Okla. Stat. tit. 37A, § 37A-2-139 — OK Code / Title 37A / Section 37A-2-139
Bottle club, mixed beverage or beer and wine
Status: in_force

establishment - Minimum distance from schools or churches.

A. It shall be unlawful for any mixed beverage establishment,

beer and wine establishment or bottle club which has been licensed

by the ABLE Commission and which has as its main purpose the selling

or serving of alcoholic beverages for consumption on the premises,

or package store, to be located within three hundred (300) feet of

any public or private school or church property primarily and

regularly used for worship services and religious activities;

however, a college or university located within an improvement

district created pursuant to Section 39-103.1 of Title 11 of the

Oklahoma Statutes may waive the three-hundred-foot requirement by

providing written notice to the establishment seeking the license

and to the ABLE Commission; further, a church may waive the three-

hundred-foot requirement by providing written notice to the

establishment seeking the license and to the ABLE Commission.

Provided, a college or university or church prior to waiving the

three-hundred-foot requirement found in this subsection shall

publish a notice of its intention to waive such requirement in a

legal newspaper of general circulation within the state at least

thirty (30) days but no more than forty (40) days prior to providing

any written notice, waiving the three-hundred-foot requirement, to

the establishment seeking the license or to the ABLE Commission. As

used in this subsection "legal newspaper of general circulation

within this state" means a newspaper meeting the requisites of a

newspaper for publication of legal notices as prescribed in Section

106 of Title 25 of the Oklahoma Statutes in a majority of the

counties in this state.

B. The distance indicated in this section shall be measured

from the nearest property line of such public or private school or

church to the nearest perimeter wall of the premises of any such

mixed beverage establishment, beer and wine establishment, bottle

club or package store which has been licensed to sell alcoholic

beverages.

C. The provisions of this section shall not apply to:

1. Mixed beverage establishments, beer and wine establishments,

or bottle clubs, which have been licensed to sell alcoholic

beverages for on-premises consumption or retail package stores prior

to November 1, 2000; provided, if at the time of application for

license renewal the licensed location has not been in actual

operation for a continuous period of more than sixty (60) days, the

license shall not be renewed; or

2. Establishments licensed prior to October 1, 2018, to sell

low-point beer which were permitted to be located within three

hundred (300) feet of any public or private school or church

property primarily and regularly used for worship services and

religious activities, pursuant to the provisions of Section 163.27

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 68

of Title 37 of the Oklahoma Statutes. Such establishments shall be

permitted to have any license in effect on October 1, 2018,

transferred to a mixed beverage license; provided, if such an

establishment ceases to regularly be open to the public or changes

ownership, the provisions of this paragraph shall cease to apply.

D. If any school or church shall be established within three

hundred (300) feet of any package store, mixed beverage

establishment, beer and wine establishment or bottle club subject to

the provisions of this section after such package store, mixed

beverage establishment, beer and wine establishment or bottle club

has been licensed, the provisions of this section shall not be a

deterrent to the renewal of such license if there has not been a

lapse of more than sixty (60) days. When any mixed beverage

establishment, beer and wine establishment or bottle club subject to

the provisions of this section which has a license to sell alcoholic

beverages for on-premises consumption, or package store, changes

ownership or the operator thereof is changed and such change of

ownership results in the same type of business being conducted on

the premises, the provisions of this section shall not be a

deterrent to the issuance of a license to the new owner or operator

if he or she is otherwise qualified.

E. 1. Any interested party may protest the application for or

granting of a license for a package store, or for a mixed beverage

establishment, beer and wine establishment or bottle club which has

as its main purpose the selling or serving of alcoholic beverages

for consumption on the premises, based on an alleged violation of

this section. To be considered by the ABLE Commission, the protest

must:

a. be submitted in writing,

b. be signed by the person protesting,

c. contain the mailing address and address of residence,

if different from the mailing address of the

protester,

d. contain the title of the person signing the protest,

if the person is acting in an official capacity as a

church or school official, and

e. contain a concise statement explaining why the

application is being protested.

2. Within thirty (30) days of the date of receipt of a written

protest, the ABLE Commission shall conduct a hearing on the protest

if the protest meets the requirements of paragraph 1 of this

subsection.

3. As used in this subsection, "interested party" means:

a. a parent or legal guardian whose child or children

attend the church or school which is alleged to be

closer to the mixed beverage establishment or bottle

club which has as its main purpose the selling or

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 69

serving of alcoholic beverages for consumption on the

premises, or package store, than is allowed by this

section,

b. an official of a church which is alleged to be closer

to the mixed beverage establishment or bottle club

which has as its main purpose the selling or serving

of alcoholic beverages for consumption on the

premises, or package store, than is allowed by this

section, or

c. an official of a school which is alleged to be closer

to the mixed beverage establishment or bottle club

which has as its main purpose the selling or serving

of alcoholic beverages for consumption on the

premises, or package store, than is allowed by this

section.
Okla. Stat. tit. 37, § 37-600.11 — OK Code / Title 37 / Section 37-600.11
Renumbered as § 1-229.22 of Title 63 by Laws 2016, c
Status: in_force

366, § 180, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-6-114 — OK Code / Title 37A / Section 37A-6-114
Age restrictions for premises with a lounge or bar area
Status: in_force

for selling or distributing alcoholic beverages - Admission charge

in determining purpose – Exceptions.

A. 1. If the premises of a licensee of the ABLE Commission

contains a separate or enclosed lounge or bar area, which has as its

main purpose the sale or distribution of alcoholic beverages for on-

premises consumption, notwithstanding that as an incidental service,

meals or short order foods are made available therein, no person

under twenty-one (21) years of age shall be admitted to such area,

except for members of a musical band employed or hired as provided

in paragraph 2 of Section 6-102 of this title when the band is to

perform within such area, employees of a beer distributor or wine

and spirits wholesaler who are at least eighteen (18) years of age

and enter for the purpose of merchandising or delivering product to

the licensee in the normal course of business, or persons under

twenty-one (21) years of age who are on the licensed premises for

the limited purpose of performing maintenance, construction,

remodeling, painting or other similar services relating to the

building or equipment installation, repair or maintenance on the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 195

premises during those hours when the licensed establishment is

closed for business. The provisions of this section shall not

prohibit persons under twenty-one (21) years of age from being

admitted to an area which has as its main purpose some objective

other than the sale or mixing or serving of alcoholic beverages, in

which sales or serving of alcoholic beverages are incidental to the

main purpose, as long as the persons under twenty-one (21) years of

age are not sold or served alcoholic beverages. The incidental

service of food in the bar area shall not exempt a licensee from the

provisions of this section. The ABLE Commission shall have the

authority to designate the portions of the premises of a licensee

where persons under twenty-one (21) years of age shall not be

admitted pursuant to this section. When determining a licensee's

main purpose, a licensee that operates a full kitchen, sells food

items from a full menu, and has thirty-five percent (35%) or more of

its monthly gross sales attributable to food items, shall have as

its main purpose other than the sale of alcoholic beverages. The

main purpose of those mixed beverage establishments whose main

purpose was other than the sale of alcoholic beverages prior to

October 1, 2018, shall not automatically lose that designation upon

the elimination of low-point beer in the state. If the ABLE

Commission wishes to change the mixed beverage establishments' main

purpose designation, it shall be the burden of the ABLE Commission

to prove by clear and convincing evidence that the mixed beverage

establishments no longer qualify for that designation.

2. A new licensee that claims as its main purpose some

objective other than the sale of alcoholic beverages may be granted

a separate or enclosed lounge or bar area for a period of ninety

(90) days. At the end of that ninety-day period, the licensee shall

have the burden of showing that the business continues to qualify

for a separate or enclosed bar area. If the licensee fails to

satisfy this burden, then that licensee's main purpose shall

automatically convert to the sale of alcoholic beverages.

B. Except as otherwise provided, an admission charge shall not

be considered in any calculation designed to determine the main

purpose of an establishment pursuant to subsection A of this

section. As used in this section, "admission charge" means any form

of consideration received by an establishment from a person in order

for that person to gain entrance into the establishment.

C. The provisions of subsection B of this section shall not

apply:

1. If only persons eighteen (18) years of age or older are

permitted to enter the licensed premises; provided, if the licensee

is claiming an exception from the requirements of subsection B of

this section pursuant to this paragraph and fails to restrict the

entry by persons under age eighteen (18) into the licensed premises,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 196

the ABLE Commission shall designate that only persons twenty-one

(21) years of age or older are allowed on the licensed premises;

2. If the licensed premises are owned or operated by a service

organization or fraternal establishment which is exempt under

Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or

3. To a public event held in a facility owned or operated by

any agency, political subdivision or public trust of this state.

D. The ABLE Commission shall promulgate rules necessary to

implement the provisions of this section.
Okla. Stat. tit. 37A, § 37A-3-119 — OK Code / Title 37A / Section 37A-3-119
Business interests and acts prohibited for
Status: in_force

manufacturer, wine and spirits wholesaler, beer distributor, person

authorized to sell alcoholic beverages to a wholesaler and others.

It shall be unlawful for any manufacturer, brewer, wine and

spirits wholesaler, beer distributor or person authorized to sell

alcoholic beverages to a wholesaler, or any employee, officer,

director, stockholder owning fifteen percent (15%) or more of the

stock, any type of partner, manager, member or agent thereof, to

directly or indirectly:

1. Have any financial interest in any premises upon which any

alcoholic beverage is sold at retail or in any business connected

with the retailing of alcoholic beverages; provided, nothing in this

act shall prohibit the operation of a mixed beverage licensee, beer

and wine licensee or caterer licensee by an entity which has common

owners with the holder of a small brewer license or a brewpub

license;

2. Lend any money or other thing of value, or to make any gift

or offer any gratuity, to any package store, retail wine, retail

beer, mixed beverage, beer and wine, public event or bottle club

licensee or caterer;

3. Guarantee any loan or the repayment of any financial

obligation of any retailer, mixed beverage, beer and wine, public

event or bottle club licensee or caterer;

4. Require any wine and spirits wholesaler, beer distributor,

retailer, mixed beverage, on-premises beer and wine licensee, public

event or caterer to purchase and dispose of any quota of alcoholic

beverages, or to require any retailer to purchase any kind, type,

size, container or brand of alcoholic beverages in order to obtain

any other kind, type, size, container or brand of alcoholic

beverages;

5. Sell to any retailer, mixed beverage, on-premises beer and

wine licensee, public event or caterer any alcoholic beverage on

consignment, or upon condition, or with the privilege of return, or

on any condition other than a bona fide sale; provided, the

following shall not be considered a violation of this paragraph:

a. delivery in good faith, through mistake, inadvertence

or oversight, of an alcoholic beverage that was not

ordered by a retailer, mixed beverage licensee, on-

premises beer and wine licensee, caterer, public event

or special event licensee to such licensee,

b. replacement of product breakage that occurred while

the alcoholic beverages were in transit from the

wholesaler to the licensee, or

c. replacement of cork-tainted wine that makes the

product unsaleable as long as the licensee notifies

the wine and spirits wholesaler of the defect in

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 130

writing within ninety (90) days after delivery of the

product; or

6. Extend credit to any retailer, other than holders of Federal

Liquor Stamps on United States government reservations and

installations, mixed beverage, public event or on-premises beer and

wine licensee or caterer, other than a state lodge located in a

county which has approved the retail sale of alcoholic beverages by

the individual drink for on-premises consumption. The acceptance of

a postdated check or draft or the failure to deposit for collection

a current check or draft by the second banking day after receipt

shall be deemed an extension of credit. Violation of this section

shall be grounds for suspension of the license.
Okla. Stat. tit. 37A, § 37A-3-117 — OK Code / Title 37A / Section 37A-3-117
Sale of alcoholic beverages packaged with nonalcoholic
Status: in_force

promotional items.

A. A retailer may offer for sale and sell alcoholic beverages

which are packaged or are to be packaged with nonalcoholic

promotional items, if such packaging and all nonalcoholic

promotional items are provided by the manufacturer or brewer or

agent of the manufacturer or brewer at the expense of the

manufacturer or brewer or agent of the manufacturer or brewer,

regardless of where such packages are assembled.

B. The manufacturer or brewer or agent of the manufacturer or

brewer may provide such packaging and any nonalcoholic promotional

items to the retailer at the retailer's premises, or otherwise, and

may deliver such packaging and all nonalcoholic promotional items

provided by the manufacturer or brewer or agent to the retailer by

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 128

means of common carrier, or otherwise, at no expense to the

retailer, for the retailer to incorporate the alcoholic beverage

product of the manufacturer or brewer into the manufacturer's or

brewer's packaging or with such promotional items.

C. The manufacturers and brewers of alcoholic beverages,

through their agents, must make access to the packaging for such

alcoholic beverages with nonalcoholic promotional items available

equally to retailers in this state. Such access to the promotional

packaging is subject to the reasonable supplies of such packaging

and subject to the terms of the manufacturer's or brewer's

promotion. Such access to the manufacturer's or brewer's packaging

by the retailers shall be commensurate to the needs of the retailers

based on the stock of the manufacturer's or brewer's product carried

by the retailer. The manufacturers and brewers shall only be

required to carry reasonable supplies of such promotional packages

and shall make a good faith effort to ratably distribute such

packaging or items to those retailers who desire such packaging or

items.
Okla. Stat. tit. 37A, § 37A-6-126 — OK Code / Title 37A / Section 37A-6-126
Arrest of license holders - Notice to ABLE Commission -
Status: in_force

Circumstances for immunity from prosecution.

A. All law enforcement officers, upon the arrest of any holder

of a license issued by the ABLE Commission for a violation of any

state law or municipal ordinance in which the violation of any

alcoholic beverage law had any part, shall immediately notify the

ABLE Commission thereof. Such officers shall notify the ABLE

Commission of any acts, practices or other conduct of any such

licensee which may be subversive to the general welfare or contrary

to the spirit of the Oklahoma Alcoholic Beverage Control Act and

shall recommend appropriate action to be taken by the ABLE

Commission or the Oklahoma Tax Commission.

B. A peace officer may not take a person into custody based

solely on the commission of an offense involving alcohol described

in subsection C of this section if the law enforcement officer,

after making a reasonable determination and considering the facts

and surrounding circumstances, reasonably believes that all of the

following apply:

1. The law enforcement officer has contact with the person

because the person requested emergency medical assistance for an

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 202

individual who reasonably appeared to be in need of medical

assistance due to alcohol consumption; and

2. The person:

a. provided the person's full name and any other relevant

information requested by the law enforcement officer,

b. remained at the scene with the individual who

reasonably appeared to be in need of medical

assistance due to alcohol consumption until emergency

medical assistance arrived, and

c. cooperated with emergency medical assistance personnel

and law enforcement officers at the scene.

C. A person who meets the criteria of subsection B of this

section is immune from criminal prosecution for an offense under

subsection D of Section 141 of this act if the offense involved a

state of intoxication caused by the person's use of alcohol or if

the offense involved the person being, or becoming, intoxicated as a

result of the person's use of alcohol.

D. A person may not initiate or maintain an action against a

peace officer or the employing political subdivision based on the

officer's compliance or failure to comply with this section.

E. For the purposes of this section, "peace officer" shall have

the same meaning as defined in Section 99 of Title 21 of the

Oklahoma Statutes.
Okla. Stat. tit. 37A, § 37A-3-110 — OK Code / Title 37A / Section 37A-3-110
Licensed beer distributor - Sales and distribution
Status: in_force

restrictions.

A. A licensed distributor designated as the licensed

distributor for a beer brand within a designated sales territory

shall present that beer brand for sale to all on-premise licensees

on the same price basis and without discrimination and to all off-

premise licensees on the same price basis within a particular county

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 108

and without discrimination. A licensed distributor shall not sell,

supply or deliver, either directly or indirectly through a third

party, a beer brand to a licensed retailer outside of the designated

sales territory of the designated distributor nor to any person the

licensed distributor has reason to believe will sell or supply any

quantity of the beer brand to any retail location outside of the

designated sales territory of the designated distributor.

B. All beer shall only be transported by a marked conveyance

owned or leased by the licensed distributor and operated by the

licensed distributor or an employee of the distributor for the

products of a licensed brewer or cider manufacturer within the

designated sales territory to the address and location of a licensed

retailer within that designated sales territory.

C. Any beer sold by the licensed distributor shall not be

delivered to, received by or stored at any place other than the

address and location of the licensed retailer for which state and

local retailer licenses or permits have been issued, except as

otherwise provided by law.

D. With the approval of the licensed brewer or cider

manufacturer, a licensed distributor may sell the designated brands

to a licensed retailer located in a designated sales territory of

another licensed distributor if that licensed distributor is

temporarily unable for any reason to provide the designated brands

of the licensed brewer or cider manufacturer within its designated

sales territory.

E. All beer purchased by a licensed distributor for resale in

this state shall physically come into the possession of the licensed

distributor and be unloaded in and distributed from the licensed

warehouses of the licensed distributor located in this state prior

to being resold in this state.

F. For temporary events, beer distributors shall be permitted

to park full trailers and Waymatics in the supplier area of the

events for the purposes of pulling and selling product to special

event, public event, caterer, on-premises beer and wine and mixed

beverage licensees. A temporary event shall not exceed fourteen

(14) consecutive calendar days in duration. The trailer/Waymatic

shall be deemed an extension of the licensed premises of the beer

distributor and no separate storage license shall be necessary. The

following shall apply to beer and cider transactions during

temporary events:

1. Beer distributors shall be permitted to deliver the beer or

cider from the trailer to the selling locations of the licensee(s)

within the event;

2. Beer distributors may not sell directly to consumers;

3. Each delivery of beer or cider shall be accompanied by an

invoice giving the date of purchase and the quantities delivered;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 109

4. At least every fourth day of the event, the distributor

shall generate and deliver a summary invoice. Within three days

after the end of the event, the beer distributor shall reconcile the

invoices with the deliveries made during the event and generate and

deliver a final invoice to be paid immediately upon delivery;

5. For temporary events lasting less than five (5) days and for

university game days, the beer distributor's invoice shall be

generated and submitted to the purchasing licensee the first

business day following the event. The licensee shall pay the

invoice upon receipt; and

6. For all temporary events, the beer distributor has the

option of requiring the purchasing licensee to deliver a check for

the full amount of the product contained within the trailer(s) at

the beginning of the event to be held by the beer distributor

pending completion of the event and reconciliation and payment.

Such a requirement shall not be deemed a consignment sale, a credit

transaction, or a violation of any rules or law.

The provisions of this subsection shall apply to small brewer

self-distributors and brewpub self-distributors.
Okla. Stat. tit. 37, § 37-608 — OK Code / Title 37 / Section 37-608
Renumbered as § 1-229.33 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 194, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-3-127 — OK Code / Title 37A / Section 37A-3-127
Bottle clubs - Membership cards - Alcoholic beverages -
Status: in_force

Nonalcoholic beverages – Violations – Penalties.

A. No person shall be allowed to enter or remain in the

designated bar or lounge area of a bottle club unless that person

possesses a valid membership card for that club issued by the club.

