reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-149. Written notice of denial, suspension or revocation of licenses.

In the case of denial of an application for an original license, the ABLE Commission shall give written notice to the applicant either by registered mail directed to the applicant's last-known address or by delivery, stating the reason for such denial. If the ABLE Commission proposes to deny renewal of any license or to suspend or revoke a license, it shall give written notice to the licensee addressed to the licensed premises by registered mail, by personal delivery or by posting of the notice on the outside entrance to the licensed premises, notifying the licensee of such contemplated denial, suspension or revocation, and of the time and place at which the licensee may be accorded a hearing before the ABLE Commission on the matter, which time shall not be less than fifteen (15) days from the date of mailing, delivery or posting of such notice. Such notice shall set forth the grounds for the proposed denial, suspension or revocation. The ABLE Commission may delegate any part of this function to the Director, but any person aggrieved by any order shall have the right to be heard by the ABLE Commission and the ABLE Commission shall provide adequate procedure to protect the right of persons desiring to do so.
Added by Laws 2016, c. 366, § 61, 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-2-150. Hearing for aggrieved person.

Any person aggrieved by the action of the ABLE Commission in denying an application for an original license may, within fifteen (15) days after receipt of notice thereof, file with the ABLE Commission written request for a hearing, and the ABLE Commission shall, pursuant to such request, set a time and place for a hearing on a denial of an application for an original license. At the time and place set in a notice by the ABLE Commission of contemplated denial of the renewal of a license or of a proposed suspension or revocation of a license, the ABLE Commission shall afford the applicant or the licensee an opportunity to be heard and to present evidence in the applicant's or licensee's behalf. The hearing shall be conducted within fifteen (15) days after receipt of the request by the ABLE Commission. In the conduct of any such hearing, the ABLE Commission shall have power to administer oaths, examine witnesses and subpoena records and documents pertaining to the issues involved. Upon request of and at the expense of the aggrieved party, the ABLE Commission shall make or cause to be made a complete record of all testimony and other evidence taken or introduced at such hearing. Within fifteen (15) days after conclusion of any such hearing, unless the time shall be extended by the parties thereto in writing, the ABLE Commission shall enter an order affirming or modifying its denial of an original application, an order dismissing its notice of contemplated denial of renewal of license or affirming same, or an order dismissing its notice of contemplated suspension or revocation of a license or an order suspending or revoking same. The ABLE Commission shall, by written notice mailed to the applicant or licensee by certified mail or by delivery in person to the applicant or licensee, or the applicant's or licensee's attorney of record, advise of its action pursuant to the hearing.
Added by Laws 2016, c. 366, § 62, 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-2-151. Commission authority to conduct initial hearing.

The ABLE Commission shall have the authority to conduct an initial hearing when a hearing is required by law. The Director of the ABLE Commission may employ such hearing officers and assistants as are necessary to conduct the hearings. If a hearing is conducted by a hearing officer, the hearing officer shall issue a report to the ABLE Commission. The report of the hearing officer shall include findings of fact and conclusions of law. Notice of the recommendation of the hearing officer shall be sent to the last-known address of the licensee. If the licensee disagrees with the recommendation of the hearing officer, the licensee may request a hearing before the ABLE Commission for a review of the record. If the licensee fails to request a review of the record within fifteen (15) days after the date of the notice of the hearing officer's decision, the recommendation of the hearing officer shall become a final order of the ABLE Commission. A failure to request a review of the record by the ABLE Commission in a timely manner shall constitute a failure to exhaust administrative remedies.
Added by Laws 2016, c. 366, § 63, 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-2-152. Appeal from order of Commission - District court appeal - Supreme Court appeal.

