reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-5-129. Oklahoma Viticulture and Enology Center Development Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "Oklahoma Viticulture and Enology Center Development Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies distributed to the fund:
1. From the apportionment provided in paragraph 1 of Section 107 of this act; and
2. From any other source in accordance with state and federal law.
C. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of:
1. Establishing a Viticulture and Enology Center on the campus of Redlands Community College;
2. Developing viticulture-related and enology-related education programs;
3. Developing technologies, strategies or practices that aid in the production of grapes and wine in Oklahoma; and
4. Increasing the positive economic impact of the Oklahoma wine industry on this state.
D. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2016, c. 366, § 132, 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-5-130. Authority to promulgate rules on labeling of alcoholic beverages.

The ABLE Commission is hereby authorized to promulgate rules governing the labeling of alcoholic beverages bottled, packaged, sold or possessed for sale within this state, not inconsistent with the provisions of the Oklahoma Alcoholic Beverage Control Act.
Added by Laws 2016, c. 366, § 133, 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-5-131. Alcoholic beverage not labeled in conformity with rules.

The bottling, packaging, sale or possession by any licensee of any alcoholic beverage not labeled in conformity with such rules and the provisions of the Oklahoma Alcoholic Beverage Control Act shall be grounds for suspension, revocation or cancellation of the license.
Added by Laws 2016, c. 366, § 134, 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-5-132.1. Charitable collaboration beer – Transfer of alcohol products between breweries without taxation.

For purposes of an approved charitable collaboration beer as authorized in Section 3 of this act, the production of wort and non-retail packaged alcohol products necessary for the development, mixing, fermentation, brewing, storage or retail packaging, in whole or any part thereof, shall be allowed to be transferred-in-bond without taxation between charitable collaborating breweries licensed in this state; provided, all such transfers are made in accordance with applicable federal law and regulations, and, provided further, all such products containing alcohol shall bear the specific license number for the approved charitable collaboration brewery. The Oklahoma Tax Commission shall abate taxes upon notice and application and only until the charitable collaboration beer is packaged for purposes of distribution as may be divided, in whole or any part thereof, between the licensed collaborating breweries.
For purposes of this section, "transfer-in-bond" means the movement of alcohol or products containing any percentage of alcohol between licensed bonded brewery facilities without payment of tax.
The Tax Commission and the ABLE Commission may conduct such inspections and audits necessary to maintain strict compliance and record keeping during the development, mixing, fermentation, brewing, storage or retail packaging, in whole or any part thereof, of an approved charitable collaboration beer. The Tax Commission shall promulgate rules and forms to exempt and allow transfer-in-bond in accordance with the provisions of this act and ABLE Commission rules.
Added by Laws 2019, c. 422, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-5-133. Refilling of containers prohibited - Infused drinks requirements.

A. No holder of a mixed beverage, beer and wine, caterer, special event, public event or airline/railroad beverage license shall refill with any substance a container which contained any alcoholic beverage on which the tax levied by Section 104 of this act has been paid.
B. A mixed beverage licensee shall not be prohibited from preparing and selling infused drinks on the licensed premises, provided the licensee complies with this section. "Infusion" is the process in which a distilled spirit has one or more ingredients including but not limited to fruits, vegetables, spices or nuts added to the distilled spirit. Provided, it shall not be lawful for a distilled spirit to be infused with any hallucinogenic substances or to have pure or supplemental caffeine or other stimulants added, including but not limited to guarana, ginseng or taurine. A mixed beverage licensee who prepares and sells infused drinks shall comply with the following requirements:
1. The infusion shall be mixed and stored on the licensed premises;
2. The container that the infusion is stored in cannot exceed five (5) gallons, must have a lid, and be maintained in sanitary condition;
3. The infusion shall not be aged more than fourteen (14) days;
4. The infusion must be used or destroyed within twenty-one (21) days after the end of the aging process;
5. Cleaning reports for the container must be available for inspection by the ABLE Commission; and
6. The container in which the infusion is stored must have a label affixed to the container that provides the production date of the infusion, the base spirit of the infusion, the date the infusion will finish the aging process and the date in which the infusion must be destroyed.
Added by Laws 2016, c. 366, § 136, 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-5-134. Mixed beverage, beer and wine, caterer, public event or special event license holders - Bond required for gross receipts tax liability.