Membership cards issued by a bottle club shall be purchased by the

club from the ABLE Commission at a cost of Three Dollars ($3.00) per

temporary membership card and Twenty-five Dollars ($25.00) per

annual membership card. A temporary membership card shall be valid

for a period of seventy-two (72) consecutive hours from issuance to

the member. The date of issuance of a temporary membership shall be

clearly and prominently marked upon the card. When the card is

issued to a member by the club, the club may require the member to

reimburse the club for the cost of the card. No membership card

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 140

shall be issued to any person under twenty-one (21) years of age.

The ABLE Commission shall have the authority to promulgate rules

concerning bottle club membership cards.

B. A bottle club license authorizes alcoholic beverages

belonging to members of the club to be:

1. Stored, possessed and mixed on club premises; and

2. Served for on-premises consumption to members. Each member

shall be served only from the member's individually owned bottle of

alcoholic beverage which shall be marked with the owner's full name

or code number. Such numbers shall be maintained on the club

premises, available for inspection by employees of the ABLE

Commission or by any peace officer.

Pool systems of storage and purchase of alcoholic beverages in a

bottle club are specifically prohibited.

C. The sale, preparation or service of ice or nonalcoholic

beverages that are sold, prepared or served for the purpose of being

mixed with alcoholic beverages for consumption on the premises where

such sale, preparation or service occurs shall be subject to the

sales tax levied by the Oklahoma Sales Tax Code and to any municipal

or county sales taxes.

D. Any bottle club licensee, or employee or agent of such a

licensee who sells to a member any alcoholic beverage shall be

deemed guilty of a misdemeanor and upon conviction thereof shall be

punished by a fine of One Thousand Dollars ($1,000.00) and the club

license shall be revoked for a period of thirty (30) days. Any

bottle club licensee, or employee or agent of such a licensee who

delivers or furnishes to a member any alcoholic beverage that does

not belong to the member shall be deemed guilty of a misdemeanor and

upon conviction thereof shall be punished by a fine of not less than

Five Hundred Dollars ($500.00) nor more than One Thousand Dollars

($1,000.00) and the club license shall be revoked for a period of

thirty (30) days. Any bottle club licensee, or employee or agent of

such a licensee who permits any person who is not a member to enter

and remain in the designated bar or lounge area of the club premises

shall be deemed guilty of a misdemeanor and upon conviction thereof

shall be punished by a fine of One Thousand Dollars ($1,000.00) and

the bottle club license shall be suspended for a period of thirty

(30) days. No bottle club licensee, or employee or agent of such a

licensee shall serve alcoholic beverages to any person that does not

possess a valid membership card for that club issued by the club.

E. Any bottle club licensed under the provisions of the

Oklahoma Alcoholic Beverage Control Act shall pay the license fee

provided by law and obtain a separate license for each separate

place of business.

F. In counties of this state where retail sale of alcoholic

beverages by the individual drink has not been authorized, no person

shall serve alcoholic beverages by the individual drink for on-

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 141

premises consumption or permit the consumption of alcoholic

beverages except in a bottle club licensed pursuant to this section

or in a private residence; provided, this shall not prohibit a

winery from serving visitors on the licensed premises free samples

of wine produced on the premises. No member of a bottle club shall

serve alcoholic beverages lawfully prepared for the member in the

designated bar or lounge area of a bottle club to any person who

does not possess a valid membership card for the bottle club.
Okla. Stat. tit. 37A, § 37A-3-122 — OK Code / Title 37A / Section 37A-3-122
Business interests in interactive entertainment
Status: in_force

facilities.

A. As used in this section:

1. "Interactive entertainment facility" means premises that

feature interactive computer and video entertainment attractions,

themed merchandise, food and alcoholic beverages; and

2. "Main purpose of the business" means that the total gross

income derived from interactive entertainment exceeds the total

gross income derived from the sale, mixing, or serving of alcoholic

beverages.

B. Nothing in Sections 89 or 90 of this act shall be construed

as prohibiting the issuance, transfer or renewal of any mixed

beverage license to any person or corporation with respect to

premises that are an integral part of an interactive entertainment

facility in which a manufacturer, brewer, nonresident seller,

distiller or rectifier has an interest, directly or indirectly, of

less than thirty percent (30%) if all the following conditions are

met:

1. The main purpose of the business conducted within the

facility is providing interactive entertainment, not the sale of

alcoholic beverages;

2. The mixed beverage licensee shall serve other brands of

wine, beer and alcoholic beverages in addition to the brands

manufactured, produced or distributed by any distiller, rectifier,

nonresident seller, brewer or manufacturer that has a direct or

indirect interest in the mixed beverage license;

3. No more than twenty percent (20%) of the mixed beverage

licensee's purchases of alcoholic beverages for sale on its licensed

premises shall be products manufactured, produced or distributed by

the manufacturer, brewer, distiller, rectifier or nonresident seller

that has a direct or indirect interest in the licensed premises;

4. The licensee purchases all alcoholic beverages and beer sold

on the premises from wholesalers or distributors that are licensed

in Oklahoma;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 132

5. The distiller, rectifier, nonresident seller, brewer or

manufacturer does not control, directly or indirectly, the day-to-

day operation of the licensed premises; and

6. Officers, directors and employees of the distiller,

rectifier, nonresident seller, brewer or manufacturer do not serve

as officers or directors of the entity operating the licensed

premises.
Okla. Stat. tit. 37A, § 37A-6-109 — OK Code / Title 37A / Section 37A-6-109
Prohibited acts of mixed beverage, beer and wine, bottle club, caterer, charitable
Status: in_force

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 4bottle club, caterer, charitable event, public event or special

event licensees or employee, manager, operator or agent thereof.

No mixed beverage, beer and wine, bottle club, caterer,

charitable event, public event or special event licensee or any

employee, manager, operator or agent thereof shall:

1. Consume or be under the influence of alcoholic beverages

during the hours he or she is on duty. For the purposes of this

section, licensees will be deemed to be on duty from the time the

licensee first comes on duty until the time the licensee goes off

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 190

duty at the end of the shift including any break periods permitted

by management. This paragraph shall not apply for purposes of

employee education training; provided, that:

a. all tastings are conducted on a licensed premises and

under the direct supervision of the licensee,

b. all samples shall be poured by a licensee who is

lawfully permitted to serve alcoholic beverages in

this state,

c. all tastings shall be restricted to employees who are

twenty-one (21) years of age or older,

d. all participation in tastings for educational purposes

may be required by an employer; however, the choice to

taste or consume alcoholic beverages shall always be

voluntary, and

e. no employee may be required to taste or consume

alcohol at tastings as a condition of employment.

An educational tasting of beer may consist of not more than six

separate individual beers of not more than two (2) ounces each,

served together at one time. No employee may sample more than a

total of twelve (12) fluid ounces of beer per day. An educational

tasting of wine may consist of not more than six separate individual

wines of not more than one (1) ounce each, served together at one

time. No employee may sample more than a total of six (6) fluid

ounces of wine per day. An educational tasting of spirits shall

consist of not more than three separate individual spirits of not

more than one-half (0.5) ounce each, served together at one time.

No employee may sample more than a total of one and one-half (1.5)

fluid ounces of spirits per day. An education tasting of a mixed

beverage shall consist of not more than one individual mixed

beverage consisting of not more than twelve (12) ounces of beer, six

(6) ounces of wine, or one and one-half (1.5) ounces of spirits,

combined with an unlimited amount of ingredients that are non-

alcoholic in nature, served at one time. No employee may sample

more than a total of twelve (12) ounces of beer, six (6) ounces of

wine, or one and one-half (1.5) ounces of spirits in a mixed

beverage per day. Only one type of alcoholic beverage, beer, wine,

spirits, or mixed beverage shall be allowed at any educational

training tasting. No combination tasting shall be allowed.

Employees who choose to taste an alcoholic beverage but do not wish

to consume the alcoholic beverage shall be allowed to spit the

beverage into a cup for disposal. Employees may participate in

educational tastings before, during, or after regular business hours

unless otherwise prohibited by law. All licensees serving samples

of beer shall ensure that all samples are poured only from original

sealed packaging and any alcoholic beverages remaining in unsealed

packaging used to provide samples, excluding spirits and wine, are

poured out by the end of the day. No more than six bottles of

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 191

alcoholic beverages may be unsealed at any given time during a

tasting. All packaging containing samples of wine and spirits shall

be clearly marked as a sample and any unused portions of the sample

of wine or spirits shall be resealed and retained by the wine and

spirits wholesaler for use at the next tasting authorized in this

paragraph. Wine and spirits wholesaler employees may transport any

resealed samples of wine and spirits in their vehicles. Beer, wine,

and spirits samples shall not be considered withdrawn from the

inventory of the beer distributor or wine and spirits wholesaler for

purposes of the collection of the excise tax on beer, wine, and

spirits. Straw testing during operating hours shall be permitted.

Tastings offered to licensees by wine and spirits wholesalers and

beer distributors shall not be deemed discrimination or an

inducement under Section 3-123 of this title. This paragraph shall

not apply to any person who works on the premises as an entertainer

only;

2. Permit or tolerate any conduct or language which is intended

to threaten another with physical harm or any fighting or offensive

physical contact, in or upon the licensed premises or areas just

outside the licensed premises which are controlled by the licensee;

3. Permit empty or discarded alcoholic beverage containers to

be in public view outside the licensed premises. All empty or

discarded containers shall be disposed of in accordance with ABLE

Commission rules and regulations;

4. Permit any illegal gambling activity, violations of the

state narcotic and dangerous drug laws, prostitution activity or any

other criminal conduct to occur on the licensed premises;

5. Refuse or fail to promptly open a door to the licensed

premises upon request of an employee of the ABLE Commission or any

other peace officer to enter the premises when the licensee or

employee knows or should know that such request is made by an

employee of the ABLE Commission or a peace officer. This provision

shall not be construed to deny employees of the ABLE Commission or

peace officers access at any time to any licensed premises;

6. Permit a sealed or unsealed container of alcoholic beverage

to be removed from the licensed premises. Provided, that

restaurants, hotels and motels may permit the removal of closed

original wine containers the contents of which have been partially

consumed and bottle clubs may permit the removal by a club member of

closed original containers of alcoholic beverages belonging to

members. The provisions of this paragraph shall not be construed to

prohibit or restrict:

a. hotels or motels who are holders of mixed beverage or

on-premises beer and wine licenses from allowing

alcoholic beverages to be served away from the bar

area anywhere on the licensed premises,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 192

b. licensees, who are lawfully operating in a facility or

on property owned or operated by any agency, political

subdivision or public trust of this state, from

allowing persons to transport alcoholic beverages from

one licensed premises to another within the same

building or property, provided that the building or

property or a part thereof is defined as a common

drinking area for consumption of alcohol by resolution

of the governing body of the agency, political

subdivision or public trust of this state,

c. licensees, who are licensed to operate in a facility

or on property owned or operated by any agency,

political subdivision or public trust of this state,

from allowing other licensees to operate on their

licensed premises for events that are temporary in

nature. In the event that multiple licensees are

operating in a facility or on property owned or

operated by any agency, political subdivision or

public trust of this state, each licensee shall be

responsible for violations occurring in their area

designated to be their temporary licensed premises, or

d. licensees, who are lawfully operating in a facility or

property intended for multiple licensed premises

within the facility and which also contains a common

use area, from allowing persons to transport alcoholic

beverages within the entire premises, which shall be

designated by the ABLE Commission as a common drinking

area for the consumption of alcoholic beverages.

Provided further, the property owner and all licensees

licensed within the facility or property desiring the

entire premises be designated a common drinking area

shall notify the ABLE Commission in writing of their

consent prior to such area being designated a common

drinking area; or

7. Destroy, damage, alter, remove or conceal potential

evidence, or attempt to do so, or refuse to surrender evidence when

lawfully requested to do so by an inspector, agent or any other

peace officer or incite another person to do any of the above.
Okla. Stat. tit. 37A, § 37A-2-110v1 — OK Code / Title 37A / Section 37A-2-110v1
Mixed beverage license
Status: in_force

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. 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;

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

premises consumption only; provided, a mixed beverage 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

the most recently adopted North American Industry Classification

System (NAICS). 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 mixed beverage 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

mixed beverage licensee shall secure the special off-premises permit

prior to selling beer and wine for off-premises consumption;

3. 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

license. 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; and

4. 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

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 45

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.
Okla. Stat. tit. 37A, § 37A-5-106 — OK Code / Title 37A / Section 37A-5-106
Gross receipt tax revenue - General Revenue Fund
Status: in_force

All revenues generated from the gross receipts tax levied

pursuant to Section 108 of this act shall be paid to the State

Treasurer and placed to the credit of the General Revenue Fund of

the State of Oklahoma.
Okla. Stat. tit. 37A, § 37A-2-114 — OK Code / Title 37A / Section 37A-2-114
Special event license - Public event licenses
Status: in_force

A. An annual special event license shall authorize the holder

thereof to sell and distribute mixed beverages for consumption on

the premises for which the license has been issued for up to four

events to be held over a period not to exceed one (1) year, not to

exceed two such events in any three-month period. For purposes of

this subsection, an event shall not exceed a period of ten (10)

consecutive days. An annual special event 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. The holder of an annual special event license

shall provide written notice to the ABLE Commission of each special

event not less than ten (10) days before the event is held.

B. A quarterly special event license shall authorize the holder

thereof to sell and distribute mixed beverages for consumption on

the premises for which the license has been issued for up to three

events to be held over a period not to exceed three (3) months. For

purposes of this subsection, an event shall not exceed a period of

ten (10) consecutive days. A quarterly special event 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. The holder of a quarterly special event license

shall provide written notice to the ABLE Commission of each special

event not less than ten (10) days before the event is held.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 51

C. An annual public event license shall authorize the holder

thereof to sell and distribute mixed beverages for consumption on

the premises for which the license has been issued for up to six

events to be held over a period not to exceed one (1) calendar year.

The applicant for an annual public event license, who does not

already hold a license issued by the ABLE Commission, shall make

application not less than sixty (60) days before its first event.

The ABLE Commission shall have the authority to waive the sixty-day

requirement at its discretion. For purposes of this subsection, an

event shall not exceed a period of three (3) consecutive days. An

annual public event 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. The holder of an

annual public event license shall provide written notice to the ABLE

Commission of each promoted public event not less than ten (10) days

before the event is held. A public event license shall not be used

in lieu of a mixed beverage license.

D. A one-time public event license shall authorize the holder

thereof to sell and distribute mixed beverages for consumption on

the premises for which the license has been issued. The applicant

for a one-time public event license, who does not already hold a

license issued by the ABLE Commission, shall make application not

less than sixty (60) days before the event. The ABLE Commission

shall have the authority to waive the sixty-day requirement at its

discretion. For purposes of this paragraph, an event shall not

exceed a period of three (3) consecutive days. A public event

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. The holder of a public event

license shall provide written notice to the ABLE Commission of each

public event not less than ten (10) days before the event is held.

A public event license shall not be used in lieu of a mixed beverage

license.
Okla. Stat. tit. 37A, § 37A-4-101 — OK Code / Title 37A / Section 37A-4-101
Municipal authority to enact ordinances
Status: in_force

A. Municipalities are authorized to enact ordinances consistent

with the provisions of the Oklahoma Alcoholic Beverage Control Act.

In municipalities with populations of thirty-five thousand (35,000)

or more according to the most recent federal decennial census, these

ordinances may provide for maximum penalties of fines not to exceed

One Thousand Dollars ($1,000.00) plus court costs, an imprisonment

not to exceed ninety (90) days, or both such fine and imprisonment.

B. All municipalities of this state may enact ordinances

prohibiting or regulating nudity or drink solicitation in

establishments licensed pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act.

C. The provisions of this section shall not authorize any

municipality to regulate by ordinance or issue any licenses for

activities for which a license is required to be issued pursuant to

the provisions of the Oklahoma Alcoholic Beverage Control Act.

D. Municipalities are authorized to enact ordinances regulating

the closing time of ABLE Commission licensees who provide alcoholic

beverages for consumption on the premises; provided, no ordinance

shall be enacted for premises to open later than 6:00 a.m. or close

earlier than 2:00 a.m.
Okla. Stat. tit. 37A, § 37A-2-126 — OK Code / Title 37A / Section 37A-2-126
Storage license
Status: in_force

A storage license may be issued to a holder of a brewer,

distiller, winemaker, rectifier, wine or spirits wholesaler, beer

distributor, nonresident seller, mixed beverage, caterer, public

event or hotel beverage license and shall authorize the holder

thereof to store alcoholic beverages in a public warehouse holding a

bonded warehouse license. The holder of a small brewer license or

brewpub license shall not be required to obtain a storage license to

store beer within the limits set forth in Section 1-103 of this

title. No goods, wares or merchandise other than alcoholic

beverages may be stored in the same warehouse with alcoholic

beverages in private warehouses owned or leased and operated by such

licensees elsewhere than on their licensed premises. Provided:

1. A storage license issued to a beer distributor shall permit

the storage of beer and permit the sale and delivery to retailers

from the premises covered by such license;

2. Any licensee who is the holder of a mixed beverage/caterer

combination license or the holder of a mixed beverage license and a

hotel beverage license who is issued a storage license shall store

all inventories of alcoholic beverages either on the premises of the

mixed beverage establishment or in the warehouse;

3. A storage license shall not be required for a special event

licensee storing alcoholic beverages for use at a subsequent event;

and

4. A storage license shall be required for a public event

licensee storing alcoholic beverages for use at a subsequent event.
Okla. Stat. tit. 37A, § 37A-2-112 — OK Code / Title 37A / Section 37A-2-112
Caterer license
Status: in_force

A caterer license shall authorize the holder thereof to sell

mixed beverages for on-premises consumption incidental to the sale

or distribution of food at particular functions, occasions or events

which are temporary in nature. A caterer license shall not be

issued in lieu of a mixed beverage license. A caterer 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.
Okla. Stat. tit. 37A, § 37A-2-109 — OK Code / Title 37A / Section 37A-2-109
Retail spirits license - Retail wine license - Retail
Status: in_force

beer license.

A. A retail spirits license shall authorize the holder thereof:

1. To purchase wine or spirits from a wine and spirits

wholesaler;

2. To purchase beer from a beer distributor or from the holder

of a small brewer self-distribution license;

3. To sell same on the licensed premises in such containers to

consumers for off-premises consumption only and not for resale;

provided, spirits, wine and beer may be sold to charitable

organizations that are holders of charitable alcoholic beverage

auction or charitable alcoholic beverage event licenses; and

4. To host alcoholic beverage tastings consistent with

subsections D and E of this section.

B. A retail wine license shall authorize the holder thereof:

1. To purchase wine from a wine and spirits wholesaler;

2. To purchase wine from a small farm winemaker who is

permitted and has elected to self-distribute as provided in Article

XXVIII-A of the Oklahoma Constitution;

3. To sell same on the licensed premises in such containers to

consumers for off-premises consumption only and not for resale;

provided, wine may be sold to charitable organizations that are

holders of charitable alcoholic beverage auction or charitable

alcoholic beverage event licenses; and

4. To host an alcoholic beverage tasting, consistent with

subsections D and E of this section.