Within thirty (30) days after a final order of the ABLE Commission, pursuant to a hearing as provided in Section 62 of this act, an applicant or licensee may appeal from the order of the ABLE Commission to the district court of the county in which the premises licensed or sought to be licensed are located. At the time of filing such an appeal, the party appealing shall give bond for costs assessed against such party. The appeal shall be taken by filing with the clerk of the district court of the proper county a written notice stating that the party appeals from the action of the ABLE Commission and stating the pertinent grounds on which the appeal is founded. Such appeal shall consist of a hearing and review of the record only as set forth in the Administrative Procedures Act. The district court may affirm, reverse or modify the order of the ABLE Commission and shall issue its order within sixty (60) days after the appeal is heard. Appeals may be taken from a final order of the district court to the Supreme Court by the applicant, licensee or by the ABLE Commission. The ABLE Commission shall not be required to give bond on appeal. The licensee may file a supersedeas bond in an amount to be fixed by the ABLE Commission staying the order until the final determination of all issues on an appeal but the order of the ABLE Commission may not be stayed unless ordered by the judge of the district court. Permission to stay the order of the ABLE Commission shall not be granted by any court unless an application therefor be made in the written notice of the applicant's or licensee's intention to appeal from the order of the ABLE Commission, and then only after a hearing before the court upon notice to both parties wherein the court determines by a preponderance of the evidence that in denying a license or in ordering the suspension or a revocation of a license, the ABLE Commission acted without legal cause or upon insufficient evidence. Provided, that in all cases where the order of the ABLE Commission is stayed by a supersedeas bond and the licensee is unsuccessful in the appeal, and the action of the ABLE Commission becomes final, such bond shall be forfeited to the State of Oklahoma by the court considering such appeal if the court finds that the appeal was frivolous or was filed for the purpose of delaying the effect of the order. In such event, the Attorney General shall commence legal proceedings in the name of the State of Oklahoma to recover the amount of the bond, which money shall be placed to the credit of the General Revenue Fund of the state.
Added by Laws 2016, c. 366, § 64, 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-2-153. Nature of licenses - Deceased, bankrupt or incompetent licensees - Application to transfer license.

Any license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be a purely personal privilege. It shall not constitute property nor be subject to attachment, garnishment or execution, or be alienable or transferable, either voluntarily or involuntarily; nor shall it descend by the laws of descent and distribution, but shall cease upon the death of the licensee. Provided, the ABLE Commission, under such regulations and subject to such restrictions as it may prescribe, may permit the executors or administrators of the estate of any deceased licensee, or the trustees of an insolvent or bankrupt licensee, or the legal guardian of a licensee who has been adjudged to be incompetent or insane, to exercise the privileges under any license held by such person for such period as the ABLE Commission may deem equitable during the administration of the deceased or bankrupt licensee's estate, but not to exceed two (2) years. A license may not be transferred to a new location, except upon application to the ABLE Commission and endorsement on the license by the ABLE Commission showing the new location. An application for transfer of license shall be accompanied by a certificate reflecting, as to the proposed new location, compliance with municipal zoning ordinances or county zoning regulations and municipal or county fire, safety and health codes as required by Section 54 of this act. A mixed beverage or bottle club licensee who transfers the license to a new location shall pay a transfer fee of One Hundred Dollars ($100.00) to the ABLE Commission.
Added by Laws 2016, c. 366, § 65, 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-2-154. Display of license.

All licenses issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be displayed in a conspicuous place at all times on the licensed premises. No licensee may consent to or allow the use or display of the license by a person other than the person to whom the license was issued. No person may use a license or exercise any privileges granted by the license except at the place, address, premises or location for which the license is issued, except as otherwise provided by the Oklahoma Alcoholic Beverage Control Act.
If the mixed beverage, caterer, public event or bottle club license for a licensed premises is suspended or revoked by the ABLE Commission, all other licenses issued by the ABLE Commission for such premises shall cease to be valid. If a mixed beverage, caterer, public event or bottle club license is suspended or revoked for any licensed premises, this shall not invalidate licenses held by the licensee for other licensed premises.
Added by Laws 2016, c. 366, § 66, 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-2-155. Sale or transfer of financial interest in a licensed premises by mixed beverage or on-premises beer and wine licensees.

