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SENATE FLOOR VERSION
March 25, 2021
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2726 By: Pittman, Davis and Bell of
the House
and
Coleman of the Senate
An Act relating to alcoholic beverages; amending
Section 3, Chapter 366, O.S.L. 2016, as l ast amended
by Section 6, Chapter 161, O.S.L. 2020 (37 A O.S.
Supp. 2020, Section 1 -103), which relates to
definitions; defining certain terms; amending Section
22, Chapter 366, O.S.L. 2016, as last amended by
Section 1, Chapter 424, O.S.L. 2019 (37 A O.S. Supp.
2020, Section 2-110), which relates to mixed beverage
licenses; granting additional authorities to mixed
beverage licensees; amending Section 142, Chapter
366, O.S.L. 2016, as last amended by Section 20,
Chapter 161, O.S.L. 2020 (37 A O.S. Supp. 2020,
Section 6-102), which relates to prohibited acts of
licensees; providing certain exception to prohibited
acts; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Se ction 3, Chapter 366, O.S.L.
2016, as last amended by Section 6 , Chapter 161, O.S.L. 2020 (37 A
O.S. Supp. 2020, Section 1 -103), is amended to read as follows:
Section 1-103. As used in the Oklahoma Alcoholic Beverage
Control Act:
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1. "ABLE Commission" or "Commission" means the Alcoholic
Beverage Laws Enforcement Comm ission;
2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol or spirits of wine, from whatever source or by
whatever process produced. It does not include wood alco hol or
alcohol which has been denatured or produced as denature d in
accordance with Acts of Congress and regulations promulgated
thereunder;
3. "Alcoholic beverage" means alcohol, spirits, beer and wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, containing alcohol, spi rits, wine or beer
and capable of being consumed as a beverage by human beings;
4. "Applicant" means any individual, legal or commercial
business entity, or any individual involved in any lega l or
commercial business entity allowed to hold any license iss ued in
accordance with the Oklahoma Alcoholic Beverage Control Act;
5. "Beer" means any beverage of alcohol by volume and obtained
by the alcoholic fermentation of an infusion or decoction of barley,
or other grain, malt or similar products. "Beer" may or may not
contain hops or other vegetable products. "Beer" includes, among
other things, beer, ale, stout, lager beer, porter and other malt or
brewed liquors, but does not include sake, known as Japanese rice
wine;
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6. "Beer keg" means any brewer-sealed, single container that
contains not less than four (4) gallons of beer;
7. "Beer distributor" means and includes any person licensed to
distribute beer for retail sale in the state, but does n ot include a
holder of a small brewer self -distribution license or brewpub self-
distribution license. The term "distributor", as used in the
Oklahoma Alcoholic Beverage Control Act, shall be construed to refer
to a beer distributor;
8. "Bottle club" means any establishment in a county which has
not authorized the re tail sale of alcoholic beverages by the
individual drink, which is required to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. "Bottle service" means the sale and provision of spirits in
their original packages by a mixed beverage licensee to be consumed
in that mixed beverage licensee 's club suite;
10. "Brand" means any word, name, group of letters, symbol or
combination thereof, that is a dopted and used by a licensed brewer
to identify a specific bee r, wine or spirit and to distinguish that
product from another beer, wine or spirit;
10. 11. "Brand extension" means:
a. after October 1, 2018, any brand of beer or cider
introduced by a manuf acturer in this state which
either:
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(1) incorporates all or a s ubstantial part of the
unique features of a preexisting brand of the
same licensed brewer, or
(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
b. any brand of beer that a brewer, the majority of whose
total volume of all brands of beer distributed in this
state by such brewer on January 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporated all or a substantial
part of the unique features of a preexisting low -
point beer brand of the same licensed brewer, or
(2) relies or relied to a significa nt extent on the
goodwill associated with a preexisting low -point
beer brand;
11. 12. "Brewer" means and includes any person who manufactures
for human consumption by the use of raw materials or other
ingredients any beer or cider upon which a license fee and a tax are