Provided, no holder of a retail wine license may sell wine with

alcohol beverage volume in excess of fifteen percent (15%).

C. A retail beer license shall authorize the holder thereof:

1. To purchase beer from a beer distributor;

2. To purchase beer from the holder of a small brewer self-

distribution license;

3. To sell same on the licensed premises in such containers to

consumers for off-premises consumption only and not for resale;

provided, beer may be sold to charitable organizations that are

holders of charitable alcoholic beverage auction or charitable

alcoholic beverage event licenses; and

4. To host alcoholic beverage tastings consistent with

subsections D and E of this section.

Provided, no holder of a retail beer license may sell a malt

beverage with alcohol beverage volume in excess of fifteen percent

(15%).

D. All tastings conducted under this section shall:

1. Be conducted under the direct supervision of the licensee

authorized to host the tasting;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 42

2. Be poured by any ABLE Commission licensee lawfully permitted

to serve alcoholic beverages, provided no wine or spirits

wholesaler, beer distributor or employee of a wine or spirits

wholesaler or beer distributor shall be allowed to pour samples for

tastings;

3. Use alcoholic beverages purchased by the licensee authorized

to host the tastings from a licensed wine and spirits wholesaler,

beer distributor, self-distributor, small brewer or self-

distributing winery authorized to sell the same, and the licensee

shall pay the applicable taxes on the alcoholic beverages purchased;

provided, the licensee may only provide samples of alcoholic

beverages that its license is authorized to sell;

4. Be restricted to persons twenty-one (21) years of age or

older;

5. Be limited to no more than one (1) fluid ounce of spirits,

two (2) fluid ounces of wine or three (3) fluid ounces of beer per

consumer per day; and

6. Be consumed on the licensed premises of the licensee

authorized to host the tastings or at a location other than the

licensed premises, provided no samples served on the licensed

premises shall be permitted to be removed from the licensed

premises.

E. All licensees authorized to serve samples pursuant to

subsection D of this section shall ensure that:

1. All samples are poured only from original sealed packaging;

2. Any alcoholic beverages remaining in unsealed packaging used

to provide samples, excluding spirits, are poured out by the end of

the day;

3. No more than six (6) bottles of alcoholic beverages are

unsealed at any given time; and

4. No person shall remove any samples from the licensed

premises or location where the tasting has occurred.

F. 1. Retail spirits, retail wine, and retail beer licensees

shall be authorized to host educational alcoholic beverage training,

which includes tastings, for employees who are licensed to sell such

beverages on the licensed premises in such containers to consumers

for off-premises consumption only. Alcoholic beverages for training

purposes may be provided by wine and spirits wholesaler licensees

and beer distributor licensees.

2. All such tastings shall be consumed on licensed premises of

the licensee authorized to host the tastings or at a location other

than the licensed premises, and under the direct supervision of the

licensee. Samples shall be poured by a licensee who is lawfully

permitted to serve alcoholic beverages on the licensed premises in

such containers to consumers for off-premises consumption only in

this state. Tastings shall be restricted to employees who are

twenty-one (21) years of age or older. Participation in tastings

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 43

for educational purposes may be required by an employer; however,

the choice to taste or consume alcoholic beverages shall always be

voluntary. No employee may be required to taste or consume alcohol

at tastings as a condition of employment.

3. An educational tasting of beer may consist of not more than

six separate individual beers of not more than two (2) ounces each,

served together at one time. No employee may sample more than a

total of twelve (12) fluid ounces of beer per day. An educational

tasting of wine may consist of not more than six separate individual

wines of not more than one (1) ounce each, served together at one

time. No employee may sample more than a total of six (6) fluid

ounces of wine per day. An educational tasting of spirits shall

consist of not more than three separate individual spirits of not

more than one-half (0.5) ounce each, served together at one time.

No employee may sample more than a total of one and one-half (1.5)

fluid ounces of spirits per day. No employee may sample more than a

total of twelve (12) ounces of beer, six (6) ounces of wine, or one

and one-half (1.5) ounces of spirits per day. Only one type of

alcoholic beverage of beer, wine, or spirits shall be allowed at any

education training tasting. No combination tasting shall be

allowed. Employees who choose to taste an alcoholic beverage but do

not wish to consume the alcoholic beverage shall be allowed to spit

the beverage into a cup for disposal. Employees may participate in

educational tastings before, during, or after regular business hours

unless otherwise prohibited by law. All licensees serving samples

of beer shall ensure that all samples are poured only from original

sealed packaging and any alcoholic beverages remaining in unsealed

packaging used to provide samples, excluding spirits and wine, are

poured out by the end of the day. No more than six bottles of

alcoholic beverages may be unsealed at any given time during a

tasting. All packaging containing samples of wine and spirits shall

be clearly marked as a sample and any unused portions of the sample

of wine or spirits shall be resealed and retained by the wine and

spirits wholesaler for use at the next tasting authorized in this

paragraph. Wine and spirits wholesaler employees may transport any

resealed samples of wine and spirits in their vehicles. Beer, wine,

and spirits samples shall not be considered withdrawn from the

inventory of the beer distributor or wine and spirits wholesaler for

purposes of the collection of the excise tax on beer, wine, and

spirits. Tastings offered to licensees by wine and spirits

wholesalers and beer distributors shall not be deemed discrimination

or an inducement under Section 3-123 of this title.
Okla. Stat. tit. 37A, § 37A-1-110 — OK Code / Title 37A / Section 37A-1-110
Restrictions on Commission members and employees –
Status: in_force

Penalties.

A. No member or employee of the ABLE Commission shall:

1. Be appointed or serve who has been convicted of a felony or

of any violation of any federal or state law relating to alcoholic

beverages;

2. Directly or indirectly, individually or as a member of a

partnership, or as a shareholder of a corporation, have any interest

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 23

whatsoever in the manufacture, sale or distribution of alcoholic

beverages;

3. Receive any compensation or profit therefrom, nor have any

interest, directly or indirectly, in any business authorized by a

license issued pursuant to the provisions of the Oklahoma Alcoholic

Beverage Control Act. The holding of membership or elective or

appointed office in fraternal organizations which obtain licenses

authorized by the Oklahoma Alcoholic Beverage Control Act shall not

be considered to be engagement in the alcoholic beverage business;

4. Solicit or accept any gift, gratuity, emolument or

employment from any person subject to the provisions of the Oklahoma

Alcoholic Beverage Control Act, or from any officer, agent or

employee thereof;

5. Solicit, request from or recommend, directly or indirectly,

to any such person or to any officer, agent or employee thereof, the

appointment of any person to any place or position, and every such

person, and every officer, agent or employee thereof, is hereby

forbidden to offer to any member or employee of the ABLE Commission

any gift, gratuity, emolument or employment;

6. Accept employment within the alcoholic beverage industry for

any holder of a license issued pursuant to the provisions of the

Oklahoma Alcoholic Beverage Control Act; or

7. Represent, directly or indirectly, any such licensee in any

proceedings before the Director, the ABLE Commission or the Tax

Commission within two (2) years following separation from the ABLE

Commission.

B. Violation of any provision of subsection A of this section

shall constitute a misdemeanor. In addition to the penal

provisions, any person convicted shall be immediately removed from

the office or position he or she holds.

C. No license of any kind shall be granted to or retained by

any person or any partnership containing any partner who is related

to any member of the ABLE Commission or to the Director or Assistant

Director by affinity or consanguinity within the third degree or who

is related to any other employee of the ABLE Commission by affinity

or consanguinity in the first degree. If a license is held in

violation of the provisions of this subsection, the member or

employee of the ABLE Commission shall not be entitled to receive any

compensation or other monies from the State of Oklahoma while a

license is held in violation of the provisions of this subsection.

D. It shall be unlawful for any member or employee of the ABLE

Commission to lend, expend or contribute any money, funds, property

or other thing of value, or use his or her official position for the

purpose of securing the nomination or election or the defeat of any

candidate for public office in the State of Oklahoma.

E. Any person who shall violate the provisions of subsection D

of this section shall, upon conviction, be fined not less than Two

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 24

Thousand Five Hundred Dollars ($2,500.00) nor more than Five

Thousand Dollars ($5,000.00), or be imprisoned in the county jail

for not more than one (1) year, or by both such fine and

imprisonment. Any person found guilty of violating the provisions

of this subsection shall, upon conviction, in addition to the

criminal penalty imposed herein, be discharged from the office or

position he or she holds and shall not be rehired to any state

position.
Okla. Stat. tit. 37A, § 37A-2-146 — OK Code / Title 37A / Section 37A-2-146
Grounds to deny wine and spirits wholesaler, beer
Status: in_force

distributor, retail spirits, retail wine or retail beer license.

A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission

shall refuse to issue a wine and spirits wholesaler, beer

distributor, retail spirits, retail wine or retail beer license,

either on an original application or a renewal application, if it

has reasonable grounds to believe and finds any of the following to

be true:

1. Except in the case of a beer distributor, that the applicant

is not a citizen of the United States or is not a qualified elector

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 77

in this state, or has not been a continuous resident of this state

for the five (5) years next preceding the application for the

license;

2. That the applicant is under twenty-one (21) years of age;

3. That the applicant or any partner, or spouse of the

applicant or any partner, has been convicted of a felony;

4. That the applicant or any partner, or spouse of the

applicant or any partner, has been convicted of a violation of any

state or federal law relating to alcoholic beverages, has forfeited

a bond while any charge of such violation was pending, nor may any

license be granted for any purpose under the Oklahoma Alcoholic

Beverage Control Act to an Oklahoma resident, who has held or whose

spouse has held a Federal Liquor Stamp in Oklahoma before the

adoption of Article XXVIII-A of the Oklahoma Constitution unless the

Liquor Stamp was granted for supplying alcoholic beverages to a

federal military installation, or was granted under the Oklahoma

Alcoholic Beverage Control Act;

5. That the applicant or any partner has, within twelve (12)

months next preceding the date of the application, violated any

provision of the Oklahoma Alcoholic Beverage Control Act or rule of

the ABLE Commission promulgated pursuant hereto. Provided, however,

that if the ABLE Commission has, during such twelve-month period,

suspended any license sought to be renewed, such renewal application

may be approved if the term of the suspension has been completed and

the applicant has complied with any special conditions imposed in

connection with the suspension;

6. That the applicant is in the habit of using alcoholic

beverages to excess or is mentally incapacitated;

7. That the applicant does not own or have a written lease for

the premises for which a license is sought;

8. That the applicant, within twelve (12) months next preceding

the date of application, has been the holder of a license revoked

for cause;

9. That the applicant is not the real party in interest, or

intends to carry on the business authorized by the license as the

agent of another;

10. That the applicant, in the case of an application for

renewal of any license, would not be eligible for such license on a

first application;

11. That the applicant is a person who appoints or is a law

enforcement official or is an employee of the ABLE Commission;

12. That the proposed location of the licensed premises would

violate a valid municipal nondiscriminatory zoning ordinance;

13. That, in the case of an application for a wine and spirits

wholesaler license or beer distributor license, any brewer or

manufacturer, including an officer, director or principal

stockholder thereof or any partner, has any financial interest in

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 78

the business to be conducted under the license, unless otherwise

permitted by law;

14. That the issuance of the license applied for would result

in a violation of any provision of the Oklahoma Alcoholic Beverage

Control Act;

15. That, in the case of an application for a wine and spirits

wholesaler or beer distributor license, the applicant or any

partner, or spouse of the applicant or any partner, is the holder or

partner of the holder of any other class of license issued under the

provisions of the Oklahoma Alcoholic Beverage Control Act, other

than an agent or employee license for employment by the applicant,

or a storage license, bonded warehouse license, carrier license or

private carrier license; provided, nothing shall prohibit a wine and

spirits wholesaler, who is otherwise qualified, from maintaining

beer distributor licenses in the state, nor a beer distributor, who

is otherwise qualified, from maintaining a wine and spirits

wholesaler license in the state;

16. That, in the case of an application for a retail spirits,

retail wine or retail beer license, the applicant or any partner is

the holder or partner of the holder, or employee of such holder of

any other class of license issued under the provisions of the

Oklahoma Alcoholic Beverage Control Act, other than a storage

license or an employee license for the proposed licensed premises of

the applicant, provided, nothing in this title shall prohibit an

applicant for a retail wine and/or retail beer license from

maintaining a separate mixed beverage, caterer, mixed

beverage/caterer combination license, and/or an on-premises beer and

wine license; or

17. That the applicant or any partner, spouse, employee or

other person affiliated with the applicant is not in compliance with

the tax laws of this state as required in Article XXVIII-A of the

Oklahoma Constitution.

B. A beer distributor licensee and wine and spirits wholesaler

licensee under common ownership shall not be limited in the types of

business entities which may obtain a wine and spirits wholesaler

license. Nothing in this subsection shall be construed to apply to

a retail spirits license due to the need for strict liability

related to sales directly to consumers and in the interest of public

safety.

C. The provisions of this section shall not operate to prohibit

the issuance of a beer distributor license to a corporation or

partnership or limited liability company.
Okla. Stat. tit. 37A, § 37A-2-129 — OK Code / Title 37A / Section 37A-2-129
Charitable auction or charitable alcoholic beverage
Status: in_force

event license.

A. A charitable auction or charitable alcoholic beverage event

license may be issued to a charitable organization exempt from

taxation under Section 501(c)(3), (4), (5), (6), (7), (8), (9), (10)

or (19) of the United States Internal Revenue Code. The charitable

alcoholic beverage event license shall authorize the holder thereof

to conduct a wine, spirit and/or beer event which may consist of one

or more of a wine, spirit and/or beer-tasting event, a wine, spirit

and/or beer dinner event or a wine, spirit and/or beer auction,

which may be either a live auction conducted by an auctioneer or a

silent auction for which:

1. Bid sheets are accepted from interested bidders at the

event;

2. The holders of tickets are allowed to bid online for a

period not exceeding thirty (30) days prior to the event; or

3. Both bid sheets are accepted at the event and online bids

are accepted pursuant to paragraph 2 of this subsection.

B. A charitable alcoholic beverage event shall be conducted

solely to raise funds for charitable purposes. A charitable

alcoholic beverage license shall allow the event attendees access to

tastings, samples, dinners and alcoholic beverages as parts of their

entrance fee or ticket price. Wine, spirits and/or beer used in,

served or consumed at a charitable alcoholic beverage event may be

purchased by the charitable organization or donated by any person or

entity.

C. The charitable alcoholic beverage event license shall be

issued for a period not exceeding four (4) days. Only eight such

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 61

licenses may be issued to an organization in any twelve-month

period. The charitable organization holding a charitable alcoholic

beverage event license shall not be required to obtain a special

event license.

D. Charitable auction and charitable alcoholic beverage event

license holders may also utilize a licensed caterer to provide

additional alcohol services at the event and on the premises.

E. The charitable auction license shall authorize the holder

thereof to auction wine, spirits and/or beer purchased from a retail

package store or received as a gift from an individual if the

auction is conducted to raise funds for charitable purposes. The

charitable auction license shall be issued for a period not to

exceed two (2) days. Only four such licenses shall be issued to an

organization in any twelve-month period. The maximum amount of

wine, spirits and/or beer auctioned pursuant to the charitable

auction license shall not exceed fifty (50) gallons. All wines,

beer and spirits auctioned pursuant to the charitable auction

license shall be registered and all fees and taxes shall be paid in

accordance with the Oklahoma Alcoholic Beverage Control Act.

F. No charitable alcoholic beverage event license shall be

required for an organization, association or nonprofit corporation

which is an economic development chamber or similar entity, provided

the event is not conducted primarily for fundraising purposes, and

provided the services of a licensed caterer are used to provide and

distribute the alcoholic beverages at the event.
Okla. Stat. tit. 37, § 37-600.13 — OK Code / Title 37 / Section 37-600.13
Renumbered as § 1-229.26 of Title 63 by Laws 2016, c
Status: in_force

366, § 184, eff. Oct. 1, 2018.
Okla. Stat. tit. 37, § 37-609 — OK Code / Title 37 / Section 37-609
Renumbered as § 1-229.34 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 195, eff. Oct. 1, 2018.

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 24
Okla. Stat. tit. 37A, § 37A-5-110 — OK Code / Title 37A / Section 37A-5-110
Excise tax payments by brewers and beer distributors -
Status: in_force

Monthly itemized and verified report - Violations – Penalties.

A. Payment of the excise tax levied by Section 104 of this act

with respect to beer shall be made by the brewer or the beer

distributor as herein provided. The tax shall be due and payable on

the first day of each month for the preceding calendar month and if

not paid on or before the tenth day of each month shall thereafter

be delinquent.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 154

B. Every brewer and beer distributor 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 the following information:

1. Total quantity and description of opening inventory of beer

as of the first day of the month;

2. Total receipts and acquisitions during month from every

source. This shall be itemized showing:

a. imports and purchases within and without this state

separately,

b. the kind and quantity of each type of beer as shown by

the shipper's or seller's invoices thereof,

c. the date of each purchase,

d. the quantities 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,

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

shipment, and

i. the name and ABLE Commission license number of the

carrier if shipped by carrier;

3. The kind and quantity of all beer sold or withdrawn from

stock for sale, use or consumption in the State of Oklahoma during

the preceding calendar month; the date of each sale; the kind and

quantity of beer in each sale; the name, address and ABLE Commission

license number of each purchaser; 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; and the

name and ABLE Commission license number of the carrier if shipped by

carrier;

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

including exports and sales and deliveries to military installations

located within this state, shall be reported and information in

reference to each such nontaxable sale, disposition and export shall

be shown in detail as is required for sales in the State of Oklahoma

and shall be supported by evidence satisfactory to the Tax

Commission;

5. Closing inventory of beer as of the last day of the calendar

month; and

6. Such other information pertaining to the brewer's and beer

distributor's beginning inventory of beer, receipts or acquisitions

thereof, sales and dispositions thereof, and the closing inventory,

as the Tax Commission may by form or rule require.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 155

C. Every brewer and beer distributor, at the time of making the

monthly report required by this section, shall remit to the Tax

Commission the total amount of the excise tax due as shown by the

report. It shall be unlawful for any brewer or beer distributor to

sell or offer for sale any beer while delinquent in the payment of

any excise tax due the state.

D. Reports and remittances, as required herein, which are

mailed on the tenth day of the month and received by the Tax

Commission subsequent to the tenth of the month in which the excise

tax is payable, shall be deemed to have been received by the Tax

Commission before becoming delinquent. Postmark or registry receipt

showing deposit in the United States mails shall be conclusive

evidence of the date of mailing. The time for filing returns and

paying the excise tax levied by the Oklahoma Alcoholic Beverage

Control Act shall not be extended.

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

that any nontaxable disposition or sale claimed by any brewer or

beer distributor is not supported by a valid invoice, or is

fraudulently or falsely claimed in any manner by such brewer or beer

distributor or any agent of such licensee, the Tax Commission shall

disallow any such deduction and shall assess and collect the tax,

together with the penalty and interest thereon, on the total amount

of the disallowed deduction taken by the licensee.