A. If a mixed beverage licensee sells or otherwise transfers the licensee's financial interest in a licensed premises to another party who obtains a mixed beverage license for the premises, any alcoholic beverages on the premises may be transferred to the new licensee. Provided, if the premises are not in continuous operation as a mixed beverage establishment prior to and during the transfer of financial interest in the premises, the transfer of alcoholic beverages shall be limited to alcoholic beverages in the original container which have not been opened and which have not had the seal broken and the original cap or cork removed.
B. If an on-premises beer and wine licensee sells or otherwise transfers the licensee's financial interest in a licensed premises to another party who obtains an on-premises beer and wine license for the premises, any beer and wine on the premises may be transferred to the new licensee. Provided, if the premises are not in continuous operation as a beer and wine establishment prior to and during the transfer of financial interest in the premises, the transfer of beer and wine shall be limited to beer and wine in the original containers which have not been opened and which have not had the seal broken and the original cap or cork removed.
C. There shall be no liability on the part of, and no cause of action of any nature shall arise against the ABLE Commission for the contents of any alcoholic beverages transferred pursuant to the provisions of this section.
Added by Laws 2016, c. 366, § 67, 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-2-156. Restrictions on licenses and ownership interest in package stores - Spousal interests - Package store sales.

A. No retail spirits license shall be issued to a corporation, limited liability company or similar business entity. No person may own any interest in more than two package stores; provided, a spouse of a retail spirits license holder may hold a separate interest in up to two (2) package stores. For the purpose only of establishing whether or not a person owns an interest in more than one package store, any person having a beneficial interest in any package store shall be deemed to be a partner in the package store except that the spouse of any retail spirits license holder or partner shall not be deemed to be a partner or have a beneficial interest in a package store unless his or her name appears on the license. A beneficial interest shall be any interest that benefits from any sales or profits of the package store.
B. For purposes of this section, any spouse of a retail spirits license holder shall not hold another license provided for pursuant to the Oklahoma Alcoholic Beverage Control Act, except a retail wine license, retail beer license, on-premises beer and wine license, mixed beverage license, a caterer's license or a retail spirits license.
C. Package stores licensed under the Oklahoma Alcoholic Beverage Control Act may sell only alcoholic beverages in retail containers as defined in Section 1-103 of this title, in the original package for consumption off the premises; provided, that package stores licensed under the Oklahoma Alcoholic Beverage Control Act that are also mixed beverage licensees shall not be prohibited from the exercise of the authorities granted them by Section 2-110 of this title. All retail sales shall be made on the licensed premises and all deliveries off the premises, at retail, of intoxicating liquor or beer are hereby prohibited. Provided, a holder of a Retail Spirits License shall be permitted to sell at retail any item that may be purchased at a grocery store or convenience store, as defined by law, except for motor fuel, so long as the sale of items other than alcoholic beverages do not comprise more than twenty percent (20%) of the holder's monthly sales.
Added by Laws 2016, c. 366, § 68, eff. Oct. 1, 2018. Amended by Laws 2017, c. 76, § 1, eff. Oct. 1, 2018; Laws 2019, c. 424, § 3, eff. Nov. 1, 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-2-158. Suspension of licenses by Governor in cases of natural disaster or civil disturbance.

In case of natural disaster or civil disturbance the Governor may, for the duration of such natural disaster or civil disturbance thereof, immediately suspend without notice any license granted under the provisions of the Oklahoma Alcoholic Beverage Control Act.
Added by Laws 2016, c. 366, § 70, 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-2-159. Complimentary beverage license.

A complimentary beverage license shall authorize the holder thereof: To provide, free of charge for on premises consumption only, no more than two alcoholic beverages containing spirits, twelve (12) ounces of wine, or twenty-four (24) ounces of beer per day, to a guest or client who is twenty-one (21) years of age or older. This license shall not be issued to a business which possesses any other form of license issued by the ABLE Commission, except for event-type licenses. Complimentary beverage licenses shall only be issued to a business located in a building or structure that has a permanent physical address. This license shall only be issued to businesses which involve retail sales or provide services to its clients including, but not limited to, furniture stores, art studios, nail salons, hair salons, cigar stores, clothing stores, bridal shops or business support services. A chamber of commerce, main street, economic development authority, vocational trade school, higher education college or similar organization promoting economic development or an organization that is exempt from taxation pursuant to the provisions of subsection (c) of Section 501 of the United States Internal Revenue Code shall also qualify for a complimentary beverage license. A business whose patronage is primarily persons under the age of eighteen (18), is a restaurant or a business that provides adult entertainment shall not qualify for a license. Upon issuance of the license, the business shall purchase all of its alcoholic beverages from a brewer, winemaker, retail spirit, retail beer, or retail wine licensee and will become a licensed premise subject to inspection by any ABLE Commission agent or any other peace officer, pursuant to Section 5-115 of Title 37A of the Oklahoma Statutes. Employees who serve the alcoholic beverage shall be twenty-one (21) years of age or older and shall not be required to obtain an employee license. A complimentary beverage license shall not be used in lieu of a mixed beverage, caterer, brew pub, brewer, public event, special event, beer and wine, or charitable event license. This license is an annual license and renewable on an annual basis.
A chamber of commerce, main street, economic development authority, vocational trade school, higher education college or similar organization promoting economic development shall be exempt from the permanent location requirement and permitted to utilize the license at other locations within the city in which they are located or on their campus for member recruitment, education and development of new business functions.
The holder of an Oklahoma winery or brewers license may serve free samples and offer for sale sealed product for off premises consumption at temporary tastings on the premises of a complimentary beverage licensee.
Added by Laws 2019, c. 185, § 1, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-160. Satellite tasting room license.

