reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-111. State officers and employees - Involvement in alcoholic beverage business - State lodges.

A. Employees of the State of Oklahoma and its political subdivisions are hereby permitted to obtain licenses from the ABLE Commission and to be involved in the alcoholic beverage business unless such involvement and licensing is prohibited by law.
B. The following officers and employees of the State of Oklahoma and its political subdivisions are hereby prohibited from engaging in the alcoholic beverage business:
1. All judges, district attorneys, assistant district attorneys and any public official who sits in a judicial capacity with jurisdiction over the Oklahoma Alcoholic Beverage Control Act;
2. With the exception of those peace officers who are working as off-duty security, all employees certified as peace officers engaging in law enforcement activities; and
3. All employees of the Oklahoma Tax Commission who engage in the auditing, enforcement and collection of alcoholic beverage taxes.
C. The holding of membership or elective or appointed office in fraternal organizations which obtain mixed beverage or bottle club licenses by employees of the state or a political subdivision shall not be considered to be engagement in the alcoholic beverage business.
D. If the voters of a county in which a state lodge is located approve sale of alcoholic beverages by the individual drink for on-premises consumption, then such sale of alcoholic beverages on the premises of such lodge shall be authorized if a license for such sale, issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act, is obtained. Provided, further, that a bottle club may be licensed on the premises of a state lodge located in a county where sale of alcoholic beverages by the individual drink for on-premises consumption is not authorized.
E. The provisions of subsection D of this section shall not prohibit the state or a political subdivision of the state from leasing a public building or facility to a person who obtains a mixed beverage license, bottle club license, special event license, contracts for the services of a licensed caterer or subleases the building or facility to a person who obtains a mixed beverage license, bottle club license, special event license or contracts for the services of a licensed caterer.
F. Provided, that nothing in this section shall prohibit the sale of alcoholic beverages legally confiscated as provided by law.
Added by Laws 2016, c. 366, § 11, eff. Oct. 1, 2018. Amended by Laws 2019, c. 54, § 1, emerg. eff. April 16, 2019.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-112. Good standing with Oklahoma Tax Commission required.

The ABLE Commission shall not issue a license to any person not in good standing with the Oklahoma Tax Commission with respect to the payment of all taxes due to this state or any political subdivision thereof. The ABLE Commission shall not issue a license to any business entity if the entity or any officer or director thereof is not in good standing with the Tax Commission with respect to the payment of all taxes due to this state or any political subdivision thereof. Any license issued before or after the effective date of this act which is deemed to have been issued in violation of the provisions of this section shall be immediately revoked, and the holder thereof shall not be eligible to receive any license issued by the ABLE Commission until such time as the Tax Commission determines that the holder is in good standing with the Tax Commission with respect to the payment of all taxes due to this state or any political subdivision thereof, including payment of any interest or penalties due.
Added by Laws 2016, c. 366, § 12, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-105. Winemaker self-distribution license.

A. A winemaker self-distribution license shall authorize a licensed winemaker within or without this state which is permitted by Article XXVIIIA of the Oklahoma Constitution and this section:
1. To distribute its wine directly to retail spirits, retail wine and retail beer licensees, mixed beverage licensees, beer and wine licensees, and restaurants in this state; and
2. If such a winemaker elects to do so, to sell and deliver its wines directly to licensed retail package stores, mixed beverage licensees, beer and wine licensees, and restaurants in this state in full case lots only, and in accordance with the provisions of the Oklahoma Alcoholic Beverage Control Act and such rules as the ABLE Commission shall promulgate.
B. A winemaker either within or without this state that annually produces no more than fifteen thousand (15,000) gallons of wine may elect to sell and self-distribute the wine produced by such winemaker directly to licensed retail package stores, mixed beverage licensees, beer and wine licensees, and restaurants in this state; provided:
1. Any such winemaker which elects to directly sell its wine to package stores, mixed beverage licensees, beer and wine licensees, and restaurants shall not also use a licensed wholesale distributor as a means of distribution, and shall be required to sell its wines to every package store, mixed beverage licensee, beer and wine licensee, and restaurant licensee who desires to purchase the same, on the same price basis and without discrimination;
2. If a winemaker or winery sells directly to a retail package store, mixed beverage licensee, beer and wine licensee or restaurant, the winemaker shall transport the wine from the winemaker's winery to the premises where the wine is to be delivered only in vehicles owned or leased by the winemaker and not by common or private contract carrier and shall obtain all necessary permits as required by the Oklahoma Alcoholic Beverage Control Act; and
3. If the production volume limit applicable to winemakers is ruled to be unconstitutional by a court of competent jurisdiction, then no winemaker shall be permitted to directly sell its wine to retail package stores, non-package-store retailers, mixed beverage licensees, beer and wine licensees or restaurants in this state.
Added by Laws 2016, c. 366, § 17, eff. Oct. 1, 2018. Amended by Laws 2018, c. 113, § 1, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 307, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-106. Rectifier license.