A. Every holder of a mixed beverage, beer and wine, caterer, public event or special event license issued by the ABLE Commission, as a condition precedent to the issuance of a mixed beverage tax permit, shall furnish to the Oklahoma Tax Commission a bond from a surety company chartered or authorized to do business in this state, cash bond, certificates of deposits, certificates of savings or U.S. Treasury bond, or an assignment of negotiable stocks or bonds, as the Tax Commission may deem necessary to secure payment of the gross receipts tax levied upon gross receipts of the licensees.
B. Any surety bond furnished under this section shall be a continuing instrument and shall constitute a new and separate obligation in the sum stated therein for each calendar year or a portion thereof while such bond is in force. Such bond shall remain in effect until the surety or sureties are released and discharged by the Tax Commission.
C. The Tax Commission, or its duly authorized agent, shall fix the amount of such bond or other security for each licensee for each place of business after considering the estimated gross receipts tax liability of such licensee. Such bond shall be no less than an amount equal to the average estimated quarterly gross receipts tax liability and no greater than an amount equal to three times the amount of the average estimated quarterly gross receipts tax liability. The minimum bond required for a new permit holder shall be not less than One Thousand Five Hundred Dollars ($1,500.00).
D. Notwithstanding the provisions of subsection C of this section, if the permit holder has held the permit for at least four (4) years and is not delinquent in the payment of mixed beverage taxes, the Tax Commission shall not require any increase in the bond so long as the permit holder remains current in the payment of such taxes.
E. Any bond or other security shall be such as will protect this state against failure of the taxpayer or licensee to pay the tax levied by Section 108 of this act. The forfeiture or cancellation of such bond or security, for any reason whatsoever, shall automatically revoke the mixed beverage tax permit issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act.
Added by Laws 2016, c. 366, § 137, 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-5-136. Tax discount for mixed beverage tax permit holders.

The mixed beverage tax permit holder or taxpayer may retain one percent (1%) of the tax due and timely reported and paid, in accordance with the provisions of Section 138 of this act, as remuneration for establishing and maintaining the records required by the Oklahoma Alcoholic Beverage Control Act. If such tax becomes delinquent, such taxpayer forfeits his or her claim to the one percent (1%) discount.
Added by Laws 2016, c. 366, § 139, 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-5-137. Possession of alcoholic beverage containers not listed on an invoice - Contraband – Penalties.

A. No mixed beverage, beer and wine, caterer, public event or special event licensee nor any officer, agent or employee of such licensee may possess or permit to be possessed on the premises, for which such license was issued, any container of an alcoholic beverage which is not listed on an invoice from the wholesaler from whom the alcoholic beverage was purchased, unless otherwise permitted by statute.
B. All containers of alcoholic beverages which are on the premises of a mixed beverage, beer and wine, caterer, public event or special event licensee and which are not listed on an invoice from the wholesaler pursuant to the provisions of this section are declared contraband. Any duly authorized employee of the ABLE Commission or the Oklahoma Tax Commission is authorized to seize such containers or cases, and such seized containers or cases shall be subject to confiscation and forfeiture pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act.
C. Any holder of a wholesaler, mixed beverage, beer and wine, caterer, public event or special event license who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor and shall be subject to revocation or suspension of such license issued by the ABLE Commission pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act.
Added by Laws 2016, c. 366, § 140, 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-6-102.1. Serving of tasting flights.

Notwithstanding Section 6-102 of this title, which limits a licensee to serving not more than two drinks to one person at one time, however a licensee may serve and deliver tasting flights.
For purposes of this section, a "tasting flight" means several samples of various beers, wines, spirits, mixed beverages, or cocktails, as defined in Section 7-102 of this title, served at one time to one person by the licensee who is authorized to sell and serve beer, wine or spirits; provided, the serving is within the size limitations stated below:
1. A beer tasting flight shall be not more than four separate individual beers of not more than five (5) ounces each, served together at one time;
2. A wine tasting flight shall be not more than four separate individual wines of not more than one and one-half (1.5) ounces each, served together at one time;
3. A spirit tasting flight shall be not more than four separate individual spirits of not more than one-half (0.5) ounce each, served together at one time; and
4. A mixed beverage or cocktail tasting flight shall be not more than four separate individual mixed beverages or cocktails consisting of not more than five (5) ounces of beer, one and one-half (1.5) ounces of wine, or one-half (0.5) ounce of spirits, to be combined with an unlimited amount of ingredients that are nonalcoholic in nature, served together at one time.
A tasting flight shall not be free samples, but shall be considered a single drink.
Added by Laws 2019, c. 291, § 2, eff. Nov. 1, 2019. Amended by Laws 2023, c. 173, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-6-104. Prohibited acts of wholesaler licensees.

