reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-30 - Transfer of stock by former licensee

Current through Vol. 41, No. 20, July 1, 2024
When a licensee has discontinued business under his license
				  and his license has been terminated, he may apply in writing to the Director
				  for permission to transfer his stock of alcoholic beverages to another
				  qualified licensee. He shall furnish the Director with an inventory of the
				  alcoholic beverages contemplated in such transfer. The licensee, who desires to
				  purchase such stock of alcoholic beverages, shall also apply in writing to the
				  Director for permission to make such purchase and shall report to the Director
				  in writing, the quantity, brands, and types of such alcoholic beverages
				  purchased and the address to which it is to be actually delivered after the
				  purchase. No such sale or purchase shall be made by any licensee until written
				  permission has been granted by the Director. PROVIDED, that a Wine and Spirits
				  Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, Winemaker Self-Distributor, or Nonresident Seller whose
				  license has been terminated or canceled shall be permitted to sell his
				  wholesale stock of alcoholic beverages only to the holder of a Wine and Spirits
				  Wholesaler or Beer Distributor license issued by the Commission. All sales of
				  alcoholic beverages by the former holder of the Wine and Spirits Wholesaler,
				  Nonresident Seller, Class B Wholesaler, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, Winemaker Self-Distributor, or Beer Distributor license to a
				  Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer
				  or Special Event License in Oklahoma are prohibited. PROVIDED, that the
				  Director or Commission may authorize a Wine and Spirits Wholesaler, Beer
				  Distributor, Nonresident Seller, Class B Wholesaler to return to a
				  Manufacturer, Brewer or Nonresident Seller merchandise for credit or refund of
				  the seller's laid-in cost.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-31 - Designated bar areas

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Entities or establishments licensed by the ABLE Commission which have as their
				main purpose some objective other than the sale of alcoholic beverages may file
				a written request with the Commission to have a portion of their licensed
				premises designated for use as a separate or enclosed lounge or bar area. The
				request shall state the main purpose of the business and the licensee shall
				have the burden of showing that the business qualifies for a separate or
				enclosed lounge or bar area.
(b) In
				order to qualify for a separate or enclosed lounge or bar area, a licensee must
				show that the total income derived from the stated main purpose exceeds the
				total income derived from the sale, mixing or serving of alcoholic beverages.
				In determining the total income derived from the stated main purpose, a
				licensee may not include income derived from secondary sources which are not
				related to the stated main purpose or income derived as an incidental service
				from coin-operated game or vending machines, the sale of meals, snacks or short
				order foods.
(c) If the main
				purpose of a business is such that in the operation of a business of that type
				a portion of its income would be derived from an admission charge, the
				admission charge may be counted as income derived from the stated main purpose.
				If, however an admission charge would not normally be imposed by a business of
				that type or if customers are entitled to free or discounted alcoholic
				beverages after paying an admission charge, the admission charge may not be
				counted.
(d) A newly established
				business which claims as its main purpose some objective other than the sale,
				mixing or serving of alcoholic beverages may be granted a separate or enclosed
				lounge or bar area for a period of ninety (90) days. At the end of the ninety
				(90) day period, the licensee shall have the burden of showing that the
				business continues to qualify for a separate or enclosed lounge or bar
				area.
(e) The Commission shall have
				the authority to designate the portions of the licensed premises of a
				qualifying business which may be used as a separate or enclosed lounge or bar
				area. Any licensee aggrieved by the denial of a request for a separate or
				enclosed lounge or bar area may, within fifteen (15) days of receiving notice
				of the denial, file a written request for a hearing before the
				Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-32 - Prohibited locations