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.
Added by Laws 2016, c. 366, § 18, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-107. Wine and spirits wholesaler license.

A. A wine and spirits wholesaler license shall authorize the holder thereof:
1. To purchase and import into this state spirits and wines from persons authorized to sell same who are the holders of a manufacturer or nonresident seller license, and their agents who are the holders of manufacturer's agent licenses;
2. To purchase spirits and wines from licensed distillers, rectifiers and winemakers in this state;
3. To purchase spirits and wines from licensed wholesalers, to the extent set forth in subsections B and C of this section;
4. To sell in retail containers in this state to retailers, mixed beverage, caterer, special event, public event, hotel beverage or airline/railroad beverage licensees, spirits and wines which have been received and unloaded at the bonded warehouse facilities of the wholesaler before such sale;
5. To sell to licensed wholesalers, to the extent set forth in subsections B and C of this section, spirits and wines which have been received and unloaded at the bonded warehouse facilities of the wholesaler before such sale;
6. To sell spirits and wines out of this state to qualified persons; and
7. To sell to licensed distillers spirits that were manufactured by that distiller and which have been received and unloaded at a bonded warehouse facility of a wholesaler before such sale.
Provided, however, sales of spirits and wine in containers with a capacity of less than one-twentieth (1/20) gallon by a holder of a wholesaler license shall be in full case lots and in the original unbroken case. Wholesalers shall be authorized to place such signs outside their place of business as are required by Acts of Congress and by such laws and regulations promulgated under such Acts.
B. A wholesaler may sell spirits and wine to other wholesalers or purchase spirits and wines from other wholesalers without complying with subsection A of this section in the case of the sale, purchase or other transfer or acquisition of the entire business of a wholesaler including the inventory of spirits and wine.
C. A wholesaler license shall authorize the holder thereof to:
1. Maintain not more than three (3) self-owned or leased and self-operated bonded warehouses within this state. All invoices shall be stored at the principal place of business for which the wholesaler license was granted; and
2. Accept as payment cash, personal check, cashier's check, money order or electronic fund transfer from persons licensed to purchase alcoholic beverages; provided, a wholesaler shall not be permitted to accept payment by credit card.
Added by Laws 2016, c. 366, § 19, eff. Oct. 1, 2018. Amended by Laws 2017, c. 364, § 11, eff. Oct. 1, 2017; Laws 2021, c. 197, § 2, emerg. eff. April 23, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-110v1. Mixed beverage license.

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 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.
Added by Laws 2016, c. 366, § 22, eff. Oct. 1, 2018. Amended by Laws 2017, c. 381, § 6, eff. Oct. 1, 2018; Laws 2019, c. 35, § 1, emerg. eff. April 10, 2019.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-111. Bottle club license.

A bottle club license shall authorize the holder thereof to store, possess and mix alcoholic beverages belonging to members of the club and to serve such alcoholic beverages for on-premises consumption to club members. A bottle club license shall only be issued in counties of this state where the sale of alcoholic beverages by the individual drink for on-premises consumption has not been authorized. A separate license shall be required for each place of business.
Added by Laws 2016, c. 366, § 23, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-112. Caterer license.

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.
Added by Laws 2016, c. 366, § 24, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-115. Special event licenses - Rules and restrictions.

