this state

who shall, in any calendar year, exceed the production volume limit

provided for in subsection B of Section 2-105 of this title, shall

immediately notify the ABLE Commission of such fact and shall

thereafter have the option to sell the wines they produce to every

licensed wholesale distributor who desires to purchase the same, on

the same price basis and without discrimination, and shall

thereafter be allowed to sell such beverages only to such licensed

wholesale distributors or cease to sell its products in this state.

D. All winemakers who conduct business in this state shall be

prohibited from creating, forming or participating in any kind of a

cooperative or pooled transportation or distribution arrangement.

E. Any licensed winemaker or winery that sells or distributes

its wine directly to a retailer, mixed beverage licensee, beer and

wine licensee or restaurant in this state after having exceeded the

production volume limit provided for in subsection B of Section 2-

105 of this title in any calendar year shall be subject to a fine of

Ten Thousand Dollars ($10,000.00). In addition, if the violation is

a second or subsequent violation, the winemaker or winery shall not

be allowed to transport wine to a retail package store or restaurant

for three (3) years from the date of the second or subsequent

violation.

F. If Section 2 of Article XXVIIIA of the Oklahoma Constitution

is ruled to be unconstitutional by a court of competent

jurisdiction, then any licensed winemaker or winery that then

continues to sell or distribute its wine directly to a retail

package store, mixed beverage licensee, beer and wine licensee or

restaurant in this state shall be subject to a fine of Ten Thousand

Dollars ($10,000.00) per violation.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 90
Okla. Stat. tit. 37A, § 37A-2-125 — OK Code / Title 37A / Section 37A-2-125
Bonded warehouse license
Status: in_force

A bonded warehouse license shall authorize the holder thereof to

receive and store alcoholic beverages and nonalcoholic beverages for

the holders of storage licenses on the licensed premises of the

bonded warehouse licensee. No goods, wares or merchandise other

than alcoholic beverages and nonalcoholic beverages may be stored in

the same bonded warehouse with alcoholic beverages. The holder of a

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 58

bonded warehouse license shall furnish and file with the ABLE

Commission a bond running to all bailers of alcoholic beverages

under proper storage licenses and their assignees (including

mortgagees or other bona fide lienholders) conditioned upon faithful

performance of the terms and conditions of such bailments.
Okla. Stat. tit. 37A, § 37A-4-102 — OK Code / Title 37A / Section 37A-4-102
Mixed beverage, beer and wine, caterer, public event or
Status: in_force

bottle club licensee - Municipal or county proceeding to suspend or

revoke license.

The governing body of any municipality, as to any mixed

beverage, beer and wine, caterer, public event or bottle club

licensee having its principal place of business in such

municipality, and the board of county commissioners of any county,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 142

as to any mixed beverage, beer and wine, caterer, public event or

bottle club licensee having its principal place of business in such

county but outside the incorporated limits of a municipality, may

initiate a license suspension or revocation proceeding as to such

licensee by filing a written complaint with the ABLE Commission.

The complaint shall set forth the grounds for the proposed

suspension or revocation. Such complaint may be based on any ground

that the ABLE Commission might have asserted. Upon receipt of such

complaint, the ABLE Commission shall forward a copy of the complaint

to the licensee together with written notice of the time and place

of hearing thereon. If the complaint is filed by a municipality,

the hearing shall be conducted within the corporate limits of the

municipality. If the complaint is filed by a county, the hearing

shall be conducted in the county. The hearing shall be held within

the time limits and in the manner prescribed for suspension or

revocation proceedings initiated by the ABLE Commission. In any

proceeding initiated pursuant to this section, the municipality or

county shall be deemed an interested party, shall have the right to

be heard and to present evidence at the hearing on the complaint and

shall be entitled to appeal from any final order entered by the ABLE

Commission in the manner otherwise provided in the Oklahoma

Alcoholic Beverage Control Act. Such municipality or county shall

not be required to give bond on appeal.
Okla. Stat. tit. 37A, § 37A-3-123 — OK Code / Title 37A / Section 37A-3-123
Sale of alcoholic beverages to wholesalers, beer
Status: in_force

distributors or retailers - Unlawful to discriminate in price –

Violations.

A. It shall be unlawful for any person privileged to sell

alcoholic beverages to wholesalers, beer distributors or retailers:

1. To discriminate, directly or indirectly, in price between

one wine and spirits wholesaler and another wine and spirits

wholesaler, when that manufacturer has not designated a single wine

and spirits wholesaler, or between one retailer and another retailer

purchasing alcoholic beverages bearing the same brand or trade name

and of like age and quality, unless otherwise provided by law; or

2. To grant, directly or indirectly, any discount, rebate, free

goods, allowance or other inducement.