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				mixed beverage establishment, beer and wine establishment, or bottle club which
				has as its main purpose the selling or serving of alcoholic beverages for
				consumption on the premises shall be located within three hundred (300) feet of
				any public or private school or church property primarily and regularly used
				for worship services and religious activities. The distance between the
				establishment and the school or church shall be measured in a straight line
				from the nearest property line of the school or church to the nearest perimeter
				wall of the licensed premises of the establishment. If it is not possible to
				make a direct measurement because of obstructions or other hindrances, the
				measurement may be made by any reasonable method. The provisions of this
				section shall not prohibit the operation, or the renewal of a license, or a
				change of owner or operator of an establishment which was licensed to operate
				at an otherwise prohibited location on July 1, 1999, provided that the license
				has not lapsed for a period of more than sixty (60) days, the establishment has
				not changed locations, and the change in owner or operator results in the same
				type of business being conducted on the premises.
(b) If a new or relocating establishment,
				which claims that its main purpose is something other than the sale of
				alcoholic beverages, applies to be licensed at an otherwise prohibited
				location, the establishment shall have the burden of demonstrating that its
				claimed main purpose is reasonable considering its facilities, equipment and
				location and that the business would otherwise qualify for a separate or
				enclosed lounge or bar area under the provisions of
				45:10-3-31
				of the Rules and Regulations of the ABLE Commission. A new or relocating
				establishment which reasonably demonstrates that its main purpose is something
				other then the sale of alcoholic beverages may receive a license to operate for
				a period of ninety(90) days. At the end of the ninety(90) day period, the
				establishment shall have the burden of showing, by records as specified by the
				ABLE Commission, that the main purpose of the business continues to be
				something other than the sale of alcoholic beverages. If the establishment
				fails to demonstrate that its main purpose is something other than the sale of
				alcoholic beverages, the business shall immediately stop selling alcoholic
				beverages and its license shall be surrendered. Failure to surrender the
				license shall result in revocation and the inability to hold an alcoholic
				beverage license for one (1) year.
Added at 16 Ok Reg 3607,
				  eff 8-25-99 (emergency); Added at 17 Ok Reg 2273, eff
				  6-26-00
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 5 - Penalties › Section 45:10-5-1 - General penalty

Current through Vol. 41, No. 20, July 1, 2024
It is hereby provided that the violation by any licensee of
				  any rule now existing or which may be hereafter adopted shall constitute
				  grounds for the revocation or suspension of any license for such period of time
				  as, in the judgment of this Commission, may be determined, unless the
				  punishment for any violation be prescribed within the rule
				  violated.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 5 - Penalties › Section 45:10-5-2 - Summary suspension

Current through Vol. 41, No. 20, July 1, 2024
(a) If, at
				the time of the issuance of a Notice of Contemplated Suspension or Revocation,
				the Director or the Commission finds that the public health, safety or welfare
				imperatively requires emergency action, a summary suspension of license may be
				ordered pending proceedings for such suspension or revocation of license;
				PROVIDED, that a finding to the effect that the public health, safety or
				welfare imperatively requires such emergency action is incorporated in the
				Order of Summary Suspension. A copy of such order shall be served, as in civil
				cases, by any Chief Enforcement Officer, Agent or Inspector commissioned by the
				Commission by delivering a copy of said order to the owner of the retail or
				wholesale premises of the person to whom the notice is directed or delivery of
				a true copy of said order to any licensed employee in charge of the licensed
				premises affected by said notice. Service of said order shall be made on all
				other licensees by personal delivery of a copy of such order or by certified
				mail directed to the last known address of the licensee.
(b) In cases where said emergency order is
				issued at the time of issuance of a Notice of Contemplated Suspension or
				Revocation such proceedings shall be heard on the date set out in the notice,
				except upon good cause shown or request of the licensee affected.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 5 - Penalties › Section 45:10-5-3 - Penalty schedules