A. A special event license may be issued to an organization, association or nonprofit corporation organized for political, fraternal, charitable, religious or social purposes. The holder of a special event license is authorized to sell and distribute alcoholic beverage on the premises for which the license is issued.
B. The ABLE Commission shall promulgate rules governing the application for and the issuance of special event licenses.
C. The restrictions and rules which apply to the sale of mixed beverages on the premises of a mixed beverage licensee also apply to the sale of such beverages under the authority of a special event license. Any act which if done on the premises of a mixed beverage licensee would be a ground for revocation or suspension of the mixed beverage license is a ground for revocation or suspension of a special event license.
D. No special event license may be issued for any premises already licensed by the ABLE Commission.
E. No special event license shall be required for an organization, association or nonprofit corporation which is an economic development chamber or similar entity, provided the event is not conducted primarily for fundraising purposes, and provided the services of a licensed caterer are used to provide and distribute the alcoholic beverages at the event.
Added by Laws 2016, c. 366, § 27, eff. Oct. 1, 2018. Amended by Laws 2017, c. 275, § 4, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-116. Hotel beverage license.

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.
Added by Laws 2016, c. 366, § 28, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-117. Hotel beverage license - Rules and restrictions.

A. A hotel beverage license may be issued to a hotel or motel which is also the holder of a mixed beverage license. Provided, that application may be made simultaneously for both such licenses.
B. The ABLE Commission shall promulgate rules governing the application for and the issuance of hotel beverage licenses.
C. Notwithstanding any other provision of the Oklahoma Alcoholic Beverage Control Act, a hotel may sell alcoholic beverages to its registered guests by means of a mini-bar located in the guestrooms of those registered guests; provided:
1. Access to any mini-bar shall only be by a key, magnetic card or similar device;
2. Access to a mini-bar in a particular guestroom is provided, whether by furnishing a key, magnetic card or similar device only to a registered guest over twenty-one (21) years of age registered to stay in the guestroom;
3. The licensee shall verify that each registered guest to whom a key, magnetic card or similar device to access a mini-bar is to be provided is over twenty-one (21) years of age; and
4. All employees handling the alcoholic beverages to be placed in the mini-bar possess an employee license issued by the ABLE Commission.
Added by Laws 2016, c. 366, § 29, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-118. Airline/railroad/commercial passenger vessel beverage license.

A. An airline/railroad/commercial passenger vessel beverage license shall authorize the holder thereof:
1. To sell or serve alcoholic beverages in or from any size container on a commercial passenger airplane, vessel or railroad operated in compliance with a valid license, permit or certificate issued under the authority of the United States or this state or its instrumentality, even though the airplane, vessel or train, in the course of its travel, may cross an area in which the sale of alcoholic beverages by the individual drink is not authorized; and
2. To store alcoholic beverages in sealed containers of any size at any airport, facility or station regularly served by the licensee, in accordance with rules promulgated by the ABLE Commission.
B. Alcoholic beverages purchased by the holder of an airline/railroad/commercial passenger vessel license from the holder of a wholesaler license or beer distributor license shall be presumed to be purchased for consumption outside the State of Oklahoma or in interstate commerce, and shall be exempt from the excise tax provided in Section 5-101 of this title. A commercial vessel operating solely on the waterways within this state shall purchase alcoholic beverages from the holder of a wholesaler license or beer distributor license and shall not be exempt from the excise tax provided in Section 5-101 of this title.
Added by Laws 2016, c. 366, § 30, eff. Oct. 1, 2018. Amended by Laws 2019, c. 307, § 1, emerg. eff. May 6, 2019; Laws 2020, c. 161, § 11, emerg. eff. May 21, 2020.
NOTE: Laws 2019, c. 102, § 2 repealed by Laws 2020, c. 161, § 12, emerg. eff. May 21, 2020.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-119. Airline/railroad/commercial passenger vessel beverage license - Qualifying licensee.