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

law, upon a report by any brewer or beer distributor, or the failure

to file monthly reports or to pay any excise tax due, shall

constitute grounds for the revocation of such person's license by

the ABLE Commission and the Tax Commission shall promptly notify the

ABLE Commission of all such cases.
Okla. Stat. tit. 37A, § 37A-6-104 — OK Code / Title 37A / Section 37A-6-104
Prohibited acts of wholesaler licensees
Status: in_force

No wine or spirits wholesaler licensee shall sell or deliver,

and no wine or spirits retail licensee shall receive:

1. Any amount of spirits or wines to any licensee on Sunday; or

2. Any amount of spirits or wines to any licensee on New Year's

Day, the Fourth of July, Thanksgiving Day or Christmas Day.
Okla. Stat. tit. 37A, § 37A-3-104 — OK Code / Title 37A / Section 37A-3-104
Beer kegs - Identification seals – Record keeping
Status: in_force

required for sales - Violations – Penalties.

A. For purposes of this section:

1. "Beer keg" means any brewery-sealed, single container that

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

2. "Licensed retailer" means a licensed package store; and

3. "Identification seal" means any device approved by the ABLE

Commission which is designed to be affixed to beer kegs and which

displays an identification number and any other information as may

be prescribed by the ABLE Commission.

B. No licensed retailer shall sell beer kegs unless that

retailer affixes an identification seal to each beer keg. An

identification seal shall consist of durable material as determined

by the ABLE Commission that is not easily removed or destroyed.

Identification seals used may contain a nonpermanent adhesive

material in order to apply the seal directly to an outside surface

of a beer keg at the time of sale. Identification seals shall be

attached to beer kegs at the time of sale as determined by the ABLE

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 99

Commission. The identification information contained on the seal

shall include the licensed retailer's name, address, beer license

number and telephone number; a unique beer keg number assigned by

the licensed retailer; and a prominently visible warning that

intentional removal or defacement of the seal is a misdemeanor.

Upon return of a beer keg to the licensed retailer that sold the

beer keg and attached the identification seal, the licensed retailer

shall be responsible for the complete and thorough removal of the

entire identification seal and any adhesive or attachment devices of

the seal. The seal beer keg identification number must be kept on

file with the retailer for not less than one (1) year from the date

of return.

C. A licensed retailer shall not sell a beer keg unless the

beer keg has attached a seal complying with the standards

established by subsection B of this section.

D. 1. A licensed retailer who sells a beer keg must at the

time of the sale record:

a. the purchaser's name and address and the number of the

purchaser's driver license, identification card issued

by the Department of Public Safety, military

identification card or valid United States or foreign

passport,

b. the date and time of the purchase,

c. the beer keg identification seal number required by

subsection B of this section, and

d. the purchaser's signature.

2. The record shall be retained for not less than one (1) year

after the date of the sale.

E. A licensed retailer required to retain records under

subsection D of this section shall make the records available during

regular business hours for inspection by a law enforcement officer

or an employee of the ABLE Commission.

F. 1. A person required to record information under subsection

D of this section shall not knowingly make a materially false entry

in the book or register required under subsection D of this section.

In a prosecution under this subsection, it is a defense for the

defendant to prove by a preponderance of the evidence that the

defendant reasonably and in good faith relied upon the

identification provided by the purchaser of a beer keg.

2. No person other than a licensed retailer, a licensed beer

distributor, a law enforcement officer or an employee of the ABLE

Commission may intentionally remove a seal placed on a beer keg in

compliance with subsection C of this section. No person may

intentionally deface or damage the seal on a beer keg to make it

unreadable.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 100

3. Any person who purchases a beer keg and who fails to return

the keg or who returns a keg with a damaged or missing seal shall be

subject to a fine of Five Hundred Dollars ($500.00).

4. Any licensed retailer who fails to report an individual

provided for in paragraph 3 of this subsection to law enforcement

shall be guilty of a misdemeanor and shall be subject to fines of

not less than Five Hundred Dollars ($500.00) for first and second

offenses. A third violation by a licensed retailer of the

provisions of this paragraph shall result in the revocation of the

retailer's license for up to one (1) year.

G. Any person who purchases a beer keg which is subsequently

stolen from such person shall not be liable for any penalty imposed

pursuant to the provisions of this section if such person properly

reported the theft of the beer keg to law enforcement authorities

within twenty-four (24) hours of the discovery of the theft.

H. The ABLE Commission shall promulgate rules for the

implementation and application of this section.
Okla. Stat. tit. 37A, § 37A-2-156 — OK Code / Title 37A / Section 37A-2-156
Restrictions on licenses and ownership interest in
Status: in_force

package stores - Spousal interests - Package store sales.

A. No retail spirits license shall be issued to a corporation,

limited liability company or similar business entity. No person may

own any interest in more than two package stores; provided, a spouse

of a retail spirits license holder may hold a separate interest in

up to two (2) package stores. For the purpose only of establishing

whether or not a person owns an interest in more than one package

store, any person having a beneficial interest in any package store

shall be deemed to be a partner in the package store except that the

spouse of any retail spirits license holder or partner shall not be

deemed to be a partner or have a beneficial interest in a package

store unless his or her name appears on the license. A beneficial

interest shall be any interest that benefits from any sales or

profits of the package store.

B. For purposes of this section, any spouse of a retail spirits

license holder shall not hold another license provided for pursuant

to the Oklahoma Alcoholic Beverage Control Act, except a retail wine

license, retail beer license, on-premises beer and wine license,

mixed beverage license, a caterer's license or a retail spirits

license.

C. Package stores licensed under the Oklahoma Alcoholic

Beverage Control Act may sell only alcoholic beverages in retail

containers as defined in Section 1-103 of this title, in the

original package for consumption off the premises; provided, that

package stores licensed under the Oklahoma Alcoholic Beverage

Control Act that are also mixed beverage licensees shall not be

prohibited from the exercise of the authorities granted them by

Section 2-110 of this title. All retail sales shall be made on the

licensed premises and all deliveries off the premises, at retail, of

intoxicating liquor or beer are hereby prohibited. Provided, a

holder of a Retail Spirits License shall be permitted to sell at

retail any item that may be purchased at a grocery store or

convenience store, as defined by law, except for motor fuel, so long

as the sale of items other than alcoholic beverages do not comprise

more than twenty percent (20%) of the holder's monthly sales.
Okla. Stat. tit. 37A, § 37A-2-145 — OK Code / Title 37A / Section 37A-2-145
Eligibility of persons pardoned for a felony
Status: in_force

Conviction of a felony for which a pardon has been granted,

shall not constitute grounds for the denial or revocation of any

license issued by the ABLE Commission.

Unless otherwise provided by law, any person who has received a

pardon for a felony conviction shall be eligible to apply for,

receive and renew any license granted by the ABLE Commission, which

by law is denied to a convicted felon, if:

1. The person meets all other qualifications and requirements

for obtaining and maintaining the license; and

2. The person has not been convicted of any other felony or

felonies for which a pardon has not been granted.
Okla. Stat. tit. 37A, § 37A-3-124 — OK Code / Title 37A / Section 37A-3-124
Voter approval at county special elections or a general
Status: in_force

election required for sale of alcoholic beverages on Sundays or by

individual drink for on-premises consumption.

A. Sale of alcoholic beverages by the individual drink for on-

premises consumption shall be unlawful in any county of this state

unless the sale has been approved by a majority of the registered

voters of the county voting thereon at a special election called by

the board of county commissioners or a General Election. Subject to

the provisions of subsection C of this section, such election shall

be called by the board of county commissioners upon receipt of a

petition signed by registered voters constituting not less than

fifteen percent (15%) of the total votes cast in the county in the

last General Election for the Office of Governor, or such election

may be called by the board of county commissioners upon its own

motion. At the time such election is called, the proposition shall

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 138

include those days or portions of days, if any, on which sales of

alcoholic beverages by the individual drink are not authorized. If

the proposition is the result of a motion of the board of county

commissioners, then the ABLE Commission shall designate the days or

portions of days, if any, on which the sales of alcoholic beverages

are not authorized. If the proposition is the result of a petition,

such petition shall specify days or portions of days, if any, on

which the sales of alcoholic beverages are not authorized.

If, at the Special Election or at a General Election, the

proposition to authorize the sale of alcoholic beverages by the

individual drink for on-premises consumption fails to be approved by

the registered voters of the county, the county shall not hold

another election on whether or not to approve such sales, for at

least two (2) years from the date the proposition failed to be

approved.

B. Sales of alcoholic beverages on Sundays by retail spirits

licensees shall be unlawful in any county of this state unless

approved by a majority of the registered voters of the county voting

thereon at a special election called by the board of county

commissioners or a General Election. Subject to the provisions of

subsection C of this section, such election shall be called by the

board of county commissioners upon receipt of a petition signed by

registered voters constituting not less than fifteen percent (15%)

of the total votes cast in the county in the last General Election

for the Office of Governor, or such election may be called by the

board of county commissioners upon its own motion.

C. A proposition otherwise authorized by the provisions of

subsection A or subsection B of this section shall be placed before

the voters of the applicable county at an election to be held on the

same date as:

1. Any regularly scheduled federal, state or county election

held in that county;

2. A special election held in that county for a federal, state

or county office; or

3. A special election held in that county for another county

proposition or a state question.
Okla. Stat. tit. 37A, § 37A-2-164 — OK Code / Title 37A / Section 37A-2-164
ID card verification — Discretion
Status: in_force

Holders of a license issued by the Oklahoma Alcoholic Beverage

Laws Enforcement Commission pursuant to Title 37A of the Oklahoma

Statutes shall not be required by state law, administrative rule, or

regulation to check identification (ID) cards prior to selling or

serving alcoholic beverages to a person. A license holder, upon

their discretion, may still choose to check and verify a person's ID

prior to selling or serving a person an alcoholic beverage.

Nothing in this section shall absolve the license holder from

the prohibition of selling or serving alcoholic beverages to a

person under twenty-one (21) years of age.
Okla. Stat. tit. 37, § 37-537.1A — OK Code / Title 37 / Section 37-537.1A
Mixed beverage, beer and wine, bottle club, or event
Status: in_force

licensee or their officer or agent - Prohibited acts.

No mixed beverage, beer and wine, bottle club, caterer,

charitable event, public event or special event licensee or any

employee, manager, operator or agent thereof shall:

1. Consume or be under the influence of alcoholic beverages

during the hours he or she is on duty. For the purposes of this

section, licensees will be deemed to be on duty from the time the

licensee first comes on duty until the time the licensee goes off

duty at the end of the shift, including any break periods permitted

by management. This paragraph shall not apply to any person who

works on the premises as an entertainer only;

2. Permit or tolerate any conduct or language which is intended

to threaten another with physical harm or any fighting or offensive

physical contact, in or upon the licensed premises or areas just

outside the licensed premises which are controlled by the licensee;

3. Permit empty or discarded alcoholic beverage containers to

be in public view outside the licensed premises. All empty or

discarded containers shall be disposed of in accordance with ABLE

Commission rules and regulations;

4. Permit any illegal gambling activity, violations of the

state narcotic and dangerous drug laws, or prostitution activity or

any other criminal conduct to occur on the licensed premises;

5. Refuse or fail to promptly open a door to the licensed

premises upon request of an agent or inspector of the Alcoholic

Beverage Laws Enforcement Commission or any other peace officer to

enter the premises, when the licensee or employee knows or should

know that such request is made by an agent or inspector of the ABLE

Commission or any other peace officer. This provision shall not be

construed to deny agents of the ABLE Commission or any other peace

officer access at any time to any licensed premises;

6. Permit a sealed or unsealed container of alcoholic beverage

to be removed from the licensed premises. Provided that

restaurants, hotels, and motels may permit the removal of closed

original wine containers the contents of which have been partially

consumed and bottle clubs may permit the removal by a club member of

closed original containers of alcoholic beverages belonging to the

members. The provisions of this paragraph shall not be construed to

prohibit or restrict:

a. hotels or motels who are holders of mixed beverage or

beer and wine licenses from allowing alcoholic

beverages to be served away from the bar area anywhere

on the licensed premises,

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 11

b. licensees, who are lawfully operating in a facility or

on property owned or operated by any agency, political

subdivision or public trust of this state, from

allowing persons to transport alcoholic beverages from

one licensed premises to another within the same

building or property, provided that the building or

property or a part thereof is defined as a common

drinking area for consumption of alcohol by resolution

of the governing body of the agency, political

subdivision or public trust of this state, or

c. licensees, who are licensed to operate in a facility

or on property owned or operated by any agency,

political subdivision or public trust of this state,

from allowing other licensees to operate on their

licensed premises for events that are temporary in

nature. In the event that multiple licensees are

operating in a facility or on property owned or

operated by any agency, political subdivision or

public trust of this state, each licensee shall be

responsible for violations occurring in their area

designated to be their temporary licensed premises; or

7. Destroy, damage, alter, remove or conceal potential

evidence, or attempt to do so, or refuse to surrender evidence when

lawfully requested to do so by an inspector, agent or any other

peace officer or incite another person to do any of the above.Oklahoma Statutes - Title 37. Intoxicating Liquors Page 3

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 4
Okla. Stat. tit. 37A, § 37A-7-103 — OK Code / Title 37A / Section 37A-7-103
Requirements
Status: in_force

A cocktail, mixed drink, or single-serve wine in its original

container may be transferred and sold for off-premises consumption

if the following requirements are met:

1. The cocktail, mixed beverage, or single-serve wine is

transferred within the licensed premises by a curbside pickup or by

delivery by an employee of the mixed beverage licensee, mixed

beverage/caterer combination licensee, or retail licensee who:

a. is at least eighteen (18) years of age, and

b. upon delivery, verifies the age of the person to whom

the cocktail is being delivered;

2. If the employee delivering the cocktail, mixed drink, or

single-serve wine is not able to safely verify a person’s age or

level of intoxication upon delivery, the employee shall cancel the

sale of alcohol and return the product to the mixed beverage license

holder, mixed beverage/caterer combination license holder, or retail

license holder;

3. The sealed container is placed in the trunk of the vehicle

or, if there is no trunk, in the vehicle’s rear compartment that is

not readily accessible to the passenger area;

4. In the case of a mixed drink sealed by the mixed beverage or

caterer licensee, the sealed container shall be affixed with a label

or tag that contains the following information:

a. the cocktail, mixed drink or single-serve wine

ingredients, type and name of the alcohol,

b. the name, license number and address of the mixed

beverage licensee or caterer licensee who filled the

original container and sold the product,

c. the volume of the cocktail, mixed drink or single-

serve wine in the sealed container, and

d. verification that the sealed container was filled less

than seven (7) days before the date of sale;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 209

5. In the case of a mixed drink in its original container from

the original manufacturer of the mixed drink, the Oklahoma-

registered label shall not be tampered with, modified, or otherwise

changed;

6. In the case of a customer purchasing a cocktail, mixed

drink, or single-serve wine from inside the licensed premises as

part of a carry out or to-go sale, a customer may carry the sealed

container from the licensed premises; and

7. In the case of a customer purchasing a cocktail, mixed

drink, or single-serve wine from a drive-through sale, the licensed

premises shall inform the customer that the sealed container shall

be stored out of reach of the driver’s compartment.
Okla. Stat. tit. 37A, § 37A-3-101 — OK Code / Title 37A / Section 37A-3-101
Personal use, possession and making of alcoholic
Status: in_force

beverages - Exemptions for dentists, physicians, drugstores,

churches and military reservations - Restrictions on retail sales

and shipping for out-of-state businesses.

A. No person shall manufacture, rectify, sell, possess, store,

import into or export from this state, transport or deliver any

alcoholic beverage except as specifically provided in the Oklahoma

Alcoholic Beverage Control Act. Provided, that nothing herein shall

prevent the possession and transportation of alcoholic beverages for

the personal use of the possessor and his or her family and guests,

so long as the Oklahoma excise tax has been paid thereon, except for

beer. Provided, further, that nothing herein shall prevent a person

from making beer, cider or wine, by simple fermentation and without

distillation for personal use if the maker of such beverages has

first applied for and possesses a valid personal use permit issued

by the ABLE Commission and the total volume of beer, cider or wine

produced in any given calendar year is less than two hundred (200)

gallons. No beverages made pursuant to a personal use permit shall

be sold or offered for sale.

B. 1. Any duly licensed physician or dentist may possess and

use alcoholic beverages in the strict practice of the profession and

any hospital or other institution caring for sick or diseased

persons may possess and use alcoholic beverages for the treatment of

bona fide patients of such hospital or institution. Any drugstore

employing a licensed pharmacist may possess and use alcoholic

beverages in the preparation of prescriptions of duly licensed

physicians.

2. The possession, transportation and dispensation of wine by

any authorized representative of any church for the conducting of a

bona fide rite or religious ceremony conducted by such church shall

not be prohibited by the Oklahoma Alcoholic Beverage Control Act;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 96

nor shall such act prevent the sale, shipping or delivery of

sacramental wine by any person holding a sacramental wine supplier

license issued pursuant to the Oklahoma Alcoholic Beverage Control

Act to any religious corporation or society of this state holding a

valid exemption from taxation issued pursuant to Section 501(a) of

the Internal Revenue Code, 1954, and listed as an exempt

organization in Section 501(c)(3) of the Internal Revenue Code,

1954, of the United States, as amended.

3. Provided further, that nothing in the Oklahoma Alcoholic

Beverage Control Act shall prevent the possession, transportation

and sale of alcoholic beverages within military reservations and in

accordance with the laws and rules governing such military

reservations, provided that the Oklahoma excise tax has been paid on

such beverages.

C. 1. Except as otherwise authorized by law, it is unlawful

for any brewer, manufacturer, wine and spirits wholesaler, beer

distributor or retailer of alcoholic beverages, located and doing

business from outside this state, to make retail sales of alcoholic

beverages to purchasers located in this state or to ship alcoholic

beverages sold at retail to persons located in this state. Any

person who engages in the sale or shipping of alcoholic beverages in

violation of the provisions of this subsection, upon conviction,

shall be guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is

made to a person under twenty-one (21) years of age, or a

misdemeanor, if the sale or delivery is made to a person twenty-onephysicians, drugstores, churches and military reservations - Restrictions on retail sales and shippingrages in

violation of the provisions of this subsection, upon conviction,

shall be guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is

made to a person under twenty-one (21) years of age, or a

misdemeanor, if the sale or delivery is made to a person twenty-one

(21) years of age or older.

2. The fine for a violation of this subsection shall be not

more than Five Thousand Dollars ($5,000.00).

3. In addition, if the person holds a license issued by the

ABLE Commission, the license shall be revoked pursuant to Section 60

of this act.

D. All brewers, importers, brokers and others who sell beer or

cider to licensed beer distributors in Oklahoma or manufacturers,

importers, brokers and others who sell cider to licensed beer

distributors in Oklahoma, regardless of whether such sales are

consummated within or without the state, must obtain a license, as

the case may be, in order to sell beer or cider intended for

consumption within the State of Oklahoma.
Okla. Stat. tit. 37, § 37-600.5 — OK Code / Title 37 / Section 37-600.5
Renumbered as § 1-229.15 of Title 63 by Laws 2016, c
Status: in_force

366, § 173, eff. Oct. 1, 2018.