Current through Vol. 41, No. 20, July 1, 2024
Violations of the Oklahoma Alcoholic Beverage Control Act,
				  37A O.S., Section 1-101 et seq., may result in suspension, fine, suspension and
				  fine, or revocation of a license. The specific penalties for violating the Act
				  are listed in the Commission's penalty schedule. The penalty schedule is
				  divided into two categories enumerating major and minor violations of the Act.
				  Probation may be granted for minor violations. The major violations penalty
				  schedule is listed in Appendix A of this Chapter and the minor violations
				  penalty schedule is listed in Appendix B of this Chapter.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Appendix A - Major Violations Penalty Schedule

Current through Vol. 41, No. 20, July 1, 2024
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Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Appendix B - Minor Violations Penalty Schedule

Current through Vol. 41, No. 20, July 1, 2024
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Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 15 - Employee Licenses, Training Certification › Subchapter 1 - Employee License › Section 45:15-1-1 - Training required

Current through Vol. 41, No. 20, July 1, 2024
Every Applicant for an original employee license shall
				  provide the Commission with a certificate of training completion issued by the
				  Commission or an approved trainer of the Commission prior to licensure, unless
				  37A O.S. §2-121 is Adopted to provide otherwise. Said certificate may be
				  provided to the Commission by mail to the Commission headquarters, delivered in
				  person, or submitted electronically to the Licensing Division of the
				  Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 15 - Employee Licenses, Training Certification › Subchapter 3 - Certified Trainers › Section 45:15-3-1 - Application for certification of program

Current through Vol. 41, No. 20, July 1, 2024
Any person or legal entity desiring to become certified by
				  the Commission as an approved employee licensee trainer shall make written
				  application to the Commission on such forms as the Commission may proscribe.
				  Upon application, the Commission shall hear the request of the applicant and a
				  recommendation of the Director within 120 days. Certification by the Commission
				  shall be valid for a period of three (3) years, unless revoked for cause by the
				  Commission. Responsible Beverage Sales and Service Training provided by the
				  Oklahoma Department of Mental Health and Substance Abuse Services will be
				  considered the state sponsored training; exempt from the application process,
				  and will be continuously listed as an approved training
				  provider.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 15 - Employee Licenses, Training Certification › Subchapter 3 - Certified Trainers › Section 45:15-3-2 - Minimum standards of curriculum

Current through Vol. 41, No. 20, July 1, 2024
Any Certified Trainer applicant must provide the Commission
				  with a copy of its proposed employee training curriculum. Said curriculum may
				  be delivered by any combination of lecture, role-play, discussion, and/or
				  multimedia. At a minimum, the curriculum must include the following
				  subjects:
(1) Oklahoma law concerning
				underage sales;
(2) Oklahoma law
				concerning sales to intoxicated persons;
(3) Legal penalties for illegal sales to
				minors or intoxicated persons;
(4)
				Recognizing fake identification cards;
(5) Recognizing signs of an intoxicated
				person;
(6) Rights of an
				establishment to refuse service;
(7) Dram shop laws and liability;
(8) Legal hours of operation;
(9) Sales and consumption after
				hours;
(10) Prohibition against
				employees drinking on duty;
(11)
				Methods for eliciting information from patrons with questionable
				identification; and
(12) Strategies
				on how to refuse service when necessary.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 15 - Employee Licenses, Training Certification › Subchapter 3 - Certified Trainers › Section 45:15-3-3 - Additional requirements for online training programs

Current through Vol. 41, No. 20, July 1, 2024
Any Certified Trainer applicant desiring to provide employee
				  training in an online format must state such intention to the Commission at the
				  time of application. In addition, the applicant shall provide in its
				  application to the Commission an explanation of the online training programs
				  security features, including unique login identification and password
				  protections for training participants.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 15 - Employee Licenses, Training Certification › Subchapter 3 - Certified Trainers › Section 45:15-3-4 - Requirements of certified trainers