An airline/railroad/commercial passenger vessel beverage license may be issued to any corporation operating a commercial airline, vessel or railroad in or through this state. Application and payment of the license fee shall be made directly to the ABLE Commission.
Added by Laws 2016, c. 366, § 31, eff. Oct. 1, 2018. Amended by Laws 2019, c. 102, § 3, eff. Nov. 1, 2019.
NOTE: Laws 2019, c. 307, § 2 repealed by Laws 2020, c. 161, § 13, emerg. eff. May 21, 2020.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-120. Wholesaler's agent license.

A wholesaler's agent license shall authorize the holder thereof:
1. To represent only the holders of licenses within this state, other than retailers, authorized to sell wine and spirits to licensed retailers in Oklahoma; and
2. To solicit and to take orders for the purchase of wine and spirits from retailers including licensees authorized to sell wine and spirits in Oklahoma.
Such license shall be issued only to agents and employees of the holder of a license under the Oklahoma Alcoholic Beverage Control Act, but no such license shall be required of an employee making sales of wine and spirits on licensed premises of the employee's principal or of an employee of a beer distributer licensee regardless of that employee's job responsibilities. No applicant for a wholesaler's agent license shall also hold a manufacturer's agent license.
Added by Laws 2016, c. 366, § 32, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 6, emerg. eff. May 7, 2019; Laws 2020, c. 161, § 14, emerg. eff. May 21, 2020.
NOTE: Laws 2019, c. 189, § 1 repealed by Laws 2020, c. 161, § 15, emerg. eff. May 21, 2020.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-122. Industrial license.

A. An industrial license may be issued to persons desiring to import, transport and use alcohol for the following purposes:
1. Manufacture of patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations;
2. Manufacture of extracts, syrups, condiments and food products; and
3. For use in scientific, chemical, mechanical, industrial and medicinal products and purposes.
B. No other provisions of the Oklahoma Alcoholic Beverage Control Act shall apply to alcohol intended for industrial, medical, mechanical or scientific use.
C. Any person receiving alcohol under authority of an industrial license who shall use, permit or cause same to be used for purposes other than authorized purposes specified above, and all such alcohol, shall be liable to all provisions of the Oklahoma Alcoholic Beverage Control Act, including payment of tax thereon.
D. No provisions of the Oklahoma Alcoholic Beverage Control Act shall apply to alcohol withdrawn by any person free of federal tax under a tax-free permit issued by the United States government, if such alcohol is received, stored and used as authorized by federal laws.
Added by Laws 2016, c. 366, § 34, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-123. Carrier license.

A carrier license may be issued to any common carrier operating under a certificate of convenience and necessity issued by any duly authorized federal or state regulatory agency. Such license shall authorize the holder thereof to transport alcoholic beverages other than wine sold directly by a winemaker or winery to a retail package store or restaurant into, within, and out of this state under such terms, conditions, limitations and restrictions as the ABLE Commission may prescribe by order issuing such license and by rule.
Added by Laws 2016, c. 366, § 35, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-124. Private carrier license.

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.
Added by Laws 2016, c. 366, § 36, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-125. Bonded warehouse license.

A bonded warehouse license shall authorize the holder thereof to receive and store alcoholic beverages and nonalcoholic beverages for the holders of storage licenses on the licensed premises of the bonded warehouse licensee. No goods, wares or merchandise other than alcoholic beverages and nonalcoholic beverages may be stored in the same bonded warehouse with alcoholic beverages. The holder of a bonded warehouse license shall furnish and file with the ABLE Commission a bond running to all bailers of alcoholic beverages under proper storage licenses and their assignees (including mortgagees or other bona fide lienholders) conditioned upon faithful performance of the terms and conditions of such bailments.
Added by Laws 2016, c. 366, § 37, eff. Oct. 1, 2018. Amended by Laws 2018, c. 312, § 3, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-126. Storage license.

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.
Added by Laws 2016, c. 366, § 38, eff. Oct. 1, 2018. Amended by Laws 2017, c. 364, § 13, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-127. Sacramental wine supplier license.

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 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.
Added by Laws 2016, c. 366, § 39, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-130. Mixed beverage/caterer combination license.

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.
Added by Laws 2016, c. 366, § 42, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-131. Small farm winery license.