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 15
Okla. Stat. tit. 37A, § 37A-3-120 — OK Code / Title 37A / Section 37A-3-120
Business interests prohibited for beverage, beer and
Status: in_force

wine, caterer, public event or bottle club licensees.

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

bottle club licensee, partner in any type of partnership, manager or

member of a limited liability company, officer, director or

stockholder of any corporate licensee owning more than fifteen

percent (15%) of the stock shall have any right, title, lien, claim

or interest, financial or otherwise in, upon or to the premises,

equipment, business or merchandise of any package store, beer

distributor, brewer, manufacturer or wholesaler. The provisions of

this section shall not prohibit a person who is an officer or

director of a fraternal or veteran's organization which is a tax

exempt organization under Section 501(c)(8),(10) or (19) of the

Internal Revenue Code and which holds a license issued by the ABLE

Commission from having a right, title, lien, claim or interest in

the premises, equipment, business or merchandise of a package store.
Okla. Stat. tit. 37A, § 37A-6-101 — OK Code / Title 37A / Section 37A-6-101
Prohibited acts - Violations – Penalties
Status: in_force

A. No person shall:

1. Knowingly sell, deliver or furnish alcoholic beverages to

any person under twenty-one (21) years of age;

2. Sell, deliver or knowingly furnish alcoholic beverages to an

intoxicated person or to any person who has been adjudged insane or

mentally deficient;

3. Open a retail container or consume alcoholic beverages on

the premises of a package store, grocery store, convenience store or

drug store, unless otherwise permitted by law;

4. Import into this state, except as provided for in the

Oklahoma Alcoholic Beverage Control Act, any alcoholic beverages;

provided, that nothing herein shall prohibit the importation or

possession for personal use of not more than one (1) liter of

alcoholic beverages upon which the Oklahoma excise tax is

delinquent;

5. Receive, possess or use any alcoholic beverage in violation

of the provisions of the Oklahoma Alcoholic Beverage Control Act;

6. Knowingly transport into, within or through this state more

than one (1) liter of alcoholic beverages upon which the Oklahoma

excise tax has not been paid unless the person accompanying or in

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 176

charge of the vehicle transporting same shall possess a true copy of

a bill of lading, invoice, manifest or other document particularly

identifying that alcoholic beverages are being transported and

showing the name and address of the consignor and consignee;

provided, this prohibition shall not apply to the first one hundred

eighty (180) liters of alcoholic beverages classified as household

goods by military personnel, age twenty-one (21) or older, when

entering Oklahoma from temporary active assignment outside the

contiguous United States;

7. Knowingly transport in any vehicle upon a public highway,

street or alley any alcoholic beverage except in the original

container which shall not have been opened and the seal upon which

shall not have been broken and from which the original cap or cork

shall not have been removed, unless the opened container be in the

rear trunk or rear compartment, which shall include the spare tire

compartment in a vehicle commonly known as a station wagon and panel

truck, or any outside compartment which is not accessible to the

driver or any other person in the vehicle while it is in motion;

8. Consume spirits in public except on the premises of a

licensee of the ABLE Commission who is authorized to sell or serve

spirits by the individual drink, or be intoxicated in a public

place. This provision shall be cumulative and in addition to

existing law;

9. Forcibly resist lawful arrest, or by physical contact

interfere with an investigation of any infringement of the Oklahoma

Alcoholic Beverage Control Act or with any lawful search or seizure

being made by a law enforcement officer or an employee of the ABLE

Commission, when such person knows or should know that such acts are

being performed by a state, county or municipal officer or employee

of the ABLE Commission;

10. Manufacture, duplicate, counterfeit or in any way imitate

any bottle club membership card required to be issued by the ABLE

Commission without the permission of the ABLE Commission;

11. Consume or possess alcoholic beverages on the licensed

premises of a bottle club unless such person possesses a valid

membership card for that club issued by the club;

12. Knowingly possess any bottle club membership card required

to be issued by the ABLE Commission which has been manufactured,

counterfeited, imitated or in any way duplicated without the

permission of the ABLE Commission; or

13. Knowingly and willfully permit any individual under twenty-

one (21) years of age who is an invitee to the person's residence,

any building, structure or room owned, occupied, leased or otherwise

procured by the person or on any land owned, occupied, leased or

otherwise procured by the person, to possess or consume any

alcoholic beverage as defined by Section 1-103 of this title, any

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 177

controlled dangerous substance as defined in the Uniform Controlled

Dangerous Substances Act, or any combination thereof, in such place.

B. Except as provided for in subsection C of this section,

punishment for violation of paragraph 13 of subsection A of this

section shall be as follows:

1. Any person who is convicted of a violation of the provisions

of paragraph 13 of subsection A of this section shall be deemed

guilty of a misdemeanor for the first offense and be punished by a

fine of not more than Five Hundred Dollars ($500.00) and shall be

required to attend a victims impact panel program as defined in

Section 991a of Title 22 of the Oklahoma Statutes;

2. Any person who, within ten (10) years after previous

convictions of a violation:

a. of paragraph 13 of subsection A of this section,

b. of the provisions of any law of another state

prohibiting the offense provided for in paragraph 13

of subsection A of this section, or

c. in a municipal criminal court of record for the

violation of a municipal ordinance prohibiting the

offense provided for in paragraph 13 of subsection A

of this section,

shall be guilty of a misdemeanor and shall be punished by a fine of

not more than One Thousand Dollars ($1,000.00) and shall be required

to attend a victims impact panel program as defined in Section 991a

of Title 22 of the Oklahoma Statutes;

3. Any person who, within ten (10) years after two or more

previous convictions of a violation:

a. of paragraph 13 of subsection A of this section,

b. of the provisions of any law of another state

prohibiting the offense provided for in paragraph 13

of subsection A of this section, or

c. in a municipal criminal court of record for the

violation of a municipal ordinance prohibiting the

offense provided for in paragraph 13 of subsection A

of this section, or

d. or any combination of two or more thereof,

shall be guilty of a Class D1 felony offense and shall be punished

by a fine of not more than Two Thousand Five Hundred Dollars

($2,500.00), or by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both such fine and imprisonment and shall be required to attend a

victims impact panel program as defined in Section 991a of Title 22

of the Oklahoma Statutes.

C. Any person who violates paragraph 13 of subsection A of this

section, and such actions cause great bodily injury or the death of

a person, shall, in addition to any other penalty provided by law,

be guilty of a Class D1 felony offense, punishable by imprisonment

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 178

as provided for in subsections B through F of Section 20N of Title

21 of the Oklahoma Statutes, a fine of not less than Two Thousand

Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars

($5,000.00), or both such fine and imprisonment and shall be

required to attend a victims impact panel program as defined in

Section 991a of Title 22 of the Oklahoma Statutes.

D. Except as provided in subsection C of Section 6-126 of this

title, any person who shall engage in any of the following and

disturb the peace of any person:

1. In any public place, or in or upon any passenger coach,

streetcar, or in or upon any other vehicle commonly used for the

transportation of passengers, or in or about any depot, platform,

waiting station or room, drink or otherwise consume any intoxicating

liquor unless authorized by the Oklahoma Alcoholic Beverage Control

Act, intoxicating substance or intoxicating compound of any kind, or

inhale glue, paint or other intoxicating substance;

2. Be drunk or intoxicated in any public or private road, or in

any passenger coach, streetcar or any public place or building, or

at any public gathering, from drinking or consuming such

intoxicating liquor, intoxicating substance or intoxicating compound

or from inhalation of glue, paint or other intoxicating substance;

or

3. Be drunk or intoxicated from any cause,

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

be punished by a fine of not less than Ten Dollars ($10.00), nor

more than One Hundred Dollars ($100.00) or by imprisonment for not

less than five (5) days nor more than thirty (30) days or by both

such fine and imprisonment.
Okla. Stat. tit. 37, § 37-600.22 — OK Code / Title 37 / Section 37-600.22
Definitions
Status: in_force

When used in this act:

1. "Adjusted for inflation" means increased in accordance with

the formula for inflation adjustment set forth in Exhibit C to the

Master Settlement Agreement;

2. "Affiliate" means a person who directly or indirectly owns

or controls, is owned or controlled by, or is under common ownership

or control with, another person. Solely for purposes of this

definition, the terms "owns", "is owned" and "ownership" mean

ownership of an equity interest, or the equivalent thereof, of ten

percent (10%) or more, and the term "person" means an individual,

partnership, committee, association, corporation or any other

organization or group of persons;

3. "Allocable share" means allocable share as that term is

defined in the Master Settlement Agreement;

4. "Cigarette" means any product that contains nicotine, is

intended to be burned or heated under ordinary conditions of use,

and consists of or contains:

a. any roll of tobacco wrapped in paper or in any

substance not containing tobacco,

b. tobacco, in any form, that is functional in the

product, which, because of its appearance, the type of

tobacco used in the filler, or its packaging and

labeling, is likely to be offered to, or purchased by,

consumers as a cigarette, or

c. any roll of tobacco wrapped in any substance

containing tobacco which, because of its appearance,

the type of tobacco used in the filler, or its

packaging and labeling, is likely to be offered to, or

purchased by, consumers as a cigarette described in

subparagraph a of this paragraph.

The term "cigarette" includes "roll-your-own" (i.e., any tobacco

which, because of its appearance, type, packaging, or labeling is

suitable for use and likely to be offered to, or purchased by,

consumers as tobacco for making cigarettes). For purposes of this

definition of "cigarette", nine one-hundredths (0.09) of an ounce of

"roll-your-own" tobacco shall constitute one individual "cigarette";

5. "Master Settlement Agreement" means the settlement agreement

and related documents entered into on November 23, 1998, by the

State of Oklahoma and leading United States tobacco product

manufacturers;

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 18

6. "Qualified escrow fund" means an escrow arrangement with a

federally or state-chartered financial institution having no

affiliation with any tobacco product manufacturer and having assets

of at least One Billion Dollars ($1,000,000,000.00) where such

arrangement requires that such financial institution hold the

escrowed funds' principal for the benefit of releasing parties and

prohibits the tobacco product manufacturer placing funds into escrow

from using, accessing or directing the use of the funds' principal

except as consistent with Section 3 of this act;

7. "Released claims" means released claims as that term is

defined in the Master Settlement Agreement;

8. "Releasing parties" means releasing parties as that term is

defined in the Master Settlement Agreement;

9. "Tobacco product manufacturer" means an entity that after

the effective date of this act directly, and not exclusively through

any affiliate:

a. manufactures cigarettes anywhere that such

manufacturer intends to be sold in the United States,

including cigarettes intended to be sold in the United

States through an importer (except where such importer

is an original participating manufacturer, as that

term is defined in the Master Settlement Agreement,

that will be responsible for the payments under the

Master Settlement Agreement with respect to such

cigarettes as a result of the provisions of subsection

II(mm) of the Master Settlement Agreement, and that

pays the taxes specified in subsection II(z) of the

Master Settlement Agreement, and provided that the

manufacturer of such cigarettes does not market or

advertise such cigarettes in the United States),

b. is the first purchaser anywhere for resale in the

United States of cigarettes manufactured anywhere that

the manufacturer does not intend to be sold in the

United States, or

c. becomes a successor of an entity described in

subparagraph a or b.

The term "tobacco product manufacturer" shall not include an

affiliate of a tobacco product manufacturer unless such affiliate

itself falls within any of the provisions of subparagraphs a through

c of this paragraph; and

10. "Units sold" means the number of individual cigarettes sold

in the state by the applicable tobacco product manufacturer, whether

directly or through a distributor, retailer or similar intermediary

or intermediaries, during the year in question, as measured by

excise taxes collected by the state on packs, or "roll-your-own"

tobacco containers, bearing the excise tax stamp of the state. The

Oklahoma Tax Commission shall promulgate such rules as are necessary

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 19

to ascertain the amount of state excise tax paid on the cigarettes

of such tobacco product manufacturer for each year.
Okla. Stat. tit. 37A, § 37A-3-116 — OK Code / Title 37A / Section 37A-3-116
Sale of alcoholic beverages bottled or made in a
Status: in_force

foreign country to licensed wine and spirits wholesalers –

Violations.

A. Any manufacturer or subsidiary of a manufacturer who markets

its products solely through a subsidiary or subsidiaries, a

distiller, rectifier, bottler, winemaker or importer of alcoholic

beverages, bottled or made in a foreign country, either within or

without this state, may sell such brands or kinds of alcoholic

beverages to every licensed wine and spirits wholesaler who desires

to purchase the same, on the same price basis and without

discrimination or inducements, and shall further be required to sell

such beverages only to those persons licensed as wine and spirits

wholesalers.

B. The provisions of subsection A of this section shall not

apply to a brewer except as otherwise stated herein. In the event a

brewer, who has entered into territorial distribution agreements

with beer distributors in this state, markets wine and spirits

products in this state either itself or through a subsidiary or

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 120

affiliate, then such brewer, subsidiary or affiliate may elect to

designate beer distributors, with whom it has entered into

territorial distribution agreements, as its designated wholesalers

for any wine and spirit products to be sold by the brewer,

subsidiary or affiliate within the beer distributors’ existing

territories, provided such beer distributors must also hold a wine

and spirits wholesaler license. In such event, the beer

distributors shall be deemed designated wholesalers for the

territory with respect to the designated products. Provided, in the

event a beer distributor has not obtained a wine and spirits

license, has elected not to sell wine and spirits in its respective

territory or, in the brewer’s commercially reasonable discretion, is

not suitable to sell wine and spirits in its respective territory,

then the brewer, subsidiary or affiliate may extend the territory of

an existing beer distributor, with whom it has entered into a

territorial distribution agreement and who holds a wine and spirits

wholesaler license, for the territory. For purposes of this

subsection only, the phrase “subsidiary or affiliate” shall mean any

entity that the brewer controls, is controlled by, or is under

common control with, during the time that the wine and spirits

brands are offered for sale in this state, and “control” shall mean

ownership of more than fifty percent (50%) of the voting securities

or assets of, or the ability to dictate the material operations of,

another entity. If the brewer, subsidiary or affiliate sells the

wine and spirits brands to a manufacturer other than one that would

otherwise fall within the provisions of this subsection, then the

rights provided in this subsection which relate to the wine and

spirits brands shall terminate. The rights provided to beer

distributors pursuant to Section 3-111 of this title shall not be

extended to apply to the wine or spirits brands distributed pursuant

to this subsection.

C. No manufacturer shall require a wine and spirits wholesaler

to purchase any alcoholic beverages or any goods, wares or

merchandise as a condition to the wine and spirits wholesaler

obtaining or being entitled to purchase any alcoholic beverages.

Violation of this section shall be a misdemeanor. Conviction

hereunder shall automatically revoke the violator’s license.

D. In the event a manufacturer or nonresident seller has not

designated a designated wholesaler to sell its products in the

state, the nondesignated products shall be posted in accordance with

the following:

1. On the first business day of each month, the manufacturer

shall post with the ABLE Commission the price of all wine and

spirits it proposes to offer for sale to licensed wine and spirit

wholesalers in this state. All prices shall become effective on the

first business day of the following month and shall remain in effect

and unchanged for a period of not less than one (1) month. The

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 121

posting shall be submitted on a form approved by the ABLE Commission

and shall identify the brand, size, alcohol content and price of

each item intended to be offered for sale. No change or

modification of the posted price shall be permitted except upon

written permission from the ABLE Commission based on good cause

shown;

2. When a new item is registered, or an old item is

discontinued, or any change is made by a manufacturer or nonresident

seller as to price, age, proof, label or type of bottle of any item

offered for sale in this state, such new item, discontinued item or

change in price, age, proof, label or type of bottle of any item

shall be listed separately on the cover page of the price schedule

and, in the case of prices changed, shall reflect both the old and

the new price of the item changed. All new items and changes as to

age, proof, label or type of bottle in which any item is offered for

sale shall first be submitted in writing to the ABLE Commission for

approval under such requirements as it may deem proper. Approval or

disapproval of price changes shall not be required if filed in

conformity with the provisions of this subsection.

a. In addition to the foregoing requirements, the

manufacturer shall, at the same time, on regular forms

provided by the ABLE Commission, re-register all items

of alcoholic beverage which the manufacturer had

registered and offered for sale in this state during

the previous price period.

b. A short form of price posting may be permitted by the

ABLE Commission for any price period in which no new

item is offered or old item discontinued, or change is

made in the price, age, proof, label or type of bottle

of any item offered by any manufacturer. Such short

form shall contain only such statements as the

Director may require or permit;

3. The brand name, size, proof and type of alcoholic beverages

must be shown on each container sold in this state;

4. No brand of alcoholic beverage shall be listed on a price

list or posting in more than one place, or offered for sale by more

than one method, or at more than one price, except as provided

hereafter:

a. a manufacturer who has posted F.O.B. prices from a

foreign shipping point shall also list the same

item(s) at an F.O.B. point within the continental

United States. Only one United States F.O.B. point

shall be permitted, and

b. a manufacturer may list on their price list or posting

an item of specific size that may be packaged in more

than one type or design container, provided that the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 122

containers being offered have been approved by the

ABLE Commission;

5. The manufacturer shall sell to the wine and spirits

wholesalers all items of wine and spirits at the current posted

price in effect on the date of the shipment as shown on the

manifest, bill of lading or invoice;

6. A full and correct copy of each such price registration

shall be transmitted to wine and spirits wholesalers on the same day

such prices are filed with or mailed to the ABLE Commission. Proof

of such mailing or delivery shall be furnished the ABLE Commission

by the manufacturer with the price registration or upon request;

7. The sale, or offer to sell, of any item of alcoholic

beverage by a manufacturer to a wine and spirits wholesaler at a

price not in compliance with the price posted with the ABLE

Commission may be deemed a violation; and

8. This subsection shall not apply to a manufacturer that has

designated a wine and spirits wholesaler to sell its product in the

state or a brewer who has appointed a beer distributor as a

designated wholesaler pursuant to subsection B of this section, with

respect to designated products.

E. Every wine and spirits wholesaler is authorized:

1. To ship orders to retailers non-sequentially; and

2. To fill orders non-sequentially only on products that have

been designated as being in short supply.

As used in this subsection, “short supply” means those

individual brand labels of alcoholic beverages normally supplied by

the manufacturer or manufacturers that, for whatever reason, lack

sufficient supply to fully satisfy the demand of the Oklahoma retail

and/or on-premises market.

F. Upon the manufacturer notifying the wholesalers of products

designated as short supply, the wholesaler shall also then notify

the ABLE Commission as soon as practical.

G. The ABLE Commission shall publish a list of every product

designated as short supply by the Director on its website every

thirty (30) days. After thirty (30) days, the wholesaler shall send

an updated notice to the ABLE Commission if the product or products

are in short supply. The ABLE Commission shall remove those

products if notification is not received. These activities shall

not constitute a violation of this title or any rule promulgated

under this title.
Okla. Stat. tit. 37, § 37-600.7 — OK Code / Title 37 / Section 37-600.7
Renumbered as § 1-229.17 of Title 63 by Laws 2016, c
Status: in_force

366, § 175, eff. Oct. 1, 2018.
Okla. Stat. tit. 37, § 37-605 — OK Code / Title 37 / Section 37-605
Renumbered as § 1-229.31 of Title 63 by Laws 2016, c. 366,
Status: in_force

§ 192, eff. Oct. 1, 2018.