Current through Vol. 41, No. 20, July 1, 2024
All Commission approved Certified Trainers of employee
				  licensees shall submit electronically to the Licensing Division a list of all
				  training attendees who successfully complete such training within 3 business
				  days of the program. Failure to submit a list of successful training attendees
				  as required may result in the revocation of Commission approval of the
				  Certified Trainer, administrative fines, or both. A Certified Trainer shall
				  continually monitor the quality of its instruction, and implement measures to
				  authenticate the identification of all persons completing the training course.
				  The Commission may review a Certified Trainer's course of instruction at any
				  time, without notice.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-1 - Restriction on location of licensed premises

Current through Vol. 41, No. 20, July 1, 2024
All premises used for the sale of alcoholic beverage by a
				  Retail Spirit licensee shall be located on the street level or ground floor. No
				  entrance for the use of the public to such premises shall be located on a
				  public or private alley. All entrances for the use of the public shall open
				  immediately into the room used for retail sales purposes; PROVIDED, that no
				  customers may be permitted to enter or leave the shopping area of a retail
				  spirit store through a door which is not in full view of a public street or
				  highway, except stores situated adjacent to, or opening into hotel or motel
				  lobbies, public passageways in arcades and other buildings through which the
				  public is permitted to pass at all times between the hours of 8:00 a.m. and
				  12:00 a.m. of each day, and then only after written permission is obtained from
				  the Commission or Director.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-2 - Connected living quarters prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit, Retail Beer, or Retail Wine Licensee shall
				  have living quarters or any room for living quarters connected with his
				  licensed premises, and all entrances, doorways, and other openings between said
				  licensed premises and living quarters shall be securely and permanently sealed
				  at all times.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-3 - Certificates of compliance

Current through Vol. 41, No. 20, July 1, 2024
Each applicant for a retail spirit license shall furnish to
				  the Commission at the time of making his application for a license, a
				  certificate from the city clerk or the town clerk wherein the licensed premises
				  are to be located in conformity with all city or town zoning and building
				  ordinances.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-4 - Restriction on sales and deliveries

Current through Vol. 41, No. 20, July 1, 2024
The sales of all alcoholic beverages by a Retail Spirit,
				  Retail Beer, and Retail Wine Licensee or employee shall be made within the
				  licensed premises; PROVIDED, that deliveries of alcoholic beverages sold within
				  the premises may be made by the Licensee or employee to a vehicle of the
				  purchaser parked anywhere on the licensee's property or at the curb immediately
				  adjacent to the lot or lots upon which said licensed premises are
				  situated.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-5 - Prohibited transactions

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit, Retail Beer, or Retail Wine Licensee or
				  employee shall engage, directly or indirectly, in any conspiracy, transactions
				  or agreement having as its object the sale or resale away from or off the
				  licensed premises, of any alcoholic beverages owned, sold or delivered by such
				  Licensee or employee, nor shall any such Licensee or employee sell or deliver
				  any alcoholic beverage to any person with knowledge of or with reasonable cause
				  to believe, that the person to whom such alcoholic beverage is sold or
				  delivered has acquired the same for the purpose of peddling or reselling the
				  same.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-6 - Holding for delivery when sales illegal prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit, Retail Beer, or Retail Wine Licensee or
				  employee shall act as retainer or keeper of alcoholic beverages for customers
				  or other persons for the purpose of delivering such alcoholic beverage before
				  the legal opening hour or after the legal closing hour or on any day when sales
				  are prohibited.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-7 - Records of expenditures

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				Retail licensees shall keep a full, separate, complete and accurate record of
				all expenditures with regard to alcoholic beverages. No such expenditures shall
				be commingled with the expenditures of any other business or businesses
				operated by the Retail licensee. The records shall show clearly and accurately
				for each expenditure the following information:
(1) Date of Payment.
(2) Name of Payee.
(3) Purpose of the expenditure in sufficient
				detail to permit a clear identification of the reason for the
				expenditure.
(4) Petty cash fund
				reimbursements must be supported by receipts, vouchers, or other documents,
				showing the purpose of expenditure.
(5) Cross references to support
				documents.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-8 - Other business prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit Licensee or employee shall permit any other
				  person to use the licensed premises for the purpose of carrying on, within such
				  licensed premises, any business activity of such other person in any of its
				  phases including, but not by way of limitation, solicitation, sale, service or
				  delivery.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-9 - Percentage leases