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.
Added by Laws 2016, c. 366, § 144, eff. Oct. 1, 2018. Amended by Laws 2017, c. 364, § 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-6-106. Prohibited acts of bottle club licensees.

No bottle club licensee shall:
1. Use or allow the use of any mark or label on a container of alcoholic beverage which does not clearly and precisely indicate the nature of the contents or which might deceive or conceal the nature, composition, quantity, age or quality of any such beverage;
2. Act as an agent for any bottle club member and purchase any alcoholic beverage for the member;
3. Use or allow the use of any pool system of storage or purchase of alcoholic beverages;
4. Allow any person to enter or remain in the designated bar or lounge area of the club unless that person possesses a valid membership card for that club issued by the club;
5. Sell any alcoholic beverage;
6. Deliver or furnish to any club member any alcoholic beverage that does not belong to the member;
7. Serve alcoholic beverages to any person who does not possess a valid membership card for that club issued by the club;
8. Issue a membership card for the club to a person under twenty-one (21) years of age; or
9. Allow any person under twenty-one (21) years of age to enter into, remain within or loiter about the designated bar area of the licensed premises, except for members of a musical band employed or hired as provided in paragraph 2 of Section 142 of this act when the band is to perform within such area.
The prohibition in this subsection against persons under twenty-one (21) years of age entering or remaining within the designated bar area of the licensed premises shall not apply if the licensed premises are closed to the public during a time the premises are legally permitted to be open for business and the premises are used for a private party at which alcoholic beverages may be served to persons twenty-one (21) years of age or older. Any alcoholic beverages served at a private party on the licensed premises may be purchased from the licensee at a negotiated price or purchased privately and served at the private party on the licensed premises. Any licensee who desires to conduct such a private party shall notify the ABLE Commission, in writing, at least ten (10) calendar days prior to the private party. The notification shall include the date, time and purpose of the private party and any other information the ABLE Commission may deem necessary.
Added by Laws 2016, c. 366, § 146, 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-6-107. Prohibited acts of special event or caterer licensees.

No special event or caterer licensee shall:
1. Purchase or receive any alcoholic beverage other than from a person holding a wine and spirits wholesaler or beer distributor license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act; provided, a special event or caterer licensee may purchase wine produced at small farm wineries or beer produced by a small brewer in this state directly from a winemaker or small brewer as provided in Section 2 of Article XXVIIIA of the Oklahoma Constitution or in this act; or
2. Transport alcoholic beverages from the place of purchase to the licensed premises unless the licensee also holds a private carrier license issued by the ABLE Commission.
Added by Laws 2016, c. 366, § 147, 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-6-110. Prohibited acts on or about commercial premises where intoxicating beverages are dispensed or consumed.

No owner, operator, partner, manager or person having supervisory control of any establishment licensed to sell or serve intoxicating beverages shall permit any of the following on or about any commercial premises where intoxicating beverages are dispensed or consumed:
1. The performance by any person of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are otherwise prohibited by law;
2. The actual intentional touching or caressing or fondling by any person of the breasts, anus or genitals;
3. Any person on the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, buttocks or genitals; or
4. Any person to perform acts of, or acts which simulate, sexual acts which are prohibited by law, or permit any person to use artificial devices or inanimate objects to depict any prohibited activities or permit the showing of films, still pictures, electronic reproductions or other visual reproductions depicting any of the prohibited activities described in this paragraph.
Added by Laws 2016, c. 366, § 150, 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-6-111. Authority to remove persons while making arrests.

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.
Added by Laws 2016, c. 366, § 151, 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-6-112. Damaging or destroying information required on original containers or cases - Misdemeanor.

Any person who erases, removes, obliterates, destroys or renders illegible in any manner any serial numbers, marks, brands, legends, license numbers, case numbers or other information required by the Oklahoma Alcoholic Beverage Control Act or by Acts of Congress to be attached or placed upon any original containers or cases containing alcoholic beverages before the contents of such packages or cases have been entirely removed is guilty of a misdemeanor.
Added by Laws 2016, c. 366, § 152, 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-6-113. Unlawful to possess alcoholic beverages with intent to sell without procuring a license.