A satellite tasting room license shall authorize the holder of a small farm winery license or winemaker license to operate no more than two satellite locations in addition to his or her licensed premises for the purpose of providing tastings, samples and retail sales for on-premises or off-premises consumption to consumers over twenty-one (21) years of age; provided the wine tasted, sampled or sold shall have been produced/manufactured by the holder of a small farm winery or winemaker license and shall have all manufacturing taxes paid.
The holder of a small farm winery license or winemaker license must obtain approval for each satellite location from the city, town or municipality before submitting the application to the ABLE Commission. The fee for licensing each satellite location will be One Hundred Dollars ($100.00) annually.
The small farm winery licensee or winemaker licensee operating a satellite tasting room must keep such license in good standing and is liable for any violation committed on the premises of its satellite tasting rooms. Employees and managers of the satellite tasting room must be trained in alcohol handling, laws and regulations and hold a current alcohol servers license and must be over twenty-one (21) years of age.
For purposes of this section, the term "tasting or tastings" means the serving of free samples of the winemaker's products not to exceed more than a total of six (6) fluid ounces of wine per person aged twenty-one (21) years or older per day, or the serving of the winemaker's products by individual drink purchased by the consumer for on-premises consumption, or the retail sale of the winemaker's products in sealed containers to an on-premises customer for off-premises consumption, or any combination thereof.
Added by Laws 2019, c. 420, § 5, eff. Nov. 1, 2019.
NOTE: Editorially renumbered from § 2-159 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-162. Off-site event license – Application.

A. A brewer, small brewer, or small farm winery licensee shall be authorized to host an off-site event following the submission and approval of an application to the ABLE Commission. The licensee shall only be authorized to sell for consumption at the off-site event alcoholic beverages authorized for sale under the licensee’s respective license. The licensee shall be limited to hosting four (4) off-site events per year.
B. The application shall include, but not be limited to, the location of the off-site event with a designated area within the location designed to provide an exclusive space which may be limited to the public and a designated point of access for a patron or patrons specifically granted access to ensure that persons present in the designated area are above twenty-one (21) years of age. The Commission may prescribe a filing fee for each off-site event application not to exceed Twenty-five Dollars ($25.00).
C. The ABLE Commission shall promulgate rules necessary for the implementation of this section.
Added by Laws 2023, c. 338, § 1, emerg. eff. June 7, 2023.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-3-102. Commission authority to promulgate rules.

The ABLE Commission is authorized to promulgate such rules with respect to packaging, marking, branding and labeling of alcoholic beverages sold or possessed for sale within this state, including such rules:
1. As will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statement relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matter as the ABLE Commission finds likely to mislead or confuse the consumer;
2. As will provide the consumer with adequate information as to the identity and quality of the products, the net contents of the package, and the manufacturer, brewer or importer of the product; and
3. As will prohibit statements on the label that are false, misleading, obscene or indecent.
The ABLE Commission may promulgate, in whole or in part, or with such modification as it deems desirable, rules of the federal government relating to labeling of distilled spirits promulgated under the Federal Alcohol Administration Act (27 U.S.C. 205).
Added by Laws 2016, c. 366, § 72, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 12, emerg. eff. May 7, 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-3-103. Filing of rules by Commission - Notice of license applicants to be sent to municipalities or county commissioners, county sheriff, district attorney and chief of police.