Current through Vol. 41, No. 20, July 1, 2024
In the absence of proof to the contrary, anyone leasing
				  premises to a Retail licensee for a reasonable rental that is based upon sales
				  of alcoholic beverages by the licensee shall not be considered as having a
				  financial interest in the operation of a retail store; PROVIDED, that no such
				  lease shall provide for a rental of more than five (5) percent of the gross
				  alcohol sales, and such lessor shall be limited to one such percentage type
				  lease.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-10 - Gambling, gambling devices and games prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit Licensee or their employees shall permit
				  gambling of any kind or character on or in the licensed premises, nor shall he
				  permit the operation or possession of any slot machine, or payoff gambling
				  device, or punchboard of any kind or character, or any pinball machine or game
				  of skill or chance in or about the licensed premises. This provision does not
				  serve to limit a licensee's ability to sell lottery tickets, scratch off
				  tickets, or other permissible non-alcoholic items pursuant to 2-156 of Title
				  37A of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-11 - Storage in licensed premises

Current through Vol. 41, No. 20, July 1, 2024
All alcoholic beverages of a Retail Spirit, Retail Beer and
				  Retail Wine Licensee or under the control of an employee shall be stored and
				  maintained in the licensed premises of the Licensee in a safe manner, and no
				  such alcoholic beverages shall be stored in or transported to any other place
				  except upon written authority of the Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-12 - Opened containers on licensed premises prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit, Retail Beer, or Retail Wine Licensee or
				  employee shall permit the original container of any alcoholic beverage to be
				  opened in or on the licensed premises, nor shall he keep or permit to be kept
				  on said premises any unsealed container or original package containing
				  alcoholic beverage. The presence of any unsealed container or original package
				  containing alcoholic beverages on the premises shall be considered as prima
				  facie evidence of a violation of the Oklahoma Alcoholic Beverage Control Act.
				  The word "container" as used herein shall not include a shipping container of
				  wine.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-13 - Restriction on adjacent business

Current through Vol. 41, No. 20, July 1, 2024
All retail spirit store licensees are prohibited from owning
				  or operating any type of business where other goods, wares or merchandise are
				  sold, or services rendered, on property adjacent to their retail package store,
				  unless such other business is housed within permanent walls; PROVIDED, that the
				  wall and all entrances between any such building and the retail spirit store
				  shall be made of non-transparent material, and any passageway from such other
				  business into the retail spirit store shall be closed at all times and may not
				  be used by the public or persons other than the owner and those licensed by the
				  Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-14 - Extension of credit by Retail Spirit License

Current through Vol. 41, No. 20, July 1, 2024
All Licensees or employees are prohibited from extending
				  credit. The acceptance by a Licensee or employee of an ordinary bank check or a
				  nationally recognized cash, debit, or similar card will not be considered an
				  extension of credit so long as such check or cash card is accepted in good
				  faith and is not accepted with the intent to defer payment other than for the
				  period of normal processing; PROVIDED, that with regard to acceptance of a
				  nationally recognized cash card, all dollar amounts over Fifty Dollars ($50) be
				  verified prior to acceptance by the licensee. No Retail Licensee or employee
				  shall receive or accept a postdated or undated check in payment for alcoholic
				  beverages. Any arrangements or agreements expressed or implied between a Retail
				  Licensee or employee and customer, whereby the Licensee or employee holds or
				  retains a check received by him from such customer in payment for alcoholic
				  beverages sold, shall be deemed an extension of credit.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 3 - Retail Spirit Stores › Section 45:20-3-15 - Beer keg sales records and identification tags