B. The ABLE Commission is hereby authorized to promulgate rules

which are necessary to carry out the purpose of this section and to

prevent its circumvention by offering or giving of any rebate,

allowance, free goods, discount or any other thing or service of

value; provided, the posting or invoicing of charges per order for

processing minimum orders or per case for the handling or repacking

of goods by wine and spirits wholesalers and beer distributors for

sales in less than full case lots shall not constitute a violation

of this section.

C. For the violation of any provision of this section or of any

rule duly promulgated under this section, the ABLE Commission may

issue a written warning, fine, suspend or revoke a license as

follows:

1. For a first offense, a written warning which may be

accompanied by a fine not to exceed Five Thousand Dollars

($5,000.00);

2. For a second offense, not exceeding ten (10) days'

suspension of license; and

3. For a third offense, the ABLE Commission shall revoke the

license.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 133

Provided, however, prior to suspending or revoking a license,

the ABLE Commission shall first provide written notice to a licensee

of the violation and a period of ninety (90) days following such

notice to cure or remedy such violation. For purposes of this

section, a "second offense" and "third offense" shall mean

violations that are related to or arising out of and occurring

within twelve (12) months of the "first offense".

D. For purposes of this section, and except as otherwise

provided in subsection E of this section, "inducement" means

directly or indirectly offering, selling, trading, giving or

furnishing any discount, free goods, electronic or nonelectronic

refrigerated equipment, barrels, tubs, fixtures, dispensing

equipment, outdoor electric or nonelectric advertising structure

displaying the retailer's name, permanent shelving, supplies, gifts,

prizes, instantly redeemable coupons, premiums, retailer rebates,

services of any employee including but not limited to affixing price

labels or tags, routinely stocking product on shelves other than the

stocking of cold boxes, paying a third party for entering product

and price information into a retailer's computer system, portal,

website, spreadsheet or third-party system, handling product that

was not sold to the retailer by the licensee, paying a slotting fee,

selling on consignment, operating a retailer's cash register,

conducting janitorial services, providing decorations, samples of

alcoholic beverages, personal property or other inducement or thing

of value to any retail spirit, retail beer, retail wine, beer and

wine, mixed beverage, caterer, bottle club or special event

licensee, wine and spirits wholesaler or beer distributor, their

agents or employees.

E. It shall not be deemed an inducement for a brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor to voluntarily take the following merchandising actions

with the permission of the retail licensee:

1. Furnish point-of-sale advertising materials and consumer

advertising specialties, as those terms are defined in 27 C.F.R.,

Section 6.84 and in compliance with the other limits and

restrictions provided in 27 C.F.R., Section 6.84;

2. Give or sell product displays, including but not limited to

barrels and tubs, provided that the value of such displays does not

exceed the limits and restrictions provided in 27 C.F.R., Section

6.83;

3. Build product displays, accessible to the customer for the

product being delivered by the beer distributor;

4. Affix pricing to the shelf strip or product display for the

product being delivered by the beer distributor, small brewer self-

distributor or brewpub self-distributor, or brewed by the brewer;

5. Routinely stock and restock shelves and cold boxes and

rotate product that has been sold to the retail licensee by the beer

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 134

distributor, small brewer self-distributor or brewpub self-

distributor, or brewed by the brewer;

6. Periodically perform product resets, with permission of the

retail licensee, pursuant to a provided shelf plan or shelf

schematic;

7. Furnish things of value to a temporary retailer, as defined

in 27 C.F.R., Section 6.85;

8. Sell equipment or supplies to a retail licensee, provided

the equipment or supplies are sold at a price not less than the cost

to the industry member and payment is collected within thirty (30)

days of the sale;

9. Install dispensing accessories at the retail location, as

long as the retailer bears the cost of installation including

equipment; or furnish, give or sell coil cleaning services to a

retailer;

10. Withdraw quantities of beer or cider in undamaged, original

packaging from the retail licensee's stock, provided the beer

distributor, small brewer self-distributor, brewpub self-distributor

or brewer sold such beer, directly or indirectly, to the retail

licensee and such removal is otherwise permitted under Section 3-115

of this title; provided, however, replacing with beer or cider of

equivalent value shall not be considered a consignment sale;

11. Provide mail-in rebates for beer, cider and nonalcoholic

beverage merchandise items, funded by the brewer and redeemed by the

brewer, either by itself or through a third-party fulfillment

company, for a discount or rebate on the beer, cider or nonalcoholic

item;

12. Provide a recommended shelf plan or shelf schematic to a

retail licensee for all or any portion of the inventory sold by the

retail licensee;

13. Furnish or give a sample of beer or cider to a retailer who

has not purchased the brand from that brewer, beer distributor,

small brewer self-distributor or brewpub self-distributor within the

last twelve (12) months, provided that the brewer, beer distributor,

small brewer self-distributor or brewpub self-distributor may not

give more than thirty-six (36) ounces of any brand of beer or cider

to a specific retailer;