It shall be unlawful for any person, firm or corporation to possess any alcoholic beverages with the intent to sell the same without having first procured a license therefor from the ABLE Commission as now provided for by law. All alcoholic beverages found in the possession or under the control of any person or persons, firm or corporation who, on the same date, or within fifteen (15) days prior thereto, has violated Section 153 of this act, shall be seized by the arresting officer and shall be forfeited to the State of Oklahoma, as provided for in Section 167 of this act; provided, property seized by a county or municipal law enforcement officer shall be forfeited to the county or municipality in which the seizure of the property took place, whichever is appropriate, as provided for in Section 167 of this act.
Added by Laws 2016, c. 366, § 153, 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-6-115. Operation of whiskey still with intent to produce alcoholic beverages - Distiller business without distiller's license – Penalties.

Any person who shall operate a whiskey still with intent to produce alcoholic beverages or any person who shall carry on the business of a distiller without possessing a valid and existing distiller's license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be guilty of a felony and upon conviction, be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or by both such fine and imprisonment.
Added by Laws 2016, c. 366, § 155, 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-6-116. False or fraudulent return in connection with any tax imposed by Act – Penalties.

Any person who shall file a false or fraudulent return in connection with any tax imposed by the Oklahoma Alcoholic Beverage Control Act, or willfully evade, or attempt to evade, any tax herein levied shall be guilty of a felony and upon conviction, be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or by both such fine and imprisonment.
Added by Laws 2016, c. 366, § 156, 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-6-117. Engaging in activities or performing transactions or acts without proper license – Penalties.

Any person who shall knowingly engage in any activity or perform any transaction or act for which a license is required under the Oklahoma Alcoholic Beverage Control Act, not having such license, shall be guilty of a misdemeanor and for the first offense, upon conviction, be fined not more than Two Thousand Five Hundred Dollars ($2,500.00) and imprisoned for not less than thirty (30) days nor more than six (6) months, and for a second or subsequent offense shall be guilty of a felony and be fined not more than Two Thousand Five Hundred Dollars ($2,500.00), or imprisoned in the State Penitentiary for not more than one (1) year, or by both such fine and imprisonment.
Added by Laws 2016, c. 366, § 157, 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-6-118. Unlawful selling, delivering, possessing and buying alcoholic beverages – Penalties.

Any person holding a license issued pursuant to the Oklahoma Alcoholic Beverage Control Act who shall sell or deliver alcoholic beverage to any person not entitled to purchase or receive same, except as provided in Section 160 of this act, or who shall possess for sale any alcoholic beverage which he or she is not entitled to sell under the license, or any person who buys any alcoholic beverage, either retail or wholesale, from any person other than a licensed dealer under the terms of the Oklahoma Alcoholic Beverage Control Act, shall be guilty of a misdemeanor and upon conviction, be fined not more than One Thousand Five Hundred Dollars ($1,500.00), or imprisoned in the county jail for not more than six (6) months, or by both such fine and imprisonment.
Added by Laws 2016, c. 366, § 158, 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-6-119. Persons under 21 - Misrepresentation of age to induce persons to sell or serve alcoholic beverages - Entering or attempting to enter package store or bar area - Penalties - Substance abuse prevention program.

A. Any person under twenty-one (21) years of age who shall misrepresent his or her age in writing or by presenting false documentation of age for the purpose of inducing any person to sell or serve him or her alcoholic beverage or issue him or her a bottle club membership card, or who enters or attempts to enter a package store or a separate or enclosed bar area as designated by the ABLE Commission, shall be guilty of a misdemeanor and fined not more than Fifty Dollars ($50.00).
B. In addition, if a person is convicted or pleads guilty to a violation of the provisions of this subsection in any court having jurisdiction over the offense, the court may order the Department of Public Safety to cancel or deny the offender's privilege to operate a motor vehicle and, upon such order, shall require that the operator's or chauffeur's license, if any, be surrendered to the Department pursuant to Section 6-209 of Title 47 of the Oklahoma Statutes. The cancellation or denial period shall be for one (1) year, or until the person reaches twenty-one (21) years of age, whichever is longer.
C. Any person whose driving privileges are ordered cancelled or denied pursuant to this section may petition the court of original jurisdiction for review of the order. Upon notice and hearing, the court may modify or withdraw the order as the court deems appropriate except:
1. A court may not withdraw an order for at least ninety (90) days following the issuance of the order if it is the first such order issued regarding the person named; and
2. A court may not withdraw an order for at least six (6) months following the issuance of the order if it is the second or subsequent such order issued regarding the person named. If the Department receives written notice from the court of original jurisdiction that it has withdrawn such an order, the Department shall immediately reinstate any driving privileges that have been canceled or denied under this section, without requiring payment of a reinstatement fee.
D. In addition to any other penalty provided by law, a person convicted of a violation of the provisions of this section shall be required to complete a substance abuse prevention program conducted by the Department of Mental Health and Substance Abuse Services or a private entity approved by the Department. Such program shall include at least two sessions, each of which shall be not less than two (2) hours in length. The cost of the program shall be paid by the person required to complete the program.
Added by Laws 2016, c. 366, § 159, 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-6-120. Selling, furnishing or giving alcoholic beverages to persons under 21 - Penalties.