Current through Vol. 41, No. 20, July 1, 2024
(a) Every licensed Retail Spirit, Retail
				Beer, Small Brewer, and Brewpub store shall affix an identification seal on
				every beer keg sold. The identification seal shall be placed on the beer keg so
				that it does not conceal any information pertaining to the brand name, brewery
				code or container size. The identification seal shall be made of a durable
				material not easily removed or destroyed. The identification seal may be
				affixed with a nonpermanent waterproof adhesive material in order to apply the
				seal directly to the outside surface of the beer keg at the time of
				sale.
(b) The identification seal
				shall be durable and waterproof of a type approved by the ABLE Commission. The
				identification seal shall be attached at the time of sale and shall include the
				following information:
(1) The licensed Retail
				Spirit, Retail Beer, Small Brewer or Brewpub store's name, complete address,
				retail license number, and telephone number;
(2) The unique beer keg number assigned by
				the licensee; and
(3) A warning
				that intentional removal or defacement of the label is a misdemeanor subject to
				a Five Hundred Dollars $500.00) fine.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-1 - Mixed Beverage license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application shall be made to the Commission and license granted when applicants
				have met the requirements of the Oklahoma Alcoholic Beverage Control Act in
				cases where the selling of mixed beverages by the individual drink for
				on-premises consumption is the normal routine operation of the
				business.
(b) Licenses shall be
				available only in counties where sale of alcoholic beverages by the individual
				drink for on-premises consumption has been authorized.
(c) Postings prohibiting persons under
				twenty-one (21) years of age shall be posted in full public view at all
				licensed premises where alcoholic beverages are sold, served or consumed. Signs
				shall not be altered, removed, or the location changed without the approval of
				the Commission.
(d) The boundaries
				of posted areas must be definable and separated from other areas of the
				licensed premises by a physical barrier. Postings are as follows:
(1) "No persons under the age of twenty-one
				(21) years of age permitted on these premises" must be posted at the entrance
				to the licensed premises where the consumption of alcoholic beverages is the
				primary activity, notwithstanding that as an incidental service, meals or short
				order foods are made available.
(2)
				"No persons under the age of twenty-one (21) years of age permitted in this
				area of the premises" must be posted in the bar area of the licensed premises
				which also has an area whose main purpose is the sale of food, the serving of
				alcoholic beverages being incidental. Food service in the bar area shall not
				exempt a licensee from this rule.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-2 - Caterer license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application shall be made to the Commission and license granted to any
				individual, association or corporation whose business is to provide food,
				supplies and service at a social gathering where sales of mixed beverages for
				on-premises consumption is incidental to the sale or distribution of
				food.
(b) License shall be
				available only in those counties where sale of alcoholic beverages by the
				individual drink for on-premises consumption has been authorized.
(c) A Caterer license may be obtained in
				addition to a Mixed Beverage license for a location other than the permanent
				Mixed Beverage licensed premises but a Caterer license shall not be issued in
				lieu of a Mixed Beverage license.
(d) On the first day of each month, all
				licensed caterers shall file a written report with the Enforcement Division of
				the ABLE Commission stating the date, time and location of any event they have
				agreed to cater during that month. In addition, all licensed caterers shall
				maintain and make available for inspection at their main business office a
				current list stating the date, time and location of all events they have agreed
				to cater.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-3 - Special Event license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application for a Special Event license shall be made to the Commission by an
				organization, association or nonprofit corporation for authority to sell and
				distribute alcoholic beverage on the premises for which the license is
				issued.
(b) A Special Event license
				shall be available only in those counties where sale of alcoholic beverages by
				the individual drink for on-premises consumption has been authorized.
(c) In addition to the location, date(s),
				hours of operation of said event, information on traffic flow, parking, aspects
				of possible public nuisance, local health or safety permit requirements and
				proof of liability must accompany the application.
(d) Selling of alcoholic beverages in the
				original container by a Special Event licensee is prohibited.
(e) At the time the license expires, the
				licensee will provide to the Commission a written inventory of all alcoholic
				beverages not consumed at the event. The inventory shall state the name(s) of
				the person(s) taking possession of the alcoholic beverages and where it will be
				stored.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-4 - Private Carrier license