Oklahoma Statutes - Title 37. Intoxicating Liquors Page 23
Okla. Stat. tit. 37A, § 37A-2-121 — OK Code / Title 37A / Section 37A-2-121
Employee license
Status: in_force

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 55

A. An employee license shall authorize the holder thereof to

work in a licensed package store, retail spirits, retail wine or

retail beer establishment, brewpub, mixed beverage establishment,

beer and wine establishment, bottle club, public event or any

establishment where alcohol or alcoholic beverages are sold, mixed

or served. Persons employed by a mixed beverage, on-premises beer

and wine, retail wine, retail beer, public event or a bottle club

licensee who do not participate in the service, mixing or sale of

mixed beverages shall not be required to have an employee license.

Provided, however, that a manager employed by a mixed beverage

licensee, public event licensee or a bottle club shall be required

to have an employee license whether or not the manager participates

in the service, mixing or sale of mixed beverages. Applicants for

an employee license shall be at least eighteen (18) years of age,

except for applicants employed by a grocery store or convenience

store who shall be at least sixteen (16) years of age, and have a

health card issued by the county in which they are employed, if the

county issues such a card. Provided, the provisions of this section

shall not be construed to permit any person under twenty-one (21)

years of age to be employed to sell spirits; however, individuals

eighteen (18) years of age and older may open and serve beer and

wine from their original containers or serve beer, wine, and spirits

from a shaker tin that has been premade and mixed by an employee who

is at least twenty-one (21) years of age. Employees of a special

event, caterer, unless catering a mixed beverage-licensed premises,

or airline/railroad beverage licensees shall not be required to

obtain an employee license; further, employees of beer distributors

and other licensees holding licenses issued by the ABLE Commission

shall not be required to obtain an employee license if such employee

only sells alcohol or alcoholic beverages to establishments holding

licenses issued by the ABLE Commission and not to the public.

Persons employed by a hotel licensee who participate in the stocking

of hotel room mini-bars or in the handling of alcoholic beverages to

be placed in such devices shall be required to have an employee

license. As a prerequisite to the issuance of an employee license,

not later than fourteen (14) days after initial licensure, the

first-time applicant shall be required to have successfully

completed a training program conducted by the ABLE Commission, or by

another entity approved by the ABLE Commission including an in-house

training program conducted by the employer. Proof of training

completion shall be made available for inspection by the ABLE

Commission at the business location employing the licensee. The

failure of an employee licensee to comply with this section may

constitute a revocable offense.

B. In the event the ABLE Commission denies an application for

an employee license, the Commission shall provide written notice to

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 56

the applicant's employer, if any. The notice shall be given at the

time notice is provided to the applicant.
Okla. Stat. tit. 37A, § 37A-6-130.1 — OK Code / Title 37A / Section 37A-6-130.1
Actions of employees not attributable to a licensed
Status: in_force

establishment — Affirmative defense.

A. Certain actions of an employee are not attributable to an

establishment licensed by the Alcoholic Beverage Laws Enforcement

(ABLE) Commission and shall be an affirmative defense to such

liability when such licensed establishment receives a notice of

violation for certain actions of an employee.

B. The following actions of an employee of a licensed

establishment are not attributable to the licensed establishment:

1. The selling, furnishing, or giving of an alcoholic beverage

to:

a. a person who is insane or mentally deficient,

b. a minor, or

c. an intoxicated person; or

2. Allowing the consumption of an alcoholic beverage by:

a. a person who is insane or mentally deficient,

b. a minor, or

c. an intoxicated person.

C. A licensed establishment may assert the affirmative defense

if the licensed establishment:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 206

1. Required all employees to maintain a currently valid

employee license from the ABLE Commission;

2. Required each employee to present a seller-server training

certificate within fourteen (14) days of his or her initial

employment date, unless the employee is deemed exempt by an existing

statute and required each employee to attend a seller-server

training course every two (2) years upon renewal of the employee

license and attend a seller-server training course every two (2)

years after the initial employment date, unless an employee is

exempt pursuant to Section 2-121 of Title 37A of the Oklahoma

Statutes;

3. Adopted written policies and procedures which prohibit:

a. the sale, service, dispensation, or delivery of an

alcoholic beverage to:

(1) a person who is insane or mentally deficient,

(2) a minor, or

(3) an intoxicated person, or

b. the employee from allowing consumption of an alcoholic

beverage by:

(1) a person who is insane or mentally deficient,

(2) a minor, or

(3) an intoxicated person; and

4. Ensured that all employees have read and understood the

required policies as provided in paragraph 3 of this subsection by

having an acknowledgment of understanding by the employee in

writing. Such acknowledgment shall be kept for record by the

licensed establishment for at least one (1) year after the date the

employee was terminated.

D. A licensed establishment asserting the affirmative defense

under this act shall provide to the ABLE Commission, not later than

ten (10) days after receipt of an administrative notice of

violation, an affidavit indicating that the licensed establishment

was in compliance with the requirements of this act at the time of

the violation for which the administrative notice was issued, which

shall include a copy of the valid employee license held by the

employee who committed the alleged violation, a copy of the current

training certificate held by that employee, and a signed copy of

acknowledgment of receipt of policies by the employee. At a hearing

in which the licensed establishment asserts the affirmative defense

created by this act, the licensed establishment may be required to

present additional evidence to support such defense.

E. When an employee does not possess a currently valid employee

license from the ABLE Commission, the action of the employee shall

be attributable to the licensed establishment.

F. Proof by the ABLE Commission that an employee performed an

action described in this act on three or more occasions within a

twelve-month period shall create a rebuttable presumption that a

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 207

licensed establishment has indirectly encouraged a violation of the

law pursuant to this act. The rebuttable presumption is created

regardless of whether the employee performing the action described

in this subsection on a second or subsequent occasion is the same

employee who performed the initial action. Proof of violation shall

be demonstrated by:

1. Producing final orders issued by the ABLE Commission or a

court of competent jurisdiction finding that the licensed

establishment violated this act on two previous occasions; and

2. Establishing a prima facie case that an employee of the

licensed establishment violated this act on a third or subsequent

occasion.

G. Proof of violation of this act shall be for the same type of

offense and shall have occurred within a twelve-month period, as

calculated from the dates the incidents occurred.

H. At a hearing in which the licensed establishment asserts the

affirmative defense established in this act, the ABLE Commission may

present evidence to establish a rebuttable presumption under this

act. If the evidence is sufficient to establish a prima facie case,

the burden of persuasion in the proceeding shifts to the licensed

establishment to show that it has not indirectly encouraged a

violation of the law within the meaning of this act.

I. Nothing in this act shall be construed to establish

exclusive means by which the ABLE Commission may establish that a

licensed establishment has indirectly encouraged a violation of this

act.
Okla. Stat. tit. 37A, § 37A-5-124 — OK Code / Title 37A / Section 37A-5-124
Bond required for manufacturers, brewers, importers,
Status: in_force

brokers and others.

Every manufacturer, brewer, importer, broker or other who sells

alcoholic beverages to a wine and spirits wholesaler, or beer

distributor in Oklahoma, after having been issued a license by the

ABLE Commission, shall, before manufacturing, purchasing or selling

any alcoholic beverage within this state, file with the Oklahoma Tax

Commission a bond issued by a surety company authorized to transact

business in this state, in such amount as the Tax Commission may

fix, but which shall be at least equal to the estimated amount of

the tax liability of such licensee for a three-month period, to

secure the payment of all excise taxes due from sales of alcoholic

beverages to a wholesaler, or beer distributor, under the provisions

of the Oklahoma Alcoholic Beverage Control Act. Provided, the

amount of the bond for every wholesaler or beer distributor shall be

not less than One Thousand Dollars ($1,000.00). Such bonds shall be

payable to the State of Oklahoma and conditioned upon compliance

with the excise tax provisions of the Oklahoma Alcoholic Beverage

Control Act and the rules of the Tax Commission relating thereto.

In lieu of such surety bond, any such manufacturer, brewer, wine and

spirits wholesaler, or beer distributor, may deposit cash or

negotiable securities, approved by the Tax Commission, in such

amount as it may prescribe.
Okla. Stat. tit. 37A, § 37A-4-105 — OK Code / Title 37A / Section 37A-4-105
County occupational tax
Status: in_force

Counties 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 or as

a bottle club, within their respective jurisdictions and not located

in a municipality levying an occupation tax as provided by Section

4-104 of this title, not to exceed the state license fee for such

licensees; provided, the tax shall be levied only by the county in

which such licensee has its principal place of business. All

revenues derived from any such annual occupational tax shall be

deposited in the general revenue fund of the county. This section

shall not give any county any right to determine or regulate the

issuance of any license, except as specifically provided for in this

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 144

section, as the ABLE Commission shall have exclusive authority as to

issuance and regulations of licenses. No county 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 act with any other mixed beverage, beer and wine, caterer,

public event or special event licensee or bottle club solely because

such other party has failed to pay any occupational tax due under

this section.

Counties 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,

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-6-111 — OK Code / Title 37A / Section 37A-6-111
Authority to remove persons while making arrests
Status: in_force

An agent, inspector or any peace officer while making arrests

incidental to investigating violations of state law may remove from

licensed premises and adjacent areas customers, employees and those

individuals who may pose a threat to public safety or a threat to

the safety of agents, inspectors or peace officers for the period of

time necessary to effect the arrests and complete the pending

investigation.
Okla. Stat. tit. 37A, § 37A-2-142 — OK Code / Title 37A / Section 37A-2-142
Information to be furnished by license applicants
Status: in_force

A. No license provided for in the Oklahoma Alcoholic Beverage

Control Act shall be issued except pursuant to an application filed

with the ABLE Commission. The ABLE Commission may, however, provide

for a form of simplified application for renewal of a license.

Payment of the prescribed fee shall accompany each application for a

license.

B. Every applicant for an original license, except applicants

for an employee, charitable event, special event or airline/railroad

beverage license, shall also furnish the following:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 71

1. A tax receipt proving payment of ad valorem taxes, including

real and personal taxes, or furnish to the ABLE Commission

satisfactory evidence that no taxes are due or delinquent;

2. A certificate of zoning issued by the municipality in which

the applicant proposes to locate the applicant's principal place of

business under the license, or by the county if the principal place

of business is located outside the incorporated limits of a

municipality, certifying that the applicant's proposed location and

use thereof comply with all municipal zoning ordinances or county

zoning regulations if applicable;

3. A certificate issued by the municipality in which the

applicant proposes to locate the applicant's principal place of

business under the license, or by the county if the principal place

of business is located outside the incorporated limits of a

municipality, certifying that the applicant's existing or proposed

operations under the license comply with all municipal or county

fire codes, safety codes, or health codes, if applicable;

4. Authorization, on forms furnished by the ABLE Commission,

for complete investigation of the applicant's current financial

status as it relates to the application for a license, including but

not limited to access to bank accounts, loan agreements and

financial statements;

5. A deed, management agreement, purchasing agreement or lease;

and

6. Proof of liability insurance covering both bodily injury and

property damage.

C. The certificates required by paragraphs 2 and 3 of

subsection B of this section shall be signed by the mayor of the

municipality or the chair of the board of county commissioners

issuing same, unless the municipality, by ordinance, or the county

designates some other officer or entity to issue the certificates.

Applications for such certificates shall be in writing and shall

contain information in such detail as the municipality or county may

reasonably require describing the location and nature of operations

to be conducted under the license. Municipalities and counties

shall be required to act on all applications for such certificates

within twenty (20) days of receipt of the written application.

D. Municipalities and counties may grant conditional

certificates for premises proposed for licensed operations for which

construction, modification or alteration is not completed.

Conditional certificates shall indicate that the proposed premises

will comply with the municipal or county zoning, fire, safety and

health codes. The granting of conditional certificates shall not

relieve the applicant of the duty of obtaining the certificates

required by paragraphs 2 and 3 of subsection B of this section after

completion of the construction, modification, or alteration.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 72

E. A municipality or county shall issue the certificates

required by paragraphs 2 and 3 of subsection B of this section

within ten (10) days after all final inspections are completed.

Thereafter if a licensee fails to maintain compliance with

municipal or county zoning ordinances and codes, the mayor or chair

of the board of county commissioners or their designee, shall

forthwith notify the ABLE Commission in writing setting forth

details of the noncompliance.

F. Within ten (10) days of the receipt of all information

required in subsections B through E of this section, the ABLE

Commission shall notify the applicant in writing of any deficiencies

in the application with a description of what actions need to be

taken to cure the deficiencies. The applicant shall then have a

reasonable period of time to provide the additional information

sufficient to complete the application. Upon a completed

application, the ABLE Commission shall issue or deny the license

within twenty (20) days of the applicant's final submission. The

ABLE Commission's denial of issuance of a license shall be in

writing and shall state with specificity the reasons for the denial.

G. Upon issuance of any license, the ABLE Commission shall

furnish the Oklahoma Tax Commission with a list of such licenses.

H. In the event of denial of an application for a license, the

ABLE Commission shall refund to the applicant the amount of the

tendered fee, less ten percent (10%), which it shall retain as cost

of processing the application.

I. Any licensee, except an employee licensee, who fails to

renew the license prior to the expiration date of the license, shall

be subject to a late renewal penalty as provided by rules of the

ABLE Commission. Further, any licensee, except an employee

licensee, who fails to renew the license within sixty (60) days of

the expiration of the license shall be required to submit a new

license application. An employee licensee who fails to renew prior

to the expiration of the license shall be required to submit a new

license application; provided, however, that under no circumstances

shall any licensee, including an employee licensee, whose license to

serve or sell alcoholic beverages has expired, continue to serve or

sell alcoholic beverages.

J. The requirements in this section shall be required for a

public event license applicant, except for those certificates

required by paragraphs 2 and 3 of subsection B of this section as

the events are temporary in nature and the locations are not

permanently licensed.
Okla. Stat. tit. 37A, § 37A-2-106 — OK Code / Title 37A / Section 37A-2-106
Rectifier license
Status: in_force

A rectifier license shall authorize the holder thereof:

1. To rectify spirits and wines and to bottle, package and

store same on the licensed premises;

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

wholesalers and manufacturers only;

3. To sell spirits and wines out of this state to qualified

persons;

4. To purchase from licensed manufacturers in this state; and

5. To import into this state for manufacturing purposes spirits

and wines in accordance with federal laws and regulations.
Okla. Stat. tit. 37A, § 37A-2-152 — OK Code / Title 37A / Section 37A-2-152
Appeal from order of Commission - District court appeal
Status: in_force

- Supreme Court appeal.

Within thirty (30) days after a final order of the ABLE

Commission, pursuant to a hearing as provided in Section 62 of this

act, an applicant or licensee may appeal from the order of the ABLE

Commission to the district court of the county in which the premises

licensed or sought to be licensed are located. At the time of

filing such an appeal, the party appealing shall give bond for costs

assessed against such party. The appeal shall be taken by filing

with the clerk of the district court of the proper county a written

notice stating that the party appeals from the action of the ABLE

Commission and stating the pertinent grounds on which the appeal is

founded. Such appeal shall consist of a hearing and review of the

record only as set forth in the Administrative Procedures Act. The

district court may affirm, reverse or modify the order of the ABLE

Commission and shall issue its order within sixty (60) days after

the appeal is heard. Appeals may be taken from a final order of the

district court to the Supreme Court by the applicant, licensee or by

the ABLE Commission. The ABLE Commission shall not be required to

give bond on appeal. The licensee may file a supersedeas bond in an

amount to be fixed by the ABLE Commission staying the order until

the final determination of all issues on an appeal but the order of

the ABLE Commission may not be stayed unless ordered by the judge of

the district court. Permission to stay the order of the ABLE

Commission shall not be granted by any court unless an application

therefor be made in the written notice of the applicant's or

licensee's intention to appeal from the order of the ABLE

Commission, and then only after a hearing before the court upon

notice to both parties wherein the court determines by a

preponderance of the evidence that in denying a license or in

ordering the suspension or a revocation of a license, the ABLE

Commission acted without legal cause or upon insufficient evidence.

Provided, that in all cases where the order of the ABLE Commission

is stayed by a supersedeas bond and the licensee is unsuccessful in

the appeal, and the action of the ABLE Commission becomes final,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 86

such bond shall be forfeited to the State of Oklahoma by the court

considering such appeal if the court finds that the appeal was

frivolous or was filed for the purpose of delaying the effect of the

order. In such event, the Attorney General shall commence legal

proceedings in the name of the State of Oklahoma to recover the

amount of the bond, which money shall be placed to the credit of the

General Revenue Fund of the state.
Okla. Stat. tit. 37A, § 37A-6-125 — OK Code / Title 37A / Section 37A-6-125
Violations of Act with no specific penalty – Penalties
Status: in_force

A. Any person who shall violate any provision of the Oklahoma

Alcoholic Beverage Control Act for which no specific penalty is

prescribed shall be guilty of a misdemeanor and be fined not more

than Five Hundred Dollars ($500.00), or imprisoned in the county

jail for not more than six (6) months, or by both such fine and

imprisonment.

B. Provided, however, notwithstanding any provision of law to

the contrary, any offense, including traffic offenses, in violation

of any of the provisions of the Oklahoma Alcoholic Beverage Control

Act which is not otherwise punishable by a term of imprisonment or

confinement shall be punishable by a term of imprisonment not to

exceed one day in the discretion of the court, in addition to any

fine prescribed by law.
Okla. Stat. tit. 37A, § 37A-2-127 — OK Code / Title 37A / Section 37A-2-127
Sacramental wine supplier license
Status: in_force

A sacramental wine supplier license shall authorize the holder

thereof to sell, ship or deliver sacramental wine to any religious

corporation or society of this state holding a valid exemption from

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 59

taxation issued pursuant to Section 501(a) of the Internal Revenue

Code, 1986, and listed as an exempt organization in Section

501(c)(3) of the Internal Revenue Code, 1986, of the United States,

as amended.
Okla. Stat. tit. 37A, § 37A-2-147 — OK Code / Title 37A / Section 37A-2-147
Grounds to deny mixed beverage, beer and wine, bottle
Status: in_force

club, public event, caterer, retail wine or retail beer license.