14. Furnish or give newspaper cuts, mats or engraved blocks for

use in retailers' advertisements;

15. Package and distribute beer or cider in combination with

other nonalcoholic items for sale to consumers;

16. Give or sponsor educational seminars for employees of

retailers either at the brewer, beer distributor, small brewer self-

distributor or brewpub self-distributor's premises or at the

retailer's establishment, including seminars dealing with use of a

retailer's equipment, training seminars for employees of retailers

or tours of the brewer, beer distributor, small brewer self-

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 135

distributor, or brewpub self-distributor's plant premises, provided

that the brewer, beer distributor, small brewer self-distributor or

brewpub self-distributor shall not pay the retailer for the

employees' travel, lodging or other expenses in conjunction with an

educational seminar but may provide nominal hospitality during the

event;

17. Conduct tasting or sampling activities at a retail

establishment and purchase the products to be used from the retailer

so long as the purchase price paid does not exceed the ordinary

retail price; provided, a beer distributor shall not be required to

provide labor for such sampling activities;

18. Offer contest prizes, premium offers, refunds and like

items directly to consumers so long as officers, employees and

representatives of brewers, beer distributors, small brewer self-

distributors, brewpub self-distributors and licensed retailers are

excluded from participation;

19. List the names and addresses of two or more unaffiliated

retailers selling the products of a brewer, beer distributor, small

brewer, small brewer self-distributor or brewpub self-distributor in

an advertisement of such brewer, beer distributor, small brewer,

small brewer self-distributor or brewpub self-distributor so long as

the requirements of 27 C.F.R., Section 6.98 are satisfied,

considering applicable guidance issued by the United States

Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau;

provided, nothing in the Oklahoma Alcoholic Beverage Control Act

shall prohibit a retail, mixed beverage, on-premises beer and wine,

public event, special event, charitable auction, charitable

alcoholic beverage event, or complimentary beverage licensee from

communicating with a brewer, beer distributor, small brewer, small

brewer self-distributor or brewpub self-distributor on social media

or sharing media on the social media page or site of a brewer, beer

distributor, small brewer, small brewer self-distributor or brewpub

self-distributor. A retail, mixed beverage, on-premises beer and

wine, public event, special event, charitable auction, charitable

alcoholic beverage event, or complimentary beverage licensee may

request free social media advertising from a brewer, beer

distributor, small brewer, small brewer self-distributor or brewpub

self-distributor; provided, nothing in this section shall prohibit a

brewer, beer distributor, small brewer, small brewer self-

distributor or brewpub self-distributor from sharing, reposting or

forwarding a social media post by a retail, mixed beverage, on-

premises beer and wine, public event, special event, charitable

auction, charitable alcoholic beverage event, or complimentary

beverage licensee, as long as the sharing, reposting or forwarding

of the social media post does not contain the retail price of any

alcoholic beverage. No brewer, beer distributor, small brewer,

small brewer self-distributor or brewpub self-distributor shall pay

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 136

or reimburse a retail, mixed beverage, on-premises beer and wine,

public event, special event, charitable auction, charitable

alcoholic beverage event, or complimentary beverage licensee,

directly or indirectly, for any social media advertising services.

No retail, mixed beverage, on-premises beer and wine, public event,

special event, charitable auction, charitable alcoholic beverage

event, or complimentary beverage licensee shall accept any payment

or reimbursement, directly or indirectly, for any social media

advertising service offered by a brewer, beer distributor, small

brewer, small brewer self-distributor or brewpub self-distributor.

For purposes of this paragraph, "social media" means a service,

platform or site where users communicate with one another and share

media, such as pictures, videos, music and blogs, with other users

free of charge; or

20. Entering product and price information into a retailer's

portal, website, spreadsheet or third-party system. A brewer may

pay for a third-party system that provides data and pricing services

to the brewer or a beer distributor.

F. It shall not be deemed an inducement for a brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor to engage in the following marketing activities,

provided that the brewer, beer distributor, small brewer self-

distributor or brewpub self-distributor shall not pay the retailer's

travel costs other than those for local transportation or lodging:

1. Provide tickets to a retailer for a sporting or

entertainment event so long as a representative of the brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor attends the event with the retailer;

2. Provide food and beverage to a retailer for immediate

consumption:

a. at a meeting at which the primary purpose is the

discussion of business,

b. at a convention when the food and beverages are

offered to all participants, or

c. at a sports or entertainment event that the

representatives of a brewer, beer distributor, small

brewer self-distributor or brewpub self-distributor

attend with the retailer;

