2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-104. Creation and purpose of ABLE Commission - Members - Interim licenses.

A. The Alcoholic Beverage Laws Enforcement Commission created in Section 1 of Article XXVIII of the Oklahoma Constitution is hereby re-created. The purpose of the Commission shall be to enforce the alcoholic beverage laws of the state, and the Commission shall have such power and authority to enforce such laws, rules and regulations as shall be prescribed by the Oklahoma Alcoholic Beverage Control Act.
B. The Commission shall consist of seven (7) members, to be appointed by the Governor with the advice and consent of the State Senate; provided, members serving on October 1, 2017, shall continue to serve until such time as their terms would have expired pursuant to the provisions of Section 1 of Article XXVIII of the Oklahoma Constitution. Five of the members shall be at-large members representing the lay citizenry. The remaining two members shall be persons with law enforcement experience in this state. Any time there is a vacancy on the Commission, the Governor shall appoint a replacement, with the advice and consent of the State Senate, within ninety (90) days.
C. Members of the Commission shall be appointed for a term of five (5) years.
D. No more than four members of the Commission shall be appointed from the same political party. No more than two members of the Commission shall be appointed from the same federal congressional district.
E. No member of the Commission shall hold any license authorized by the Oklahoma Alcoholic Beverage Control Act, or have any interest in any capacity, in the manufacture, sale, distribution or transportation of alcoholic beverages.
F. The members of the Commission shall be removable from office for cause as other officers not subject to impeachment.
G. The Commission shall appoint a Director, whose duties shall be defined as provided in Section 1-108 of this title.
H. The State of Oklahoma shall take all necessary steps to ensure the timely implementation of Enrolled Senate Joint Resolution No. 68 of the 2nd Session of the 55th Oklahoma Legislature, if approved by the voters. Consistent with this objective, the ABLE Commission shall have the power to issue interim licenses prior to October 1, 2018, as follows:
1. Except for the sale of wine or beer to the public, an interim license shall allow all qualified retail wine and retail beer licensees to perform all activities permissible under a full license including but not limited to purchasing, stocking and storing the wine and/or full-strength beer prior to October 1, 2018. In order to qualify for an interim license, the licensee must satisfy all the requirements set forth in Article XXVIII-A of the Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control Act. This interim license shall convert to a full license on October 1, 2018;
2. Package stores may install refrigerated coolers for the storage of beer and wine prior to October 1, 2018, provided the refrigerated coolers shall not be used to cool product below room temperature prior to October 1, 2018; and
3. An interim license shall allow all qualified wine and spirits wholesalers and beer distributors to perform all activities permissible under a full license including but not limited to selling and delivering wine and/or full-strength beer to all qualified retail wine and retail beer licensees. A wine and spirits wholesaler that has been designated by a manufacturer as a distributor of its wine or spirits may post those designated products by line-item, consistent with Section 3-116.2 of this title, on September 15, 2018, for sale effective October 1, 2018. In order to qualify for an interim license, the wine and spirits wholesaler and beer distributor must comply with the provisions set forth in Article XXVIII-A of the Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control Act. The interim license shall convert to a full license on October 1, 2018.
Provided, however, that a brewer is only permitted to sell beer or cider to a beer distributor holding a valid interim license pursuant to this section as follows:
a.
such sales may begin no sooner than September 1, 2018,
b.
the beer distributor either must be assigned a beer distributor territory by the brewer pursuant to a distributor agreement to begin October 1, 2018, or be a brewer or an affiliate of a brewer that will be permitted to distribute beer within two territories pursuant to the provisions of subsection E of Section 3-108 of this title, and
c.
the interim license only permits sales to retailers by the interim licensee either in the distribution territory as set forth in the distributor agreement or in the two territories permitted pursuant to the provisions of subsection E of Section 3-108 of this title.
I. No retail wine or retail beer licensee may sell wine and/or beer, other than low-point beer, and no package store may sell refrigerated wine and/or beer, prior to October 1, 2018. The sale or refrigeration of wine and/or beer in violation of this subsection shall result in the revocation of the interim license and a monetary fine of Twenty-five Thousand Dollars ($25,000.00).
Added by Laws 2016, c. 366, § 4, eff. Oct. 1, 2017. Amended by Laws 2017, c. 364, § 9, eff. Oct. 1, 2017; Laws 2018, c. 312, § 1; Laws 2019, c. 322, § 2, 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.