Current through Vol. 41, No. 20, July 1, 2024
The holder of a Mixed Beverage, Caterer or Special Event
				  license may obtain a Private Carriers license from the Commission authorizing
				  the holder of such license to transport alcoholic beverages and beer from the
				  place of purchase to his licensed premises.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-5 - Additional Hours license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Caterer and Special Event licensees may obtain an Additional Hours license by
				making application to the Commission.
(b) Application shall include location of
				event, date(s) and hours requested, circumstances requiring additional hours of
				operation, pertinent information as to effect of additional hours on
				requirements of original license, support for the application from local
				authorities if applicable and a fee.
(c) Fee shall be twenty-five ($25) dollars
				per each Additional Hours license issued.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-6 - Payment requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				alcoholic beverages shall be delivered or sold to the holder of a Mixed
				Beverage, Caterer or Special Event license by a licensed Wine and Spirits
				Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				Self-Distributor or Winemaker Self-Distributor, his agent, servant or employee
				without receiving payment therefore at the time of making such delivery. All
				holders of Special Events licenses shall make payment to the licensed Wine and
				Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				Self-Distributor or Winemaker Self-Distributor, only by cash, bank draft,
				cashiers check, express or postal money order.
(b) All payments for alcoholic beverages sold
				by a licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer
				Self-Distributor, Brewpub Self-Distributor or Winemaker Self-Distributor, to
				the holder of a Mixed Beverage or Caterer license shall be deposited by said
				Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor,
				Brewpub Self-Distributor or Winemaker Self-Distributor in a bank.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-7 - Invalidation of identification stamp [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-8 - Hours for pick-up at warehouses

Current through Vol. 41, No. 20, July 1, 2024
Mixed Beverage, Caterer and Special Event license holders,
				  with a valid Private Carriers license, shall be allowed to pick up shipments of
				  alcoholic beverages, beer or brewed products at a licensed Wine and Spirits
				  Wholesaler's,Beer Distributor's, Winemaker Self-Distributor's, Small Brewer
				  Self-Distributor's, or Brewpub Self-Distributor's warehouse from 8:00 a.m. to
				  5:00 p.m. Monday through Friday. All orders will be preordered and filled in
				  sequence whether delivered or picked up by licensees.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-9 - Records of expenditures

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				Mixed Beverage, Caterer and Special Event licensees shall keep a full,
				separate, complete and accurate record of all expenditures with regard to
				alcoholic beverages. No such expenditures shall be commingled with the
				expenditures of any other business or businesses operated by the Mixed
				Beverage, Caterer and Special Events licensee. The minimum required records
				shall show clearly and accurately for each expenditure the following
				information:
(1) Date of payment.
(2) Name of payee.
(3) Purpose of the expenditure in sufficient
				detail to permit a clear identification of the reason for the
				expenditure.
(4) Petty cash fund
				reimbursements must be supported by receipts, vouchers, or other documents,
				showing the purpose of expenditure.
(5) Cross references to support
				documents.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 5 - Mixed Beverage, Caterer, Special Event, Additional Hours › Section 45:20-5-10 - Prohibited act