3. Participate in retailer association activities by engaging

in the following actions:

a. displaying products at a convention or trade show,

b. renting display booth space if the rental fee is the

same as paid by all exhibitors at the event,

c. providing its own hospitality which is independent

from association-sponsored activities,

d. purchasing tickets to functions and paying

registration fees if the payments or fees are the same

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 137

as paid by all attendees, participants or exhibitors

at the event, or

e. making payments for advertisements in programs or

brochures issued by retailer associations at a

convention or trade show; or

4. Giving or selling outdoor signs to a retailer so long as the

following requirements of 27 C.F.R., Section 6.102 are satisfied:

a. the sign bears conspicuous and substantial advertising

matter about the product or the brewer, beer

distributor, small brewer self-distributor or brewpub

self-distributor which is permanently inscribed or

securely affixed,

b. the retailer is not compensated, directly or

indirectly, such as through a sign company, for

displaying the signs, and

c. a permanent outdoor sign does not contain the

retailer's name.

G. It shall not be deemed an inducement or a discriminatory

action for a brewer, beer distributor, small brewer self-

distributor, brewpub self-distributor, or a wine and spirits

wholesaler to establish individualized servicing and delivery

schedules for its retailers based on each retailer's actual needs,

including, without limitation, on the basis of the retailer's sales

volume.
Okla. Stat. tit. 37A, § 37A-3-106 — OK Code / Title 37A / Section 37A-3-106
Direct Wine Shipper's Permit – Requirements
Status: in_force

A. A Direct Wine Shipper's Permit may be issued by the Oklahoma

ABLE Commission to a winery licensed in this or any other state

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 101

within the United States as a wine producer. A Direct Wine

Shipper's Permit allows a winery to ship up to six nine-liter cases

of wine annually directly to an Oklahoma resident who is twenty-one

(21) years of age or older for such resident's personal use and not

for resale. No resident shall be permitted to purchase more than

thirty nine-liter cases of wine per year under the provisions of

this section.

B. The ABLE Commission shall promulgate rules governing the

application, issuance and renewal of Direct Wine Shipper's Permits,

which shall include but not be limited to:

1. Proof of current licensure in this or any other state as a

wine producer;

2. Payment of a registration fee of Three Hundred Dollars

($300.00) for original permits and One Hundred Fifty Dollars

($150.00) for renewal permits; and

3. Any other documentation that the ABLE Commission believes is

reasonably necessary to verify the identity and physical location of

the winery.

C. With regard to direct wine shipments permitted by this

section, Direct Wine Shipper permit holders:

1. Shall not ship more than six nine-liter cases of wine

annually to any person for his or her personal use;

2. Shall not ship wine intended for resale;

3. Shall ensure that all packages containing wine shipped

directly to a resident in this state are conspicuously labeled with

the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER

REQUIRED FOR DELIVERY" or are conspicuously labeled with alternative

wording preapproved by the ABLE Commission;

4. Shall require the transporter or common carrier that

delivers the wine to obtain the signature of a person twenty-one

(21) years of age or older at the delivery address at the time of

delivery. At the expense of the Direct Wine Shipper, the Direct

Wine Shipper shall receive a delivery confirmation from the express

company, common carrier or contract carrier indicating the location

of delivery and the name and signature of the individual who

accepted the delivery. The ABLE Commission shall design and create

a label or approve a label that must be affixed to the shipping

container by the licensee;

5. Shall report to the ABLE Commission quarterly by a method

prescribed by the ABLE Commission all of the following information

for each wine shipment into the state pursuant to this section:

a. the name and address of the Oklahoma resident who

placed the order,

b. the name of the common or permit carrier engaged in

the shipment,

c. the date of the shipment,

d. the carrier tracking number, and

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 102

e. the quantity of wine in the shipment;

6. Shall quarterly pay to the Oklahoma Tax Commission all

applicable taxes due on sales authorized by this section to Oklahoma

residents in the preceding calendar year. The amount of such taxes

shall be calculated as if the sale were in Oklahoma at the location

where delivery is made. Upon request, permit holders shall permit

the Tax Commission to perform an audit of the permit holder's

records in order to assure compliance;

7. Shall be deemed to have consented to the jurisdiction of any

agency or court of the State of Oklahoma tasked with the enforcement

of or adjudication of controversies related to this section and any

related laws or rules; and

8. Shall require the consumer to verify, by electronic means or

otherwise, that the consumer is at least twenty-one (21) years of

age.

9. Shipments of wine to consumers in Oklahoma from persons who

do not possess a current Direct Wine Shipper Permit pursuant to this

section are prohibited. Any person that violates this section is

guilty of a misdemeanor and subject to a civil penalty as follows:

for the first offense shall be fined not more than One Thousand Five

Hundred Dollars ($1,500.00), for a second offense shall be fined not

more than Two Thousand Five Hundred Dollars ($2,500.00), and for a

third and subsequent offense shall be fined not more than Five

Thousand Dollars ($5,000.00).