All rules of the ABLE Commission shall be promulgated and filed pursuant to the provisions of the Administrative Procedures Act, and also shall be filed with the Secretary of State and the State Librarian pursuant to the provisions of Sections 251 through 253 of Title 75 of the Oklahoma Statutes. Copies of all rules shall be made available to each county clerk, district attorney, sheriff and chief of police in the state upon request.
The ABLE Commission shall send a notice of application for a license to sell alcohol, alcoholic beverage, wine or beer under the Oklahoma Alcoholic Beverage Control Act to the district attorney of the county wherein the premises is located at least fifteen (15) days prior to the approval or disapproval of the application.
For any applicant for a license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act whose place of business for which the license is being sought is located in a city or town, the ABLE Commission shall mail a notice of application to the chief of police of the city or town, the sheriff of the county in which the city or town is located, and the district attorney of the county in which the city or town is located. The city or town may make recommendations on whether or not the applicant should be issued a license by the ABLE Commission within twenty (20) days after the date the copies of the application were mailed.
For any applicant for a license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act whose place of business for which the license is being sought is located outside of the incorporated boundaries of a city or town, the ABLE Commission shall mail a notice of application to the board of county commissioners of the county in which the place of business is located, the sheriff of the county and the district attorney of the county. The board of county commissioners shall make recommendations on whether or not the applicant should be issued a license by the ABLE Commission within twenty (20) days after the date the copies of the application were mailed.
Any political subdivision which is entitled to notice of an application for a license shall be considered an interested party to the proceeding and shall be given notice of any issuance of license. The political subdivision shall be entitled to appeal any such issuance in the same manner as the applicant would be entitled to appeal a denial of the license application.
Added by Laws 2016, c. 366, § 73, eff. Oct. 1, 2018. Amended by Laws 2018, c. 212, § 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-3-105. Wineries - Shipping to other states - Monthly report of shipments.

A. Oklahoma wineries may ship products manufactured in the state to consumers in other states, so long as the recipient is of legal age and the laws of the recipient's state allow such shipments.
B. Oklahoma wineries that ship products to consumers in other states shall submit a monthly report of all shipments to the ABLE Commission. The report shall contain the name, address and age of the recipient and shall list the common carrier used to ship the product. The contents of the reports shall be a matter of public record and shall be made available to the public as well as any law enforcement or regulatory official in Oklahoma or another state. The manufacturer shall also keep a copy of all such reports on its premises for a period of not less than five (5) years and shall make those reports available for inspection by any law enforcement officer of any state or federal agency upon request.
Added by Laws 2016, c. 366, § 75, 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-3-107. Scope of statutory regulation for sales and distribution of designated brands of beer.

A. In order to provide for regulation of the sales and distribution of beer in this state by the ABLE Commission, this Legislature hereby declares it is necessary to implement the section.
B. Statutory regulation of the sales and distribution of designated brands in designated territories by distributors shall include but not be limited to:
1. A requirement for written distributor agreements between a brewer and distributor designating a specific territory within which the distributor may sell the designated brands of the brewer;
2. Provisions for prohibited acts applicable to the distributor and brewer; and
3. Provisions for penalties for violations.
Added by Laws 2016, c. 366, § 77, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 13, emerg. eff. May 7, 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-3-109. Transportation of beer only by marked conveyances owned or leased by licensed distributor or its employees.

In order to regulate distribution of beer in this state and assure collection of all applicable taxes and fees, all beer sold in this state by a licensed distributor shall only be transported within this state to the licensed address and location of a licensed retailer or between the licensed addresses and locations of licensed retailers by marked conveyances owned or leased by a licensed distributor or its employees.
Added by Laws 2016, c. 366, § 79, eff. Oct. 1, 2018. Amended by Laws 2023, c. 94, § 2, emerg. eff. April 26, 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-3-112. Operation and maintenance conditions for brew pubs.