A. A small farm winery license shall authorize the holder thereof:
1. To manufacture and bottle wines produced by that small farm winery;
2. To bottle and sell wines produced by another small farm winery. In order for a small farm winery to bottle and sell another small farm winery’s products, both the selling winery and the buying winery shall be small farm winery permit holders;
3. To establish satellite tasting rooms as defined and authorized in the Oklahoma Alcoholic Beverage Control Act, where:
a.
the winemaker’s products may be tasted, sampled, sold, and served for on-premises consumption and the winemaker is permitted to sell its products in sealed containers; provided, the small farm winery license is active and in good standing, or
b.
beer purchased by the licensed small farm winery may be sold for on-premises consumption.
The wine sold at a satellite tasting room must have been produced/manufactured by the holder of a small farm winery license and must have all manufacturing taxes paid. The beer sold at a satellite tasting room shall be purchased pursuant to paragraph 6 of this subsection;
4. The small farm winery licensee shall have the same authority as the winemaker licensee;
5. To host off-site events pursuant to Section 1 of this act; and
6. To purchase beer in retail containers from the holder of a wholesaler, beer distributor, small brewer self-distributor or brewpub self-distributor license or as specifically provided by law and to sell, offer for sale and possess beer for on-premises consumption.
B. A small farm wine may display the trademarked “Oklahoma Grown” sticker available from the Oklahoma Grape Industry Council.
Added by Laws 2016, c. 366, § 43, eff. Oct. 1, 2018. Amended by Laws 2019, c. 420, § 4, eff. Nov. 1, 2019; Laws 2023, c. 338, § 6, emerg. eff. June 7, 2023.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-132. Brewpub license - Brewpub self-distribution license.

A. A brewpub license shall authorize a small brewer to:
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.
Added by Laws 2016, c. 366, § 44, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-133. Licensees authorized to deliver, and bottle club or mixed beverage, beer and wine, caterer, public event, charitable event or special event licensees - Responsibility for violations.

Each licensee authorized to deliver alcoholic beverage products to consumers in Section 1 of this act and each bottle club or mixed beverage, beer and wine, caterer, public event, charitable event or special event licensee shall be held responsible for violation of any alcoholic beverage law or administrative rule of the ABLE Commission affecting his or her license privileges and for any act or omission of his or her servant, agent, employee or representative in violation of any law, municipal ordinance or administrative rule affecting his or her license privileges.
Added by Laws 2016, c. 366, § 45, eff. Oct. 1, 2018. Amended by Laws 2020, c. 155, § 2, emerg. eff. May 21, 2020.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-134. Additional hours license.

The ABLE Commission may issue an additional hours license to the holder of a caterer, public event or special event license. The additional hours license shall authorize the holder thereof to sell, dispense or serve alcoholic beverages from 6:00 a.m. to 10:00 a.m.
Added by Laws 2016, c. 366, § 46, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-136. Manufacturer's agent license.

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.
Added by Laws 2016, c. 366, § 48, eff. Oct. 1, 2018. Amended by Laws 2019, c. 189, § 3, eff. Nov. 1, 2019 and Laws 2019, c. 322, § 8, emerg. eff. May 7, 2019.
NOTE: Laws 2019, c. 189, § 3 and Laws 2019, c. 322, § 8 made identical amendments to this section.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-137. Restriction against additional licenses or permits outside of this Act.

Except as provided in Sections 101 and 102 of this act with respect to cities, towns and counties, and except as may be provided under Title 68 of the Oklahoma Statutes with respect to the Oklahoma Tax Commission, no license or permit other than licenses as provided under the Oklahoma Alcoholic Beverage Control Act shall be required of any licensee by any agency, instrumentality or political subdivision of this state to engage in any activity covered by the Oklahoma Alcoholic Beverage Control Act anywhere within the State of Oklahoma and no agency, instrumentality or political subdivision of this state shall interfere with the regulation of the ABLE Commission, or the performance of a wholesaler with respect to the sale, distribution, possession, handling or marketing of alcoholic beverages on any premises of any licensee as defined in Section 3 of this act.
Added by Laws 2016, c. 366, § 49, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-138. Mixed beverage, beer and wine, caterer, special event, public event or airline/railroad/commercial vessel licensees - Restrictions on purchasing alcoholic beverages.