D. Every express company, common carrier, contract carrier and

every firm or corporation that shall bring, carry or transport wine

for delivery to any person in the state, except wine or spirit

wholesalers or beer distributors, shall prepare and file quarterly

with the ABLE Commission a report, which shall not be subject to the

Oklahoma Open Records Act, of all known wine shipments containing:

1. The name of the company, carrier, person, firm or

corporation making the report;

2. The period of time covered by the report;

3. The name and business address of the consignor shipping the

wine;

4. The weight of the packages shipped;

5. The unique tracking number of the delivery; and

6. The date of delivery.

E. Notwithstanding any other provision of this Section, a

common carrier that willfully refuses to file a report under this

subsection shall be fined a penalty of up to five hundred dollars

($500.00).

F. A common carrier shall not deliver a shipment of wine

pursuant to this section to any person in this state unless the

carrier has verified the validity of the Direct Wine Shipper's

Permit prior to accepting shipment. A carrier may consider a direct

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 103

wine shipper's permit to be valid unless notified otherwise by the

ABLE Commission.

G. Every express company, common carrier, contract carrier and

every firm or corporation that shall bring, carry or transport wine

for delivery to any person in the state, except wine or spirit

wholesalers or beer distributors, shall be deemed to have consented

to the jurisdiction of any agency or court of the State of Oklahoma

tasked with the enforcement of or adjudication of controversies

related to this section and any related laws or rules; and

H. 1. Any express company, common carrier, or contract

carrier, including any representative, agent, or employee on behalf

of an express company, common carrier, or contract carrier, shall

violate this section if it knowingly delivers in this state wine,

beer, or distilled spirits without obtaining a signature at the time

of delivery by an adult who is at least twenty-one (21) years of age

is guilty of a business offense for which the express company,

common carrier, or contract carrier that transports alcoholic liquor

within this state shall be fined in accordance with Paragraph 3 of

Subsection H of this Section.

2. Any express company, common carrier, or contract carrier

that knowingly delivers wine, beer, or distilled spirits to a person

in this state who is under the age of twenty-one (21) years of age

is guilty of a business offense for which the express company,

common carrier, or contract carrier that delivered the wine, beer,

or distilled spirits shall be fined in accordance with Paragraph 3

of Subsection H of this Section.

3. Any express company, common carrier, or contract carrier

that knowingly violates this section for a first offense shall be

fined not more than One Thousand Five Hundred Dollars ($1,500.00),

for a second offense shall be fined not more than Two Thousand Five

Hundred Dollars ($2,500.00), and for a third and subsequent offense

shall be fined not more than Five Thousand Dollars ($5,000.00).

4. Any express company, common carrier, or contract carrier

that knowingly carries or transports alcoholic beverages for

delivery within this state in violation of this section for the

first offense shall be fined not more than One Thousand Five Hundred

Dollars ($1,500.00), for a second offense shall be fined not more

than Two Thousand Five Hundred Dollars ($2,500.00), and for a third

and subsequent offense shall be fined not more than Five Thousand

Dollars ($5,000.00).

5. An express company, common carrier, and contract carrier may

be held vicariously liable for the actions of its representatives,

agents, and employees for actions in violation of this section.

6. The Commission shall notify common carriers of all shipments

it has good cause to believe were made unlawfully into the state

whether those be through a licensed direct shipper, fulfillment

provider or an unlicensed entity. The Commission may prohibit a

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 104

carrier from transporting alcohol on behalf of a consignor

identified as having made an unlawful shipment beginning 15 days

from the date of the notice. A common carrier may request, and the

Commission must provide, a hearing to show good cause for the

continued shipping by said consignor.

I. The ABLE Commission shall inspect and audit the records of

both the direct wine shipper permit holder, as well as the common

carrier and enforce accordingly.

J. The provisions of this section do not apply to a motor

carrier or freight forwarder as defined in Section 13102 of Title 49

of the United States Code or to an air carrier as defined in Section

40102 of Title 49 of the United States Code.
Okla. Stat. tit. 37A, § 37A-6-127 — OK Code / Title 37A / Section 37A-6-127
Purpose of issuing search warrants – Forfeiture
Status: in_force

A. A search warrant may be issued pursuant to the provisions of

Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as

amended, for the purpose of:

1. Searching for, seizing, destroying or holding any alcoholic

beverages possessed, sold, transported, manufactured, kept or stored

in violation of the Oklahoma Alcoholic Beverage Control Act; or

2. Searching for and seizing any apparatus, vehicle, equipment

or instrumentality used for, or intended for use in, manufacturing

or transporting any alcoholic beverage in violation of the Oklahoma

Alcoholic Beverage Control Act.

All such property shall be forfeited to the State of Oklahoma.