A. The ABLE Commission shall refuse to issue a mixed beverage,

beer and wine, bottle club, public event, caterer, retail wine or

retail beer license, either on an original application or a renewal

application, if it has reasonable grounds to believe and finds any

of the following to be true:

1. That the applicant, in the case of a natural person, is

under twenty-one (21) years of age;

2. That the applicant, in the case of a corporation, has a

stockholder who owns fifteen percent (15%) or more of the stock, an

officer, or a director who is under twenty-one (21) years of age;

3. That the applicant, in the case of any type of partnership,

has any partner who is under twenty-one (21) years of age;

4. That the applicant, in the case of a limited liability

company, has a manager or member who is under twenty-one (21) years

of age;

5. That the applicant or any type of partner has been convicted

of a felony within fifteen (15) years prior to the application date;

6. That the applicant, in the case of a corporation, has a

stockholder owning fifteen percent (15%) of the stock, an officer or

a director who has been convicted of a felony within fifteen (15)

years prior to the application date;

7. That the applicant, in the case of a limited liability

company, has a manager or a member who has been convicted of a

felony within fifteen (15) years prior to the application date, and

such manager or member has an ownership interest greater than fifty

percent (50%);

8. That the applicant has made false statements to the ABLE

Commission;

9. That the applicant is not the legitimate owner of the

business for which a license is sought or that other persons have

undisclosed ownership interests in the business;

10. That the applicant or any partner, within twelve (12)

months after being issued a license, either on an original

application or a renewal application, has violated any provision of

the Oklahoma Alcoholic Beverage Control Act or rule of the ABLE

Commission promulgated pursuant hereto. Provided, however, that if

the ABLE Commission, during the twelve-month period, has suspended

any license sought to be renewed, such renewal application may be

approved if the term of the suspension has been completed and the

applicant has complied with any special conditions imposed in

connection with the suspension;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 80

11. That the applicant is not the real party in interest, or

intends to carry on the business authorized by the license as the

agent of another;

12. That the applicant is a person who appoints or is a law

enforcement official or is an employee of the ABLE Commission;

13. That the applicant does not own or have a written lease for

the premises for which a license is sought; or

14. That the applicant or any partner, spouse, employee or

other person affiliated with the applicant is not in compliance with

the tax laws of this state as required in Article XXVIIIA of the

Oklahoma Constitution.

B. 1. The ABLE Commission may refuse to issue a mixed

beverage, beer and wine, bottle club, public event or caterer

license, either on an original application or a renewal application,

if it has reasonable grounds to believe and finds any of the

following to be true:

a. that the applicant or any type of partner has been

convicted of a felony described in paragraph 2 of this

subsection,

b. that the applicant, in the case of a corporation, has

a stockholder owning fifteen percent (15%) of the

stock, an officer or a director who has been convicted

of a felony described in paragraph 2 of this

subsection, and

c. that the applicant, in the case of a limited liability

company, has a manager or a member who has been

convicted of a felony within twenty-five (25) years

prior to the application date, who has been convicted

of a felony described in paragraph 2 of this

subsection.

2. The provisions of this section shall apply to the following

felony offenses:

a. an alcohol-related offense,

b. a violent crime as defined in Section 142A-1 of Title

21 of the Oklahoma Statutes, or

c. a crime which would subject a person to registration

pursuant to the Sex Offenders Registration Act.
Okla. Stat. tit. 37A, § 37A-2-155 — OK Code / Title 37A / Section 37A-2-155
Sale or transfer of financial interest in a licensed
Status: in_force

premises by mixed beverage or on-premises beer and wine licensees.

A. If a mixed beverage licensee sells or otherwise transfers

the licensee's financial interest in a licensed premises to another

party who obtains a mixed beverage license for the premises, any

alcoholic beverages on the premises may be transferred to the new

licensee. Provided, if the premises are not in continuous operation

as a mixed beverage establishment prior to and during the transfer

of financial interest in the premises, the transfer of alcoholic

beverages shall be limited to alcoholic beverages in the original

container which have not been opened and which have not had the seal

broken and the original cap or cork removed.

B. If an on-premises beer and wine licensee sells or otherwise

transfers the licensee's financial interest in a licensed premises

to another party who obtains an on-premises beer and wine license

for the premises, any beer and wine on the premises may be

transferred to the new licensee. Provided, if the premises are not

in continuous operation as a beer and wine establishment prior to

and during the transfer of financial interest in the premises, the

transfer of beer and wine shall be limited to beer and wine in the

original containers which have not been opened and which have not

had the seal broken and the original cap or cork removed.

C. There shall be no liability on the part of, and no cause of

action of any nature shall arise against the ABLE Commission for the

contents of any alcoholic beverages transferred pursuant to the

provisions of this section.
Okla. Stat. tit. 37A, § 37A-2-136 — OK Code / Title 37A / Section 37A-2-136
Manufacturer's agent license
Status: in_force

A manufacturer's agent license shall authorize the holder

thereof to represent only the holders of a manufacturer's license or

nonresident seller license and to solicit and take orders for the

sale of wine and spirits for the purpose of resale. No such license

shall be issued to any person until it shall have been shown to the

satisfaction of the ABLE Commission that the applicant has been duly

authorized to act as the agent of the principal he or she proposes

to represent, and that the principal or principals he or she

proposes to represent has been duly authorized to do business in the

State of Oklahoma, and has appointed a service agent in this state.

No applicant for a manufacturer's agent license shall also hold an

agent license. It shall be unlawful for any person other than the

holder of a manufacturer's agent license or an agent license to

solicit or take orders in the state from a wine and spirits

wholesaler.
Okla. Stat. tit. 37A, § 37A-2-104 — OK Code / Title 37A / Section 37A-2-104
Winemaker license
Status: in_force

A winemaker license shall authorize the holder thereof:

1. To manufacture (including such mixing, blending and cellar

treatment as authorized by federal law), bottle, package and store

on licensed premises wine containing not more than twenty-four

percent (24%) alcohol by volume, provided the bottle or package

sizes authorized shall be limited to the capacities approved by the

United States Alcohol and Tobacco Tax and Trade Bureau;

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

manufacturers;

3. To sell wine produced at the winery from grapes and other

fruits and berries grown in this state, if available, for either on-

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

the winery;

4. To serve free samples of wine produced at the winery to

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

this section, no visitor may sample more than a total of six (6)

fluid ounces of wine per day. The winery shall restrict the

distribution and consumption of wine samples to an area within the

licensed premises designated by the winery. A current floor plan

that includes the designated sampling area shall be on file with the

ABLE Commission. No visitor under twenty-one (21) years of age

shall be permitted to enter the designated sampling area when

samples are being distributed and consumed. Samples of wine served

by a winery under this section shall not be considered a sale of

wine within the meaning of Article XXVIII-A of the Oklahoma

Constitution or Section 1-103 of this title; provided, such samples

of wine shall be considered removed or withdrawn from the winery for

use or consumption within the meaning of Section 5-110 of this title

for excise tax determination and reporting requirements;

5. To serve free samples of wine produced at the winery at

public events such as festivals and trade shows;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 36

6. To sell wine produced at the winery, for either on-premises

or off-premises consumption at public events such as festivals and

trade shows;

7. To sell wine out of this state to qualified persons;

8. To purchase from licensed winemakers, distillers and

rectifiers in this state, and to import into this state wine, brandy

and fruit spirits for use in manufacturing in accordance with

federal laws and regulations;

9. To sell and serve Oklahoma-manufactured wine, mulled wine,

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

as water, sugar, fruits and vegetables, at any temperature for

either on-premises or off-premises consumption;

10. 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;

11. To sell, offer for sale and possess beer for on-premises

consumption; and

12. To establish satellite tasting rooms as defined and

authorized in this act where 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 or winemaker license is

active and in good standing. The wine sold at a satellite tasting

room must have been produced/manufactured by the holder of a small

farm winery license or winemaker license and must have all

manufacturing taxes paid.
Okla. Stat. tit. 37A, § 37A-5-120 — OK Code / Title 37A / Section 37A-5-120
Licensees required to keep books and records
Status: in_force

All licensees under the Oklahoma Alcoholic Beverage Control Act

shall keep books and records with regard to alcoholic beverages

which shall contain such information and itemization thereof as the

ABLE Commission may prescribe by rule. All books, records,

inventories, invoices and other accounting documents required by the

Oklahoma Alcoholic Beverage Control Act shall be kept for three (3)

years and shall at all times be available for inspection by duly

authorized representatives of the ABLE Commission or the Oklahoma

Tax Commission.
Okla. Stat. tit. 37A, § 37A-2-108 — OK Code / Title 37A / Section 37A-2-108
Beer distributor license
Status: in_force

A. A beer distributor license shall authorize the holder

thereof:

1. To purchase and import into this state cider from persons

authorized to sell the same who are the holders of manufacturer's

licenses, and their agents who are the holders of manufacturer's

agent licenses;

2. To purchase and import into this state beer or cider from

persons authorized to sell the same who are the holders of brewer's

or small brewer's licenses;

3. To purchase beer and cider from licensed beer distributors

in this state;

4. To sell in retail containers to retailers, on-premises beer

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

hotel beverage and airline/railroad beverage licensees or any other

licensee permitted to sell beer to consumers in this state, beer and

cider which has been received, unloaded and stored at the holder's

self-owned or leased and self-operated warehouses before such sale,

unless otherwise permitted by this section;

5. To sell beer and cider in this state to beer distributors

and out of this state to qualified persons, including federal

instrumentalities and voluntary associations of military personnel

on federal enclaves in this state over which this state has ceded

jurisdiction;

6. To donate beer and cider to organizations, associations or

nonprofit corporations organized for political, fraternal,

charitable, religious or social purposes or to charitable events;

. To transport wine, spirits, beer and cider in vehicles owned,

leased or operated by the beer distributor, a subsidiary of the beer

distributor, or its agent, in addition to any nonalcoholic items.

Provided, if the beer distributor transports wine and spirits, a

valid wine and spirits wholesaler license must be maintained by the

beer distributor or affiliated entity having common ownership with

the licensed beer distributor; and

8. To store alcoholic beverages of any kind, including wine and

spirits owned by a licensed affiliated entity having common

ownership, nonalcoholic beverages, and other goods, wares, and

merchandise related to the foregoing, in any number of warehouses

owned or leased by the beer distributor as determined by the beer

distributor. Provided, however, the storage of wine and spirits

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 40

shall comply with the limitations to the number of warehouses

contained in Section 2-107 of this title. There shall be no

obligation to segregate the products in the warehouse by alcohol

content or type of product. For purposes of this section, a leased

warehouse includes a leased space within a multi-tenant building as

long as such leased space is a discrete, enclosed area operated and

controlled exclusively by the beer distributor.

B. In the event that no in-state beer distributor for a

particular brewer or manufacturer is willing to deliver beer or

cider to a county or counties located within the state, the ABLE

Commission may grant an economic hardship exemption to an out-of-

state beer distributor for a particular brewer and waive the at-rest

requirement set forth in this section, upon a good-faith showing

that:

1. It is economically infeasible or impractical for an in-state

beer distributor for a particular brewer to deliver to the county or

counties due to remoteness, or population, or both;

2. No in-state beer distributor of a particular brewer or

manufacturer objects to the waiver within thirty (30) days of

receiving written notice of the economic hardship application sent

by the ABLE Commission; and

3. The out-of-state beer distributor agrees to pay all

necessary licensing fees and remit all applicable taxes to the State

of Oklahoma.

C. The economic hardship exemption provided for in subsection B

of this section shall renew annually, provided that no in-state beer

distributor for a particular brewer or manufacturer submits an

executed distribution agreement to assume responsibility to

distribute the beer in the subject county or counties at least sixty

(60) days prior to the renewal date of the exemption. The in-state

beer distributor who has executed a distribution agreement to assume

responsibility to distribute beer in the subject territory shall

compensate the out-of-state distributor the fair market value of the

distribution rights of the territory as determined pursuant to

Section 3-108 of this title.

D. Provided, nothing in this section shall require an Oklahoma

licensed beer distributor with an Oklahoma designated territory on

the effective date of this act to meet the hardship provisions in

subsections B and C of this section to continue to operate as a

licensed Oklahoma beer distributor.
Okla. Stat. tit. 37A, § 37A-2-132 — OK Code / Title 37A / Section 37A-2-132
Brewpub license - Brewpub self-distribution license
Status: in_force

A. A brewpub license shall authorize a small brewer to:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 63

1. Manufacture, bottle, package and store beer on the licensed

premises;

2. Sell beer produced by the licensee for either on-premises or

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

premises located contiguous thereto;

3. Sell beer at public events such as trade shows or festivals;

4. Also hold a mixed beverage license, beer and wine license or

caterer's license; and

5. Hold a brewpub self-distribution license.

B. A brewpub self-distribution license shall authorize holders

of a brewpub license to distribute beer produced only by such

licensee and operated by an entity which has common owners with such

brewpub licensee, regardless of which place of business brews the

beverage. "Common owners" means that the owners at each place or

entity together own more than fifty percent (50%) of the interest in

each place or entity that holds a type of license listed in this

subsection.
Okla. Stat. tit. 37A, § 37A-2-154 — OK Code / Title 37A / Section 37A-2-154
Display of license
Status: in_force

All licenses issued pursuant to the provisions of the Oklahoma

Alcoholic Beverage Control Act shall be displayed in a conspicuous

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 87

place at all times on the licensed premises. No licensee may

consent to or allow the use or display of the license by a person

other than the person to whom the license was issued. No person may

use a license or exercise any privileges granted by the license

except at the place, address, premises or location for which the

license is issued, except as otherwise provided by the Oklahoma

Alcoholic Beverage Control Act.

If the mixed beverage, caterer, public event or bottle club

license for a licensed premises is suspended or revoked by the ABLE

Commission, all other licenses issued by the ABLE Commission for

such premises shall cease to be valid. If a mixed beverage,

caterer, public event or bottle club license is suspended or revoked

for any licensed premises, this shall not invalidate licenses held

by the licensee for other licensed premises.
Okla. Stat. tit. 37A, § 37A-3-121 — OK Code / Title 37A / Section 37A-3-121
Business interests in mixed beverage, beer and wine,
Status: in_force

caterer, public event or bottle club prohibited for manufacturer,

wine and spirits wholesaler, beer distributor and others.

No manufacturer, brewer, wine and spirits wholesaler, beer

distributor, partner in any type of partnership, manager or member

of a limited liability company, or officer, director or stockholder

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 131

of any nonresident seller, brewer, or manufacturer licensee, owning

more than fifteen percent (15%) of the stock shall have any right,

title, claim or interest, financial or otherwise in, upon or to the

premises, equipment, business or merchandise of any mixed beverage,

beer and wine, caterer, public event or bottle club licensee.
Okla. Stat. tit. 37A, § 37A-3-125 — OK Code / Title 37A / Section 37A-3-125
Restrictions on time of sales of alcoholic beverages
Status: in_force

on-premises - Days which may be not authorized for sales of

alcoholic beverages.

A. No alcoholic beverages may be sold, dispensed, served or

consumed on the premises of a mixed beverage, caterer, public event,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 139

charitable event, special event, on-premises beer and wine, small

brewer or brewpub licensee between the hours of 2:00 a.m. and 8:00

a.m. Municipalities may enact ordinances requiring such premises to

be closed to the public between the hours of 2:00 a.m. and 6:00 a.m.

B. Counties that elect to authorize sales of alcoholic

beverages by the individual drink may designate any or all of the

following days as days or portions thereof on which the sales of

alcoholic beverages are not authorized:

1. On the first day of the week, commonly called Sunday; and

2. On Decoration or Memorial Day, Independence Day, Labor Day,

Thanksgiving Day and Christmas Day.

C. Counties that elect to authorize sales of alcoholic

beverages by the individual drink shall not prohibit such sales on

the day of any national, state, county or city election, including

primary elections, provided that the election day does not occur on

any day on which such sales may otherwise be prohibited by any other

law.
Okla. Stat. tit. 37A, § 37A-5-109 — OK Code / Title 37A / Section 37A-5-109
Credit or refund for money paid for stamps
Status: in_force

The Oklahoma Tax Commission shall have authority to allow credit

for or make refunds of any money paid for stamps issued by the Tax

Commission in payment of state excise tax by the manufacturer or

brewer pursuant to authority granted by the Tax Commission. All

applications to the Tax Commission for credit or replacement under

the provisions of this section shall be verified by affidavit and

all proof and evidence supporting such application shall be made in

strict conformity with the rules of the Tax Commission setting forth

the requirements in connection with such evidence and application.
Okla. Stat. tit. 37A, § 37A-2-116 — OK Code / Title 37A / Section 37A-2-116
Hotel beverage license
Status: in_force

A hotel beverage license shall authorize the holder thereof to

sell or serve alcoholic beverages in fifty (50) milliliter spirits,

one hundred eighty-seven (187) milliliter wine and twelve (12) ounce

malt beverage containers which are distributed from a hotel room

mini-bar. A hotel 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

hotel beverage license shall only be issued to a hotel or motel as

defined by Section 3 of this act which is also the holder of a mixed

beverage license. Provided, that application may be made

simultaneously for both such licenses. A separate license shall be

required for each place of business.
Okla. Stat. tit. 37A, § 37A-3-103 — OK Code / Title 37A / Section 37A-3-103
Filing of rules by Commission - Notice of license
Status: in_force

applicants to be sent to municipalities or county commissioners,

county sheriff, district attorney and chief of police.

All rules of the ABLE Commission shall be promulgated and filed

pursuant to the provisions of the Administrative Procedures Act, and

also shall be filed with the Secretary of State and the State

Librarian pursuant to the provisions of Sections 251 through 253 of

Title 75 of the Oklahoma Statutes. Copies of all rules shall be

made available to each county clerk, district attorney, sheriff and

chief of police in the state upon request.

The ABLE Commission shall send a notice of application for a

license to sell alcohol, alcoholic beverage, wine or beer under the

Oklahoma Alcoholic Beverage Control Act to the district attorney of

the county wherein the premises is located at least fifteen (15)

days prior to the approval or disapproval of the application.

For any applicant for a license issued pursuant to the

provisions of the Oklahoma Alcoholic Beverage Control Act whose

place of business for which the license is being sought is located

in a city or town, the ABLE Commission shall mail a notice of

application to the chief of police of the city or town, the sheriff

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 98

of the county in which the city or town is located, and the district

attorney of the county in which the city or town is located. The

city or town may make recommendations on whether or not the

applicant should be issued a license by the ABLE Commission within

twenty (20) days after the date the copies of the application were

mailed.

For any applicant for a license issued pursuant to the

provisions of the Oklahoma Alcoholic Beverage Control Act whose

place of business for which the license is being sought is located

outside of the incorporated boundaries of a city or town, the ABLE

Commission shall mail a notice of application to the board of county

commissioners of the county in which the place of business is

located, the sheriff of the county and the district attorney of the

county. The board of county commissioners shall make

recommendations on whether or not the applicant should be issued a

license by the ABLE Commission within twenty (20) days after the

date the copies of the application were mailed.

Any political subdivision which is entitled to notice of an

application for a license shall be considered an interested party to

the proceeding and shall be given notice of any issuance of license.

The political subdivision shall be entitled to appeal any such

issuance in the same manner as the applicant would be entitled to

appeal a denial of the license application.
Okla. Stat. tit. 37A, § 37A-3-109 — OK Code / Title 37A / Section 37A-3-109
Transportation of beer only by marked conveyances owned or leased by licensed
Status: in_force

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 2or leased by licensed distributor or its employees.