A. Any person who shall sell, furnish or give alcoholic beverage to a person under twenty-one (21) years of age shall be guilty of a misdemeanor for a first violation, and upon conviction shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation shall be guilty of a felony, and shall be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or by both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this section.
B. Any person convicted of a violation pursuant to subsection A of this section shall be required to attend a victims impact panel program, as defined in Section 991a of Title 22 of the Oklahoma Statutes.
Added by Laws 2016, c. 366, § 160, eff. Oct. 1, 2018. Amended by Laws 2021, c. 273, § 2, eff. Nov. 1, 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-6-121. Knowingly selling, furnishing or giving alcoholic beverages to insane, mentally deficient or intoxicated persons – Penalties.

Any person who shall knowingly sell, furnish or give alcoholic beverage to an insane, mentally deficient or intoxicated person shall be guilty of a misdemeanor for a first violation, and upon conviction shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation shall be guilty of a felony, and shall be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or by both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this section.
Added by Laws 2016, c. 366, § 161, 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-6-122. Payment of federal tax for liquor dealers prima facie evidence.

The payment of the special tax required of liquor dealers by the United States by any person within this state without a corresponding state license shall constitute prima facie evidence of an intention to violate the provisions of the Oklahoma Alcoholic Beverage Control Act.
Added by Laws 2016, c. 366, § 162, 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-6-123. Selling alcoholic beverages during unauthorized day or hours – Penalties.

Any person selling or keeping a package store open to sell any alcoholic beverage during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act, and any person selling or permitting the sale of alcoholic beverages at a grocery store, convenience store or drug store during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act shall be guilty of a misdemeanor for a first violation, and upon conviction shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation shall be guilty of a felony, and shall be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or by both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this section.
Added by Laws 2016, c. 366, § 163, 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-6-124. Permitting a person to be drunk or intoxicated on licensed premises – Penalties.

Any licensee permitting a person to be drunk or intoxicated on the licensee's licensed premises shall be guilty of a misdemeanor, and upon conviction punishable by a fine in an amount not exceeding One Hundred Dollars ($100.00), by imprisonment in the county jail for a term not more than thirty (30) days, or by both such fine and imprisonment.
Added by Laws 2016, c. 366, § 164, 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-6-125. Violations of Act with no specific penalty – Penalties.

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.
Added by Laws 2016, c. 366, § 165, 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-6-126. Arrest of license holders - Notice to ABLE Commission - 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 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.
Added by Laws 2016, c. 366, § 166, 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-6-128. Order to show cause for witnesses before Commission – Penalties.

A. If a witness in attendance before the Director of the ABLE Commission refuses without reasonable cause to be examined or to answer a legal or pertinent question, or to produce a book, record or paper when ordered to do so by the Director, the Director may apply to the judge of the district court of any county where such witness is in attendance, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing such witness to show cause before the judge who made the order, or any other district judge of the county, why he or she should not be punished for contempt. Upon the return of such order, the judge before whom the matter shall come for hearing shall examine under oath such witness or person, and such person shall be given an opportunity to be heard. If the judge shall determine that such person has refused, without reasonable cause or legal excuse, to be examined or answer a legal or pertinent question, or to produce a book, record or paper which he or she was ordered to bring or produce, the judge may punish the offender as for contempt of court and shall fix the penalty in any sum not less than Two Hundred Fifty Dollars ($250.00) but not to exceed Five Hundred Dollars ($500.00) or require him or her to serve a maximum of thirty (30) days in jail, or by both such fine and imprisonment.
B. Subpoenas shall be served and witness fees and mileage paid as in civil cases in the district court in the county to which such witness shall be called. Witnesses subpoenaed at the instance of the Director shall be paid their fees and mileage by the Director out of funds appropriated by the Legislature. Court costs in the contempt proceedings shall be paid as taxed by the court.
Added by Laws 2016, c. 366, § 168, 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-6-129. Powdered alcohol - Unlawful use, purchase, sale or possession.