This section shall not be construed to require a search warrant for

duly authorized employees of the ABLE Commission to enter upon and

inspect any licensed premises, but such right of entry and

inspection shall be a condition on which every license shall be

issued and the application for, and acceptance of, any license

hereunder shall conclusively be deemed to be consent of the

applicant and licensee to such entry and inspection.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 203

B. Any alcoholic beverages upon which the appropriate federal

excise tax has not been paid at the time of seizure under this

section shall be destroyed by the sheriff who seized the same or to

whom the same has been delivered in accordance with the provisions

of Section 1261 of Title 22 of the Oklahoma Statutes, as amended,

after the same is no longer needed as evidence in any criminal

prosecution. All other property, including alcoholic beverages upon

which the appropriate federal excise tax has been paid, seized under

this section, shall be forfeited to the State of Oklahoma by order

of the court issuing the process by virtue of which such property

was seized, or before which the persons violating the law, or to

which such property was taken by the officer or officers making the

seizure. The court shall, without a jury, order an immediate

hearing as to whether the property so seized was subject to seizure

under this section, and take such legal evidence as is offered, and

determine the same as in civil cases. If the court finds from a

preponderance of the evidence that the property so seized was

subject to seizure under this section, it shall render judgment

accordingly and order the property forfeited to the State of

Oklahoma unless seized by county or municipal law enforcement

officers, in which case the property shall be forfeited to the

county or municipality, whichever is appropriate, in which the

seizure of the property took place. Such seized property shall be

sold by the officer having the same in charge, after giving ten-

days' notice by one publication in a legal newspaper of the county

or, if no legal newspaper is published in the county, after five

notices of such sale have been posted in conspicuous places in the

city or town wherein such sale is to be made, at least ten (10) days

before such sale. Appeal from such an order may be taken as in

civil cases. When such property is sold under the provisions of

this section, the proceeds thereof shall be distributed as follows:

first, to the payment of the costs of the case in which the order of

forfeiture was made and the actual expenses of preserving the

property; and second, the remainder to be deposited with the county

or municipal treasurer of the county or municipality in which the

seizure took place if the property was seized by county or municipal

law enforcement officials or with the State Treasurer to the credit

of the General Revenue Fund of the State of Oklahoma in all other

cases.
Okla. Stat. tit. 37A, § 37A-4-104 — OK Code / Title 37A / Section 37A-4-104
Municipal occupational tax
Status: in_force

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 143

Municipalities are hereby authorized to levy an annual

occupational tax for the privilege of operating as a retailer, mixed

beverage, beer and wine, caterer, public event or special event

licensee, bottle club, manufacturer, brewer, wine and spirits

wholesaler or beer distributor, within their respective

jurisdictions, not to exceed the state license fee for such

licensees; provided, the tax shall be levied only by the

municipality in which such licensee has its principal place of

business. This section shall not give any municipality any right to

determine or regulate the issuance of any license, except as

specifically provided for in this section, as the ABLE Commission

shall have exclusive authority as to issuance and regulations of

licenses. No municipality may prescribe rules or regulations in

conflict with or in addition to the statutes of this state or the

rules of the ABLE Commission. No licensee shall be held liable for

engaging in business otherwise authorized under this title with any

other retailer, mixed beverage, beer and wine, caterer, public event

or special event licensee, bottle club, manufacturer, brewer, wine

and spirits wholesaler or beer distributor solely because such other

party has failed to pay any occupational tax due under this section.

Municipalities which levy an occupational tax under this section

shall make an annual report to the ABLE Commission, covering the

fiscal year, showing the number and class of licensees subject to

the tax authorized by this section, and the amount of money received

therefrom, which information is to be included in the annual report

of the ABLE Commission submitted to the Governor, and transmitted to

the Legislature.
Okla. Stat. tit. 37A, § 37A-4-103 — OK Code / Title 37A / Section 37A-4-103
Municipal zoning authority
Status: in_force

Municipalities and counties are hereby authorized to create a

new zoning classification to regulate the location of establishments

that sell, serve, mix, dispense or allow consumption of alcoholic

beverages on the premises. Such zoning classification may include

but shall not be limited to reasonable parking, access regulations

and other such zoning regulations as the local authorities may deem

necessary for local control. This authority shall be in addition to

the authority to enact ordinances established in Section 98 of this

act.

Municipal courts are hereby authorized jurisdiction to hear

violations of any ordinances enacted pursuant to the provisions of

this section and Section 98 of this act.
Okla. Stat. tit. 37A, § 37A-7-104 — OK Code / Title 37A / Section 37A-7-104
Third-party delivery services not permitted
Status: in_force

Third-party delivery services are not permitted to deliver

cocktails, mixed drinks and single-serve wine under this act.
Okla. Stat. tit. 37A, § 37A-5-138 — OK Code / Title 37A / Section 37A-5-138
Exemption from bond requirement
Status: in_force

Any holder of a license or permit issued by the Oklahoma

Alcoholic Beverage Laws Enforcement Commission pursuant to Title 37A

of the Oklahoma Statutes which requires the license or permit holder

to furnish to the Oklahoma Tax Commission a bond, shall be exempt

from such bond requirement if the license or permit holder has held

such license or permit and required bond for ten (10) consecutive

years while remaining compliant in all required tax payments to the

Oklahoma Tax Commission for those ten (10) years. This bond

exemption shall apply to all license and permit holders who are

compliant or become compliant with this section before or after the

effective date of this act.