In order to regulate distribution of beer in this state and

assure collection of all applicable taxes and fees, all beer sold in

this state by a licensed distributor shall only be transported

within this state to the licensed address and location of a licensed

retailer or between the licensed addresses and locations of licensed

retailers by marked conveyances owned or leased by a licensed

distributor or its employees.
Okla. Stat. tit. 37A, § 37A-2-130 — OK Code / Title 37A / Section 37A-2-130
Mixed beverage/caterer combination license
Status: in_force

A mixed beverage/caterer combination license shall authorize the

holder thereof to purchase or sell mixed beverages as specifically

provided by law for the holder of a mixed beverage license or a

caterer license. All provisions of the Oklahoma Alcoholic Beverage

Control Act applicable to mixed beverage licenses or caterer

licenses, or the holders thereof, shall also be applicable to mixed

beverage/caterer combination licenses or the holders thereof, except

where specifically otherwise provided. A mixed beverage/caterer

combination 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.
Okla. Stat. tit. 37, § 37-600.2 — OK Code / Title 37 / Section 37-600.2
Renumbered as § 1-229.12 of Title 63 by Laws 2016, c
Status: in_force

366, § 171, eff. Oct. 1, 2018.
Okla. Stat. tit. 37A, § 37A-2-148 — OK Code / Title 37A / Section 37A-2-148
Grounds to revoke or suspend licenses
Status: in_force

A. Any license issued pursuant to the provisions of the

Oklahoma Alcoholic Beverage Control Act by the ABLE Commission,

after due notice and hearing, may be revoked or suspended if the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 81

ABLE Commission finds or has grounds to believe that the licensee

has:

1. Procured a license through fraud, or misrepresentation, or

concealment of a material fact;

2. Made any false representation or statement to the ABLE

Commission or the Oklahoma Tax Commission in order to prevent or

induce action by the ABLE Commission or the Tax Commission;

3. Maintained an unsanitary establishment or has supplied

impure or otherwise deleterious beverages or food;

4. Stored, possessed, mixed or served on the premises of a

bottle club any alcoholic beverage upon which the tax levied by

Section 5-101 of this title has not been paid as provided for in the

Oklahoma Alcoholic Beverage Control Act, in a county of this state

where the sale of alcoholic beverages by the individual drink for

on-premises consumption has not been authorized;

5. Misrepresented to a customer or the public any alcoholic

beverage sold by the licensee;

6. Had any permit or license issued by the Tax Commission and

required by the Oklahoma Alcoholic Beverage Control Act, suspended

or revoked by the Tax Commission; or

7. Is not in compliance with the tax laws of this state as

required in Article XXVIII-A of the Oklahoma Constitution.

B. The ABLE Commission may revoke or suspend the license of any

mixed beverage, caterer or bottle club licensee if the ABLE

Commission finds or has grounds to believe that such licensee:

1. Has acted as an agent of a manufacturer, brewer or

wholesaler of alcoholic beverages;

2. Is a manufacturer, brewer or wholesaler of alcoholic

beverages;

3. Has borrowed money or property or accepted gratuities or

rebates from a manufacturer, brewer or wholesaler of alcoholic

beverages;

4. Has obtained the use of equipment from any manufacturer,

brewer or wholesaler of alcoholic beverages or any agent thereof;

5. Has violated any of the provisions of the Oklahoma Alcoholic

Beverage Control Act for which mandatory revocation or suspension is

not required;

6. Has been convicted within the past twenty-five (25) years,

of a violation of any state or federal law relating to alcoholic

beverage for which mandatory revocation or suspension is not

required; or

7. Is not in compliance with the tax laws of this state as

required in Article XXVIII-A of the Oklahoma Constitution.

C. The ABLE Commission may revoke or suspend the license of any

retail, mixed beverage, caterer or bottle club licensee if the ABLE

Commission finds or has grounds to believe that such licensee has

borrowed money or property or accepted gratuities, discounts,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 82

rebates, free goods, allowances or other inducements from a wine and

spirits wholesaler or beer distributor.

D. The ABLE Commission shall have the authority to revoke the

license of any licensee if the ABLE Commission finds:

1. That the licensee knowingly sold alcoholic beverages or

allowed such beverages to be sold, delivered or furnished to any

person under the age of twenty-one (21) years or to any person

visibly intoxicated or adjudged insane or mentally deficient;

2. That the licensee, any general or limited partner of the

licensee, or in the case of a corporation, an officer or director of

the corporation, has been convicted of a felony or is not in

compliance with the tax laws of this state as required in Article

XXVIII-A of the Oklahoma Constitution. Provided, an employee

license may be issued and held by a person who has been convicted of

a felony if such conviction was not for a violent offense specified

in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes

or an offense under the provisions of this title;

3. That, in the case of a wine and spirits wholesaler, beer

distributor, retail spirits, retail wine or retail beer licensee,

the holder of the license or any member of a general or limited

partnership which is the holder of such a license, has been

convicted of a prohibitory law relating to the sale, manufacture or

transportation of alcoholic beverages which constitutes a felony.

E. If the ABLE Commission shall find by a preponderance of the

evidence as in civil cases that a licensee has knowingly sold any

alcoholic beverage to any person under the age of twenty-one (21)

years, after a public hearing, the ABLE Commission shall have the

discretion as to the revocation of a license or administration of

fines.

F. The ABLE Commission shall have the authority to promulgate

rules to establish a penalty schedule for violations of any

provision of the Oklahoma Alcoholic Beverage Control Act or any rule

of the ABLE Commission. The schedule shall provide for suspension

or revocation of any license for major and minor violations as

determined by the ABLE Commission. Penalties shall be increasingly

severe with each violation by a licensee.

Provided, that for a fourth major violation by a licensee within

a twenty-four-month period, the penalty shall be mandatory

revocation of license. The twenty-four-month period shall be

calculated from the date of the most recent violation as set forth

in an order signed by the Director or the designee of the Director.

G. The ABLE Commission or the Tax Commission may impose a

monetary penalty in lieu of or in addition to suspension of a

license. The amount of the fine for a major violation shall be

computed by multiplying the proposed number of days of the

suspension period by One Hundred Dollars ($100.00). The amount of

the fine for a minor violation shall be computed by multiplying the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 83

number of days of the proposed suspension period by Fifty Dollars

($50.00).

H. The failure of any licensee to pay a fine or serve a

suspension imposed by the ABLE Commission or the Tax Commission

shall result in the revocation of the license of the licensee.

I. If the ABLE Commission or the Tax Commission finds that

public health, safety or welfare require emergency action, and

incorporates a finding to that effect in its order, summary

suspension of a license may be ordered pending proceeding for

revocation or other action, pursuant to the provisions of Section

314 of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 37A, § 37A-2-101 — OK Code / Title 37A / Section 37A-2-101
Annual license fees - Administrative fees
Status: in_force

A. Except as otherwise provided in this section, the licenses

issued by the ABLE Commission, and the annual fees therefor, shall

be as follows:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 26

9. The following retail spirits license fees

shall be determined by the latest Federal

Decennial Census:

a. Retail Spirits License for cities and

b. Retail Spirits License for cities and

c. Retail Spirits License for cities and

(initial license)

$905.00

(renewal)

(initial license)

$450.00

(renewal)

(initial license)

$900.00

(renewal)

(initial license)

$905.00

(renewal)

(initial license)

$905.00

(renewal)

20. Airline/Railroad/Commercial Passenger Vessel Beverage

(initial license)

$905.00

(renewal)

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 27

29. Manufacturer License:

a. 50 cases or less sold in Oklahoma in

b. 51 to 500 cases sold in Oklahoma in

c. 501 cases or more sold in Oklahoma in

34. Winemaker Self-Distribution License:

a. produced ten thousand (10,000) gallons

b. produced more than ten thousand

(10,000) gallons but no more than

fifteen thousand (15,000) gallons in

37. Small Brewer Self-Distribution License:

a. produced fifteen thousand (15,000)

b. produced more than fifteen thousand

B. 1. There shall be added to the initial or renewal fees for

a mixed beverage license an administrative fee, which shall not be

deemed to be a license fee, in the amount of Five Hundred Dollars

($500.00), which shall be paid at the same time and in the same

manner as the license fees prescribed by paragraph 12 of subsection

A of this section; provided, this fee shall not be assessed against

service organizations or fraternal beneficiary societies which are

exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue

Code.

2. There shall be added to the fee for a mixed beverage/caterer

combination license an administrative fee, which shall not be deemed

to be a license fee, in the amount of Two Hundred Fifty Dollars

($250.00), which shall be paid at the same time and in the same

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 28

manner as the license fee prescribed by paragraph 13 of subsection A

of this section.

C. Notwithstanding the provisions of subsection A of this

section:

1. The license fee for a mixed beverage or bottle club license

for those service organizations or fraternal beneficiary societies

which are exempt under Section 501(c)(19), (8) or (10) of the

Internal Revenue Code shall be Five Hundred Dollars ($500.00) per

year; and

2. The renewal fee for an airline/railroad/commercial passenger

vessel beverage license held by a railroad described in 49 U.S.C.,

Section 24301, shall be One Hundred Dollars ($100.00).

D. An applicant may apply for and receive both an on-premises

beer and wine license and a caterer license.

E. All licenses, except as otherwise provided, shall be valid

for one (1) year from date of issuance unless revoked or

surrendered. Provided, all employee licenses shall be valid for two

(2) years.

F. The holder of a license, issued by the ABLE Commission, for

a bottle club located in a county of this state where the sale of

alcoholic beverages by the individual drink for on-premises

consumption has been authorized, may exchange the bottle club

license for a mixed beverage license or an on-premises beer and wine

license and operate the licensed premises as a mixed beverage

establishment or an on-premises beer and wine establishment subject

to the provisions of the Oklahoma Alcoholic Beverage Control Act.

There shall be no additional fee for such exchange and the mixed

beverage license or on-premises beer and wine license issued shall

expire one (1) year from the date of issuance of the original bottle

club license.

G. In addition to the applicable licensing fee, the following

surcharge shall be assessed annually on the following licenses:

2. Manufacturer License:

a. 50 cases or less sold in Oklahoma in

b. 51 to 500 cases sold in Oklahoma in

c. 501 cases or more sold in Oklahoma in

5. Retail Spirits License for cities and towns

6. Retail Spirits License for cities and towns

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 29

7. Retail Spirits License for cities and towns

The surcharge shall be paid concurrent with the licensee's

annual licensing fee and, in addition to Five Dollars ($5.00) of the

employee license fee, shall be deposited in the Alcoholic Beverage

Governance Revolving Fund established pursuant to Section 5-128 of

this title.

H. Any license issued by the ABLE Commission under this title

may be relied upon by other licensees as a valid license, and no

other licensee shall have any obligation to independently determine

the validity of such license or be held liable solely as a

consequence of another licensee's failure to maintain a valid

license.
Okla. Stat. tit. 37A, § 37A-2-124 — OK Code / Title 37A / Section 37A-2-124
Private carrier license
Status: in_force

A. A private carrier license may be issued to any carrier other

than a common carrier described in Section 35 of this act. Such

license shall authorize the holder thereof to transport alcoholic

beverages other than wine sold directly by a winemaker or winery to

a retail package store or restaurant into, within, or out of this

state under such terms, conditions, limitations and restrictions as

the ABLE Commission may prescribe by order issuing such license and

by rule. No carrier license or private carrier license shall be

required of licensed brewers, distillers, winemakers, rectifiers,

wholesalers or beer distributors, to transport alcoholic beverages

from the place of purchase or acquisition to the licensed premises

of such licensees and from such licensed premises to the licensed

premises of the purchaser in vehicles owned or leased by such

licensee when such transportation is for a lawful purpose and not

for hire.

B. No carrier license or private carrier license shall be

required of the holder of a retail spirits, retail wine, retail

beer, mixed beverage, caterer, special event, hotel beverage, public

event or airline/railroad license to pick up alcoholic beverage

orders from the licensee's wholesaler, beer distributor or holder of

a small brewer self-distribution license or brewpub self-

distribution license from whom they are purchased and to transport

such alcoholic beverages from the place of purchase or acquisition

to the licensed premise of such licensees in vehicles owned or under

the control of such licensee or a licensed employee of such licensee

under such terms, conditions, limitations and restrictions as the

ABLE Commission may prescribe.
Okla. Stat. tit. 37A, § 37A-5-108 — OK Code / Title 37A / Section 37A-5-108
Promulgation of rules to implement reporting method of
Status: in_force

taxing - Payment of excise tax on beer.

A. The Oklahoma Tax Commission shall promulgate rules to

implement a reporting method of taxing all alcoholic beverages sold

or delivered in this state to eliminate the use of any type of

stamps.

B. Except as otherwise provided by subsection C of this

section, payment of the excise tax levied by the Oklahoma Alcoholic

Beverage Control Act, with respect to beer shall be made by the

manufacturer or brewer as to all beer produced by such brewer within

the state for sale within this state, and shall be made by the

importing manufacturer or beer distributor who is the original

consignee of beer manufactured or produced outside of this state as

to all beer imported into this state by such importing licensee. It

is the duty of each Oklahoma licensed brewer with respect to beer

produced by such brewer within this state, and of each Oklahoma

licensed beer distributor as to beer produced outside of this state

and imported into this state by such beer distributor, to pay the

excise tax on such beer to the Oklahoma Tax Commission as

hereinafter provided.

C. A brewer that distributes beer produced by the brewer within

the state without making delivery of beer to a person or entity

licensed as a beer distributor pursuant to the Oklahoma Alcoholic

Beverage Control Act and which distributes the beer so produced

within the state only through the same legal entity holding a brewer

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 153

license, small brewer license, or brewpub license shall make payment

of the excise tax levied by the Oklahoma Alcoholic Beverage Control

Act with respect to sales of beer made by the brewer for consumption

on the premises and off the premises at which the beer is

manufactured by the brewer, or such other premises as permitted by

law, and beer distributed through the legal entity holding the

brewer license, small brewer license, or brewpub license. If

distribution of beer is made by an entity holding a beer

distributor’s license, the payment of the excise tax shall be made

by the entity making such distribution.

D. Notwithstanding any other provision of law, the tax levied

by the Oklahoma Alcoholic Beverage Control Act shall be part of the

gross proceeds or gross receipts from the sale of alcoholic

beverages, as those terms are defined in paragraph 12 of Section

1352 of Title 68 of the Oklahoma Statutes.
Okla. Stat. tit. 37A, § 37A-5-135 — OK Code / Title 37A / Section 37A-5-135
Monthly report required for mixed beverage tax permit holders and others -
Status: in_force

Calculation of gross receipts tax - Delinquent taxes - Monthly report required for licensedholders and others - Calculation of gross receipts tax - Delinquent

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 172

taxes - Monthly report required for licensed wholesalers - Audit

authority.

A. Every mixed beverage tax permit holder, or any person

transacting business subject to the gross receipts tax levied by

Section 5-105 of this title, shall file with the Oklahoma Tax

Commission a monthly report for each place or location of business,

on or before the twentieth day of the month immediately following

the month of receipt. The reports shall be made under oath, on

forms prescribed by the Tax Commission, which shall include the

following information:

1. Name of mixed beverage tax permit holder;

2. Mixed beverage tax permit number;

3. Sales tax permit number;

4. Mixed beverage, caterer, public event or special event

license number;

5. Gross receipts for the month for the sale, preparation or

service of mixed beverages, ice and nonalcoholic beverages mixed

with alcoholic beverages;

6. Gross receipts for the month from charges for the privilege

of admission to a mixed beverage establishment which entitles a

person to complimentary mixed beverages or discounted prices for

mixed beverages;

7. Total retail value of complimentary or discounted alcoholic

beverages served for the month; and

8. Such other information as may be required by the Tax

Commission to enable it to collect taxes imposed as provided by law.

B. The gross receipts tax levied by Section 5-105 of this title

shall be calculated by multiplying the tax rate, thirteen and one-

half percent (13.5%), and the total gross receipts for each month

from the sale, preparation or service of mixed beverages, ice and

nonalcoholic beverages mixed with alcoholic beverages, the total

gross receipts of charges received for admission to mixed beverage

establishments, as provided in paragraph 6 of subsection A of this

section, and the total retail value of complimentary or discounted

mixed beverages. Gross receipts from the sale of food prepared with

alcoholic beverages shall not be included in the calculation of the

monthly tax liability. The tax due for the preceding month shall

accompany the report required in subsection A of this section. All

taxes, penalties and interest imposed by the Oklahoma Alcoholic

Beverage Control Act may be paid in the form of electronic funds

transfer or by a personal or company check, cashier’s check,

certified check or postal money order payable to the Tax Commission.

C. If the gross receipts tax levied pursuant to the provisions

of Section 5-105 of this title is not paid on or before the

twentieth day of each month, the tax shall be delinquent, and

interest and penalty shall accrue on and from the twenty-first day

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 173

of each month, pursuant to the provisions of the Uniform Tax

Procedure Code.

D. Every licensed wholesaler of alcoholic beverages in this

state shall file with the Tax Commission a monthly report, under

oath, on forms prescribed by the Tax Commission, which shall include

the name, location and mixed beverage tax permit number of each

mixed beverage, caterer, public event or special event licensee to

whom the licensed wholesaler sold alcoholic beverages during the

report month.

E. If the report required by subsection A of this section is

not filed with the Tax Commission on or before the twentieth day of

the month, the Tax Commission may assess an additional penalty of

Five Dollars ($5.00) for each day thereafter that the report is not

filed pursuant to the provisions of this section. The Tax

Commission may waive the penalty assessed pursuant to the provisions

of the Uniform Tax Procedure Code; provided, however, the additional

penalty, if assessed, shall not exceed an amount equal to twice the

amount of tax due for the period for which such report was required

to be filed, or the sum of Three Hundred Dollars ($300.00),

whichever is greater.

F. Taxes paid as provided by law represented by accounts

receivable which are found to be worthless or uncollectible may be

credited upon subsequent reports and remittances of such tax, in

accordance with rules promulgated by the Tax Commission. If such

accounts are thereafter collected, the same shall be reported and

the tax shall be paid upon the amount so collected.

G. In addition to any other authority granted by law, the Tax

Commission is hereby authorized to audit any mixed beverage, beer

and wine, caterer, public event or special event licensee to

determine if the correct amount of tax payable under Section 5-105

of this title has been collected. The taxpayer shall be deemed to

be in compliance if such an audit reveals that the amount collected

is within the following percentages of the amount of tax payable:

1. For spirits, eighty-four percent (84%) to one hundred

sixteen percent (116%);

2. For wine, ninety percent (90%) to one hundred ten percent

(110%);

3. For beer sold at draft and not in original packages, eighty-

six percent (86%) to one hundred fourteen percent (114%); and

4. For beer sold in original packages, ninety-five percent

(95%) to one hundred five percent (105%).

H. A deduction not to exceed ten percent (10%) of the gross

receipts tax liability levied pursuant to Section 5-105 of this

title and determined by an audit of the purchases from wholesalers

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

special event licensee shall be allowed for properly documented

losses attributable to breakage, spillage, theft, fire, or other

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 174

occurrences. The Tax Commission may promulgate rules to provide for

loss deductions in addition to the ten percent (10%) allowance and

for the documentation required to properly verify loss claim

amounts.