The operation and maintenance of a brewpub is subject to the following conditions:
1. No person shall be permitted to own or operate a brewpub without first paying the required fees set forth in Section 13 of this act and obtaining a proper brewpub license from the ABLE Commission in the manner provided in the Oklahoma Alcoholic Beverage Control Act;
2. Each brewpub licensee shall comply with all other applicable state and local license and permit requirements; and
3. In order to qualify for a brewpub license, a brewer or manufacturer must meet the definition of a small brewer.
Added by Laws 2016, c. 366, § 82, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 16, emerg. eff. May 7, 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-3-113. Small brewers - Sales to licensed distributors or retailers - Direct sales to consumers.

A. A small brewer is authorized to sell to either licensed distributors or retailers. A small brewer shall elect whether it will distribute through a distributor or self-distribute to retailers; however, a small brewer may not elect to do both simultaneously. The election shall be made through notice to the ABLE Commission. Any changes to the election require immediate notification to the ABLE Commission before the change in election will take effect. A small brewer that elects to use a distributor shall be subject to the terms and conditions of the Oklahoma Alcoholic Beverage Control Act.
B. As a condition to the issuance of a Small Brewer License, such small brewer shall pay the annual fees as set forth in Section 13 of this act and shall qualify with the Secretary of State of the State of Oklahoma for a permit to do business within the State of Oklahoma.
C. A small brewer may sell directly to consumers in this state if it is the holder of a brewpub license. A licensed small brewer may serve free samples of beer produced by the small brewer in this state to visitors twenty-one (21) years of age or older. Samples may only be distributed or consumed between 10:00 a.m. and 2:00 a.m. Samples of beer served by a small brewer under this section shall not be considered a "sale" of beer within the meaning of Article XXVIIIA of the Oklahoma Constitution or the Oklahoma Alcoholic Beverage Control Act. However, such samples of beer shall be considered beer removed or withdrawn from the small brewer for "use or consumption" within the meaning of this title for excise tax determination and reporting requirements.
Added by Laws 2016, c. 366, § 83, 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-3-114. Resale of beer restrictions for retailers - Violations – Penalties.

A. This section applies to all retailers authorized to sell beer for consumption off the premises.
B. The holder of a retail beer or retail spirits license may resell beer only in the packaging in which the holder received the beer or may resell the contents of the packages as individual containers.
C. Except for purposes of resale as individual containers, the licensee shall not:
1. Mutilate, tear apart or cut apart original packaging in which beer was received; or
2. Repackage beer in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
D. The ABLE Commission shall impose the following penalties for a violation of subsection B or C of this section:
1. After notice and hearing, immediately revoke the license of the licensee committing the violation; and
2. Impose a fine of not more than One Thousand Dollars ($1,000.00) for each violation.
Any licensee whose license is revoked pursuant to this subsection shall not be eligible to reapply for a license for at least three (3) months from the date of the revocation. Any stock of beer in undamaged original packaging in the possession of such licensee shall be repurchased by the distributor as long as the repurchased inventory falls within the date considered by the brewer of the product to be appropriate for sale to a consumer.
E. Administrative fines collected pursuant to this section shall be enforceable in the district courts of this state. All administrative fines collected by the ABLE Commission pursuant to this section shall be forwarded to the State Treasurer for deposit in the General Revenue Fund.
Added by Laws 2016, c. 366, § 84, 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-3-115. Withdrawal of beer from retailer's stock.

A. To assure and control quality, a beer distributor or a holder of a small brewer self-distribution license or brewpub self-distribution license, at the time of a regular delivery, may withdraw with the permission of the retailer, a quantity of beer or cider in undamaged original packaging from the retailer's stock if:
1. The beer distributor or holder of a small brewer self-distribution license or brewpub self-distribution license replaces the stock with beer or cider of equivalent value brands, quantities, packaging and alcohol by volume as the beer or cider withdrawn; or
2. The stock is withdrawn before the date, or immediately after the date, considered by the brewer of the product to be the date the product becomes inappropriate for sale to a consumer.
B. The provisions of this section shall not apply to beer or cider that:
1. Has suffered damage at the retail licensee's location, regardless of the date upon which the product becomes inappropriate for sale to a consumer. Beer distributors, small brewer self-distributors and brewpub self-distributors are prohibited from giving a refund for or replacing beer or cider that was damaged while in the possession of the retail licensee. Retail licensees are prohibited from requesting or requiring the beer distributor, small brewer self-distributor and brewpub self-distributor to remove such damaged product as a condition of continued business with the retail licensee; or
2. Has a date for recommended use that expired prior to October 1, 2018. Retail licensees and brewers are prohibited from requesting or requiring the beer distributor, small brewer self-distributor and brewpub self-distributor to remove such expired beer or cider as a condition of continued business with the retail licensee or brewer.
C. A consignment sale of beer is not authorized under this section.
Added by Laws 2016, c. 366, § 85, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 17, emerg. eff. May 7, 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-3-116.2. Designated wholesalers or beer distributors - Posting requirements.