The bond requirement exemption shall terminate if the license or

permit holder becomes delinquent or incompliant with tax payments to

the Oklahoma Tax Commission and the license or permit holder shall

be required to furnish the Oklahoma Tax Commission with such bond as

originally required by the license or permit.
Okla. Stat. tit. 37A, § 37A-2-113 — OK Code / Title 37A / Section 37A-2-113
Caterer license - Rules and restrictions
Status: in_force

A. 1. A caterer license may be issued to any person for the

purpose of sale, delivery or distribution of alcoholic beverages

incidental to the sale or distribution of food on a premises not

licensed by the ABLE Commission. For purposes of this section,

"incidental to the sale or distribution of food" means food sales

constituting at least thirty-five percent (35%) of the caterer's

total combined annual sales. A caterer license shall not be issued

to a person whose main purpose is the sale of alcoholic beverages.

2. A caterer license may only be issued to those persons that

prepare, sell and distribute food for consumption either on licensed

or unlicensed premises. In order to renew a caterer license, annual

food sales must constitute at least thirty-five percent (35%) of the

caterer's total combined sales based on the most recent calendar

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 48

year. A caterer shall not be required to prepare, sell and

distribute food at every catered event as long as the caterer

satisfies the requirement set forth in this section.

3. Each caterer shall submit an annual sales report containing

revenue attributable to alcoholic beverages, food and all other

revenues attributable to the catering service. The annual sales

report must be submitted thirty (30) days prior to expiration of the

caterer license on forms prescribed by the ABLE Commission. The

caterer license may not be renewed if the caterer fails to provide

complete or sufficient financial data.

4. Each caterer shall submit a monthly event report containing

information on all events scheduled for the subsequent month. If an

event is scheduled after the first day of the month for an event to

occur in the same month, then the caterer shall report that event

within twenty-four (24) hours of scheduling the event or within

twenty-four (24) hours prior to the event, whichever occurs first.

The monthly event report shall be submitted on the first day of each

month.

5. All reports shall be submitted electronically on forms

prescribed by the ABLE Commission. Provided, if the caterer does

not have access to the Internet, then monthly reports must be

submitted by facsimile to the ABLE Commission's office in Oklahoma

City, in which case the caterer must retain a copy of the facsimile

confirmation sheet for at least twelve (12) months.

6. Any caterer who fails to submit a monthly report shall have

the caterer license automatically suspended until such time that the

caterer has fully complied with all reporting requirements. Any

caterer whose annual food sales do not exceed thirty-five percent

(35%) of his or her total annual combined sales shall not have the

caterer's license renewed.

B. The ABLE Commission shall promulgate rules governing the

application for and the issuance of caterer licenses.

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 under the authority of a caterer 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 caterer license.

D. If the premises where the event being catered is held are

already operating pursuant to another type of license issued by the

ABLE Commission, the caterer and the other licensee shall both be

responsible for the actions of the caterer and shall both be subject

to penalties for violations by the caterer of the Oklahoma Alcoholic

Beverage Control Act and any rules promulgated thereto.

E. A caterer licensee may not store alcoholic beverages unless

the licensee has a storage license issued by the ABLE Commission. A

caterer licensee selling beer and cider to consumers shall only

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 49

purchase such beer and cider from the distributor or wholesaler

within the county in which the licensee will be selling the beer and

cider to consumers.

F. A caterer may provide alcoholic beverage sales on the

premises of a person currently applying for an on-premises beer and

wine license, mixed beverage/caterer combination license, or mixed

beverage license, provided the following terms have been satisfied:

1. The caterer shall take reasonable steps to ensure that the

on-premises beer and wine applicant, mixed beverage/caterer

combination applicant, or mixed beverage applicant uses only

licensed employees to perform licensable activities while using the

caterer's license. The caterer shall use his or her best efforts to

attempt to have a licensed employee on-site supervising the sale of

such caterer's alcoholic beverages at all times, but the caterer

shall not be disciplined for failing to have a licensed employee on-

site. The caterer expressly acknowledges that he or she is liable

for all violations of the Oklahoma Alcoholic Beverage Control Act

and rules of the ABLE Commission that are committed by the on-

premises beer and wine applicant, the mixed beverage/caterer

combination applicant, or the mixed beverage applicant and its

employees during this period;