The holder of a mixed beverage, beer and wine, caterer, special event, public event or airline/railroad/commercial vessel beverage license shall purchase alcoholic beverages only from a licensed wine and spirits wholesaler or beer distributor, or as otherwise specifically provided by law; provided, the holder of a mixed beverage, beer and wine, caterer or special event license issued for an establishment which is also a restaurant may purchase wine produced at small farm wineries or beer produced at small breweries in this state directly from a winemaker or craft brewer as provided in Article XXVIIIA of the Oklahoma Constitution.
A wine and spirits wholesaler, beer distributor or a holder of a small brewer self-distribution license or brewpub self-distribution license may deliver such products to licensees authorized to sell alcoholic beverages for on-premises consumption; provided, such licensees may also pick up alcoholic beverage orders if they hold a private carrier license issued by the ABLE Commission.
Added by Laws 2016, c. 366, § 50, eff. Oct. 1, 2018. Amended by Laws 2019, c. 307, § 3, emerg. eff. May 6, 2019.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-140. Personal use permit.

The ABLE Commission is authorized to issue, upon application of a person who is twenty-one (21) years of age or older, an annual personal use permit which when granted authorizes the holder thereof to make, store, possess and transport for personal use, beer, fermented non-distilled ciders and wine, as defined by Section 3 of this act. The total volume of each authorized beverage made and possessed for personal use in a given calendar year shall be limited to a volume less than two hundred (200) gallons. The term "personal use", as used in this act, means the individual making beverages pursuant to a valid personal use permit issued by the ABLE Commission produces such beverages solely for his or her use and consumption, for consumption by his or her family and guests, and for transport to and use at organized affairs, exhibitions or competitions, including but not limited to homemaker contests, tastings or judgings. No beverage made pursuant to a personal use permit shall be sold or offered for sale.
Added by Laws 2016, c. 366, § 52, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-141. Applicants for certain licenses to publish a notice of intention to apply.

Applicants for original brewer, distiller, winemaker, rectifier, wine and spirits wholesaler, beer distributor, mixed beverage, beer and wine, bottle club, caterer, retail spirits, retail wine or retail beer licenses shall, prior to applying for such license, twice publish, in such form and containing such information as the ABLE Commission shall by rule prescribe, a notice of its intention to apply for any such license, once a week for two (2) successive weeks in a legal newspaper of general circulation within the county where the proposed premises is to be located, and file proof of such publication with the ABLE Commission. Unless otherwise provided, the ABLE Commission shall give notice of approval or disapproval of an application for a license within thirty (30) days after the filing of the application. The ABLE Commission shall give notice of approval or disapproval of an application for a mixed beverage, beer and wine, bottle club or caterer license within sixty (60) days after the filing of the application. Provided, the ABLE Commission may extend the period for making a determination of whether to approve or disapprove an application an additional thirty (30) days for good cause. The ABLE Commission may conditionally approve any application which is subject to Section 54 of this act if:
1. Construction, modification or alteration of premises proposed for licensed operations is not completed; and
2. The applicant furnishes a conditional certification issued by the municipality or county that the applicant's plans and specifications indicate that the proposed premises will comply with the municipality's or county's zoning, fire, safety and health codes.
The ABLE Commission shall issue its final notice of approval when the applicant furnishes final certificates required by Section 54 of this act.
Added by Laws 2016, c. 366, § 53, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-143.1. Promulgation of rules for employee license payment plans.

Notwithstanding any provision to the contrary, the Alcoholic Beverage Laws Enforcement (ABLE) Commission shall promulgate rules for employee license payment plans or may recommend changes in legislation as may be necessary to allow for large corporate employers to pay for its employee alcohol licenses through either a purchase card, national credit card, draw account or other method of corporate payment provided the employer is otherwise qualified under the standards established by rule and has requested that ABLE provide an employee license payment plan.
Added by Laws 2019, c. 261, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-145. Eligibility of persons pardoned for a felony.

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.
Added by Laws 2016, c. 366, § 57, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.