A. In the event a manufacturer has designated a wine and spirits wholesaler or a brewer has designated a beer distributor pursuant to subsection B of Section 3-116 of this title to sell its product in the state, the wine and spirits wholesaler shall comply with the following posting requirements: The wine and spirits wholesaler or beer distributor appointed pursuant to subsection B of Section 3-116 of this title shall submit its line-item price posting for that product no later than the fifteenth day of each month. If the fifteenth day of the month falls on a Saturday, Sunday or a holiday then the wine and spirits wholesaler shall submit its price posting on the next business day. The price posting submitted by the wine and spirits wholesaler shall list the line-item price, handling cost, transportation cost and any other costs that may be associated with the sale or delivery of that item. All prices shall become effective on the first business day of the month following posting and shall remain in effect and unchanged in one-month increments. No change or modification of the posted price shall be permitted except upon written permission from the ABLE Commission based on good cause shown.
B. This section shall not apply unless a product has been designated by a manufacturer for distribution by a single wine and spirits wholesaler in the state or by a brewer for distribution by a beer distributor pursuant to subsection B of Section 3-116 of this title.
Added by Laws 2017, c. 364, § 19, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 20, emerg. eff. May 7, 2019.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-3-116.3. Wholesalers - Electronic publishing of price catalog.

A. On the first business day of every month, every wine and spirits wholesaler shall electronically publish and distribute its price catalog to the ABLE Commission, to all licensees who have purchased alcoholic beverages from the wine and spirits wholesaler within the past sixty (60) days, and to any on-premises or off-premises licensee who requests an electronic copy of the same. Every price catalog shall contain the sales price of every item offered for sale by brand name, size, proof and type of alcoholic beverage, as well as any transportation, handling and other charges to be assessed for the delivery of the products. In addition, every price catalog shall contain the effective date of the price catalog, as well as the name, physical address, office phone number and facsimile number of the wine and spirits wholesaler.
B. The wine and spirits wholesaler shall not alter or modify its price catalog without the prior written consent of the ABLE Commission for good cause shown. The ABLE Commission may also approve a modification to a wine and spirits wholesaler's price catalog in the event a manufacturer is allowed to change the price of a product within the posting period. For designated products, the price amendment shall become effective on the first business day of the following calendar week. For nondesignated products, the price amendment shall become effective on the first day of the second month of the sixty-day posting period. The wine and spirits wholesaler shall publish and distribute all approved price amendments consistent with the requirements set forth in subsection A of this section.
Added by Laws 2017, c. 364, § 20, eff. Oct. 1, 2018.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-3-116.4. Top brand products – Offered to all wholesalers without discrimination.

Any wine or spirit product that constitutes a top brand, as defined in this section, shall be offered by the manufacturer for sale to every licensed wine and spirits wholesaler who desires to purchase the same on the same price basis and without discrimination or inducements. "Top brand" shall mean those brands constituting the top twenty-five brands in total sales of spirits and of wine by all wholesalers during the past twelve-month period, according to the records of the ABLE Commission as revised by the ABLE Commission quarterly. In order to allow the ABLE Commission to determine the top twenty-five brands of spirits and of wine, all wholesalers must submit to the ABLE Commission every sixty (60) days a sworn affidavit listing their top thirty brands of spirits and of wine in sales for the previous sixty (60) days, excluding sales to wholesalers. Wholesalers who choose to purchase any top-brand wine or spirits product shall comply with the line-item price posting requirements of Section 3-116.2 of Title 37A of the Oklahoma Statutes. Any pricing amendment to which the ABLE Commission provides its written consent in accordance with Section 3-116.3 of Title 37A of the Oklahoma Statutes shall become effective on the first business day of the following week.
Added by Laws 2019, c. 353, § 2.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-3-117. Sale of alcoholic beverages packaged with nonalcoholic promotional items.