A. As used in this section, "powdered alcohol" means alcohol prepared or sold in a powder form for either direct use or reconstitution.
B. It is unlawful for any person or licensee to use, offer for use, purchase, offer to purchase, sell, offer to sell or possess powdered alcohol.
C. It is unlawful for a holder of a license pursuant to the provisions of Title 37A of the Oklahoma Statutes for on-premises or off-premises consumption of alcoholic beverages to use powdered alcohol as an alcoholic beverage.
D. Any person or license holder that violates this section is guilty of a misdemeanor and shall be punished as follows:
1. For a first offense, by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for not more than thirty (30) days or by both;
2. For a second offense, by a fine of not more than Seven Hundred Fifty Dollars ($750.00) or by imprisonment for not more than six (6) months or by both; or
3. For a third or subsequent offense, by a fine of not more than Three Thousand Dollars ($3,000.00) or by imprisonment for not more than two (2) years or by both.
Added by Laws 2017, c. 275, § 2, eff. Oct. 1, 2018.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-7-102. Definitions.

As used in this act:
1. "Cocktail" or "mixed drink" means any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients nonalcoholic in nature, such as fruit juice, lemonade, cream or a carbonated beverage;
2. "Single-serve wine" means a bottle or sealed container, containing seven (7) fluid ounces, or less, of wine;
3. "Original container" means, for the purposes of this act only, a container that is filled, sealed and secured with a tamper-evident lid or cap by the original manufacturer of the mixed drink or by a mixed beverage licensee's or caterer licensee's employee at the mixed beverage licensee's or caterer licensee's location;
4. "Sealed container" means a rigid container that contains a mixed drink, is new, has never been used, has a secured lid or cap designed to prevent consumption without removal of the lid or cap and is tamper evident. Sealed container does not include a container with a lid with sipping holes or openings for straws or a container made of plastic, paper or polystyrene foam; and
5. "Tamper evident" means a lid or cap that has been sealed with tamper-evident covers, including, but not limited to, wax dip or heat-shrink wrap.
Added by Laws 2021, c. 429, § 2. Amended by Laws 2022, c. 373, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-7-103. Requirements.

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 retail licensee who:
a.
is at least twenty-one (21) 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 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; and
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.
Added by Laws 2021, c. 429, § 3. Amended by Laws 2022, c. 373, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-7-105. Delivery or carry out not permitted in certain situations.

Delivery or carry out of a cocktail, mixed drink or single-serve wine is prohibited if:
1. A third party delivers the cocktail, mixed drink or single-serve wine;
2. A container of a mixed drink, cocktail or single-serve wine is not tamper evident and sealed;
3. A container of a mixed drink, cocktail or single-serve wine is transported in the passenger area of a vehicle;
4. A mixed drink, cocktail or single-serve wine is delivered by a person or to a person who is under twenty-one (21) years of age; or
5. The person delivering a mixed drink, cocktail or single-serve wine fails to verify the age of the person to whom the mixed drink, cocktail or single-serve wine is being delivered.
Added by Laws 2021, c. 429, § 5.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-7-106. Licensee responsibility for violations.

Each licensee authorized to deliver cocktails, mixed drinks or single-serve wine to consumers pursuant to this act shall be held responsible for violation of any alcoholic beverage law or rule of the Alcoholic Beverage Laws Enforcement Commission affecting his or her license privileges and for any act or omission of his or her servant, agent, employee or representative in violation of any law, municipal ordinance or administrative rule affecting his or her license privileges.
Added by Laws 2021, c. 429, § 6.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-7-107. Authorized licensees.

This act shall only grant authorization to holders of State of Oklahoma mixed beverage liquor licenses or caterer licenses but not to licensees that simultaneously hold any licensure or privilege to manufacture alcoholic liquors or beverages within or outside of the State of Oklahoma.
Added by Laws 2021, c. 429, § 7.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-8-101. Official Advanced Funds — Purpose.

The Alcoholic Beverage Laws Enforcement (ABLE) Commission is hereby authorized to establish official advanced funds (OAF) for the purpose of supplying its agents with money for enforcement of actions to obtain critical evidence for case presentations. The amount of the OAF shall not exceed Five Thousand Dollars ($5,000.00), and the ABLE Commission is authorized to prescribe forms, systems, and procedures for its administration. The OAF may be reimbursed from time to time by the filing of proper claims, accompanied by valid receipts for expenditures made.
Added by Laws 2023, c. 227, § 1, eff. Nov. 1, 2023.