Current through Vol. 41, No. 20, July 1, 2024
No person shall remain in the bar or bar area of the licensed
				  premises after the 2:00 a.m. closing time with the exception of employees for
				  the purpose of restocking or cleaning the premises.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 7 - Bottle Clubs - in Counties Applicable › Section 45:20-7-1 - Bottle Club license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application shall be made to the Commission and license granted when applicants
				have met the requirements of the Oklahoma Alcoholic Beverage Control Act in
				counties where the sale of alcoholic beverages by the individual drink for
				on-premise consumption has not been authorized.
(b) Postings prohibiting persons under
				twenty-one (21) years of age shall be posted in full public view at all
				licensed premises where alcoholic beverages are stored, possessed, mixed,
				served or consumed. Signs shall not be altered, removed or the location changed
				without the approval of the Commission.
(c) The boundaries of posted areas must be
				definable and separated from other areas of the licensed premises by a physical
				barrier. Postings are as follows:
(1) "No
				persons under the age of twenty-one (21) years of age permitted on these
				premises" must be posted at the entrance to the licensed premises where the
				consumption of alcoholic beverages is the primary activity, notwithstanding
				that as an incidental service, meals or short order foods are made
				available.
(2) "No persons under
				the age of twenty-one (21) years of age permitted in this area of the premises"
				must be posted in the bar area of the licensed premises which also has an area
				whose main purpose is the sale of food, the serving of alcoholic beverages
				being incidental. Food service in the bar area shall not exempt a licensee from
				this rule.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 7 - Bottle Clubs - in Counties Applicable › Section 45:20-7-2 - Membership cards, records and bottle labels

Current through Vol. 41, No. 20, July 1, 2024
(a) All information must be completed on the
				membership cards with a typewriter or printed in ink with the exception of the
				signature of the person issuing the card and signature of the member. Each card
				shall show:
(1) to whom issued;
(2) name and address of club;
(3) period of membership;
(4) signature and title of person issuing
				card; and
(5) signature of
				member.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 7 - Bottle Clubs - in Counties Applicable › Section 45:20-7-3 - Membership card must be legible

Current through Vol. 41, No. 20, July 1, 2024
Information on the card shall be legible or it shall be
				  deemed an invalid membership card.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 7 - Bottle Clubs - in Counties Applicable › Section 45:20-7-4 - Membership bottle requirements

Current through Vol. 41, No. 20, July 1, 2024
At the time the membership card expires, the member or the
				  licensee shall remove the bottle from the licensed premises. A bottle shall be
				  removed when emptied. Whenever a member brings any bottle of alcoholic beverage
				  onto the licensed premises, a label shall be affixed with the appropriate
				  information placed on it. There shall be no bottles of alcoholic beverages on
				  licensed premises without proper information on an affixed
				  label.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 7 - Bottle Clubs - in Counties Applicable › Section 45:20-7-5 - Restriction on number of open bottles

Current through Vol. 41, No. 20, July 1, 2024
A licensee may maintain only one open bottle per brand of
				  alcoholic beverage for each member on the premises at any given
				  time.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 7 - Bottle Clubs - in Counties Applicable › Section 45:20-7-6 - Prohibited act

Current through Vol. 41, No. 20, July 1, 2024
No person shall remain in the bar or bar area of the licensed
				  premises after the 2:00 a.m. closing time with the exception of employees for
				  the purpose of restocking or cleaning the premises.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 9 - Retail Beer Licensees › Section 45:20-9-2 - Acceptance of alcohol at retail location only

Current through Vol. 41, No. 20, July 1, 2024
All beer delivered to a Retail Beer licensee by a licensed
				  beer distributor shall be made directly to the licensed retail location. Retail
				  Beer licensees shall not accept the delivery of beer to any centralized
				  distribution location owned, leased, or operated by the Retail Beer
				  licensee.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 9 - Retail Beer Licensees › Section 45:20-9-3 - Sale of other alcoholic beverages prohibited

Current through Vol. 41, No. 20, July 1, 2024
Retail Beer licensees are prohibited from selling any other
				  form of alcoholic beverage, unless the licensee also holds a Retail Wine
				  license.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 9 - Retail Beer Licensees › Section 45:20-9-4 - Employees to be licensed

Current through Vol. 41, No. 20, July 1, 2024
All employees of a Retail Beer licensee involved in the
				  selling, of beer shall hold an employee license issued by the ABLE
				  Commission.