A. A retailer may offer for sale and sell alcoholic beverages which are packaged or are to be packaged with nonalcoholic promotional items, if such packaging and all nonalcoholic promotional items are provided by the manufacturer or brewer or agent of the manufacturer or brewer at the expense of the manufacturer or brewer or agent of the manufacturer or brewer, regardless of where such packages are assembled.
B. The manufacturer or brewer or agent of the manufacturer or brewer may provide such packaging and any nonalcoholic promotional items to the retailer at the retailer's premises, or otherwise, and may deliver such packaging and all nonalcoholic promotional items provided by the manufacturer or brewer or agent to the retailer by means of common carrier, or otherwise, at no expense to the retailer, for the retailer to incorporate the alcoholic beverage product of the manufacturer or brewer into the manufacturer's or brewer's packaging or with such promotional items.
C. The manufacturers and brewers of alcoholic beverages, through their agents, must make access to the packaging for such alcoholic beverages with nonalcoholic promotional items available equally to retailers in this state. Such access to the promotional packaging is subject to the reasonable supplies of such packaging and subject to the terms of the manufacturer's or brewer's promotion. Such access to the manufacturer's or brewer's packaging by the retailers shall be commensurate to the needs of the retailers based on the stock of the manufacturer's or brewer's product carried by the retailer. The manufacturers and brewers shall only be required to carry reasonable supplies of such promotional packages and shall make a good faith effort to ratably distribute such packaging or items to those retailers who desire such packaging or items.
Added by Laws 2016, c. 366, § 87, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 21, emerg. eff. May 7, 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-3-118. Retail sales of alcoholic beverages - Minimum price markup – Exceptions.

No alcoholic beverages intended for off-premise or on-premise consumption shall be sold at retail for less than a six percent (6%) markup, unless the sale meets one or more of the following conditions:
1. Where seasonable merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such;
2. Where merchandise is imperfect or damaged or is being discontinued and is advertised, marked and sold as such;
3. Where merchandise is sold upon the final liquidation of any business;
4. Where merchandise is sold for charitable purposes or to relief agencies;
5. Where merchandise is sold on contract to departments of the government or governmental institutions;
6. Where merchandise is sold by any officer acting under the order or direction of any court; or
7. Where merchandise is sold at any bona fide auction sale.
Added by Laws 2016, c. 366, § 88, 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-3-120. Business interests prohibited for beverage, beer and wine, caterer, public event or bottle club licensees.

No mixed beverage, beer and wine, caterer, public event or bottle club licensee, partner in any type of partnership, manager or member of a limited liability company, officer, director or stockholder of any corporate licensee owning more than fifteen percent (15%) of the stock shall have any right, title, lien, claim or interest, financial or otherwise in, upon or to the premises, equipment, business or merchandise of any package store, beer distributor, brewer, manufacturer or wholesaler. The provisions of this section shall not prohibit a person who is an officer or director of a fraternal or veteran's organization which is a tax exempt organization under Section 501(c)(8),(10) or (19) of the Internal Revenue Code and which holds a license issued by the ABLE Commission from having a right, title, lien, claim or interest in the premises, equipment, business or merchandise of a package store.
Added by Laws 2016, c. 366, § 90, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 23, emerg. eff. May 7, 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-3-121. Business interests in mixed beverage, beer and wine, caterer, public event or bottle club prohibited for manufacturer, wine and spirits wholesaler, beer distributor and others.

No manufacturer, brewer, wine and spirits wholesaler, beer distributor, partner in any type of partnership, manager or member of a limited liability company, or officer, director or stockholder of any nonresident seller, brewer, or manufacturer licensee, owning more than fifteen percent (15%) of the stock shall have any right, title, claim or interest, financial or otherwise in, upon or to the premises, equipment, business or merchandise of any mixed beverage, beer and wine, caterer, public event or bottle club licensee.
Added by Laws 2016, c. 366, § 91, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 24, emerg. eff. May 7, 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.