2. The caterer and the on-premises beer and wine applicant, the

mixed beverage/caterer combination applicant, or the mixed beverage

applicant must submit to the ABLE Commission a written agreement

setting forth all the terms of the catering agreement at least

twenty-four (24) hours prior to the commencement of the catered

event;

3. The caterer may not provide alcoholic beverage sales on the

unlicensed premises of the on-premises beer and wine applicant,

mixed beverage/caterer combination applicant, or the mixed beverage

applicant for more than sixty (60) days, or after the applicant's

license has been denied, whichever occurs first;

4. The caterer may be issued a storage license to be used to

store any alcoholic beverages purchased pursuant to this subsection

on the unlicensed premises of the applicant during the period of the

written agreement; and

5. Upon the issuance of a license to the on-premises beer and

wine applicant, the mixed beverage/caterer combination applicant, or

the mixed beverage applicant, any alcoholic beverages on the

licensed storage premises may be transferred by the caterer to the

on-premises beer and wine licensee, the mixed beverage/caterer

combination licensee, or the mixed beverage licensee consistent with

the provisions of Section 2-155 of this title.

G. A caterer may provide alcoholic beverage services for

temporary public events which have been licensed and approved by the

ABLE Commission.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 50

H. A caterer may provide alcoholic beverage services for a

mixed beverage licensee which holds a live performing arts

presentation and is open to the public not more than one hundred

twenty (120) days per year.

I. All alcoholic beverages served on the premises of an event

venue must be served by an ABLE-licensed mixed beverage licensee,

caterer licensee, or event bartender licensee. As a prerequisite to

the issuance of an event bartender license, not later than fourteen

(14) days after initial licensure, the event bartender licensee

shall be required to have successfully completed an in-person

training program conducted by an entity approved by the ABLE

Commission. Proof of training completion shall be made available

for inspection by the ABLE Commission at the event venue location.

The failure of an event bartender to comply with this section may

constitute a revocable offense.
Okla. Stat. tit. 37A, § 37A-6-121 — OK Code / Title 37A / Section 37A-6-121
Knowingly selling, furnishing or giving alcoholic
Status: in_force

beverages to insane, mentally deficient or intoxicated persons –

Penalties.

Any person who shall knowingly sell, furnish or give alcoholic

beverage to an insane, mentally deficient or intoxicated person

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 D3 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 20P 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. 37A, § 37A-5-130 — OK Code / Title 37A / Section 37A-5-130
Authority to promulgate rules on labeling of alcoholic
Status: in_force

beverages.

The ABLE Commission is hereby authorized to promulgate rules

governing the labeling of alcoholic beverages bottled, packaged,

sold or possessed for sale within this state, not inconsistent with

the provisions of the Oklahoma Alcoholic Beverage Control Act.
Okla. Stat. tit. 37A, § 37A-5-112 — OK Code / Title 37A / Section 37A-5-112
Distributor permit - Wholesaler permit - Permit
Status: in_force

applications.

A. All manufacturers, importers, brokers and others who sell

alcoholic beverages to a wholesaler in Oklahoma, regardless of

whether the sale is consummated within or without the State of

Oklahoma, shall obtain a distributor permit from the Oklahoma Tax

Commission.

B. Any person having a wholesaler's license shall obtain a

wholesaler permit from the Tax Commission.

C. A distributor permit or wholesaler permit may be obtained by

filing a verified permit application with the Tax Commission on a

form furnished by the Tax Commission.
Okla. Stat. tit. 37A, § 37A-3-116.4 — OK Code / Title 37A / Section 37A-3-116.4
Top brand products – Offered to all wholesalers
Status: in_force

without discrimination.

Any wine or spirit product that constitutes a top brand, as

defined in this section, shall be offered by the manufacturer for

sale to every licensed wine and spirits wholesaler who desires to

purchase the same on the same price basis and without discrimination

or inducements. "Top brand" shall mean those brands constituting

the top twenty-five brands in total sales of spirits and of wine by

all wholesalers during the past twelve-month period, according to

the records of the ABLE Commission as revised by the ABLE Commission

quarterly. In order to allow the ABLE Commission to determine the

top twenty-five brands of spirits and of wine, all wholesalers must

submit to the ABLE Commission every sixty (60) days a sworn

affidavit listing their top thirty brands of spirits and of wine in

sales for the previous sixty (60) days, excluding sales to

wholesalers. Wholesalers who choose to purchase any top-brand wine

or spirits product shall comply with the line-item price posting

requirements of Section 3-116.2 of Title 37A of the Oklahoma

Statutes. Any pricing amendment to which the ABLE Commission

provides its written consent in accordance with Section 3-116.3 of

Title 37A of the Oklahoma Statutes shall become effective on the

first business day of the following week.