imposed by any law of this state;
12. 13. "Brewpub" means a licensed establishment operated on
the premises of, or on premises located contiguous to, a small
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brewer, that prepares and serves food and beverages, including
alcoholic beverages, for on-premises consumption;
13. 14. "Cider" means any alcoholic beverage obtained by the
alcoholic fermentation of fruit juice, including but not limited to
flavored, sparkling or carbonated cider. For the purposes of the
manufacture of this product, cider may be manufactured by either
manufacturers or brewers. For the purposes of the distribution of
this product, cider may be distributed by either wine and spirits
wholesalers or beer distributors;
15. "Club suite" means a designated area within the premises of
a mixed beverage licensee designed to provide an ex clusive space
which is limited to a patron or patrons specifically granted access
by a mixed beverage licensee and is not accessible to other patrons
of the mixed beverage licensee or the publi c. A club suite must
have a clearly designated point of access for a patron or patrons
specifically granted access by the mixed beverage licensee to ensure
that persons present in the suite are limited to patrons
specifically granted access by the mixed b everage licensee and
employees providing services to the club s uite;
14. 16. "Convenience store" means any person primarily engaged
in retailing a limited range of general household items and
groceries, with extended hours of operation, whether or not eng aged
in retail sales of automotive fuels in combination with su ch sales;
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15. 17. "Convicted" and "conviction" mean and include a finding
of guilt resulting from a plea of guilty or nolo contendere, the
decision of a court or magistrate or the verdict of a jury,
irrespective of the pronouncement of judgment or the sus pension
thereof;
16. 18. "Designated products" means the brands of wine or
spirits offered for sale by a manufacturer that the manufacturer has
assigned to a designated wholesaler for exclusiv e distribution;
17. 19. "Designated wholesaler " means a wine and spirits
wholesaler who has been selected by a manufacturer as a wholesaler
appointed to distribute designated products;
18. 20. "Director" means the Director of the ABLE Commission;
19. 21. "Distiller" means any person who produces spirits from
any source or substance, or any person who brews or makes mash, wort
or wash, fit for distillation or for the production of spirits
(except a person making or using such material in the authorized
production of wine or beer, or the production of vinegar by
fermentation), or any person who by any process separates alcoholic
spirits from any fermented substance, or any person who, making or
keeping mash, wort or wash, has also in his or her possession o r use
a still;
20. 22. "Distributor agreement " means the written agreement
between the distributor and brewer as set forth in Section 3 -108 of
this title;
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21. 23. "Drug store" means a person primarily engaged in
retailing prescription and nonprescription drugs and medicines;
22. 24. "Dual-strength beer" means a brand of beer that,
immediately prior to April 15, 2017, was being sold and distributed
in this state:
a. as a low-point beer pursuant to the Low -Point Beer
Distribution Act in effect immediately prior to
October 1, 2018, and
b. as strong beer pursuant to the Alcoholic Beverage
Control Act in effect immediately prior to October 1,
2018,
and continues to be sold and distributed as such on October 1, 2018.
Dual-strength beer does not include a brand of beer that arose as a
result of a brand extension as defined in this section;
23. 25. "Fair market value" means the value in the subject
territory covered by the written agreement with the distributor or
wholesaler that would be determined in an arm 's length transaction
entered into without duress or threat of ter mination of the
distributor's or wholesaler's rights and shall include all elements
of value, including goodwill and going -concern value;
24. 26. "Good cause" means:
a. failure by the distribu tor to comply with the material
and reasonable provisions of a written agreement or
understanding with the brewer, or
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b. failure by the distributor to comply with the duty of
good faith;
25. 27. "Good faith" means the duty of each party to any
distributor agreement and all officers, employees or agents thereof
to act with honesty in fact and within reasonable standards of fair
dealing in the trade;
26. 28 "Grocery store" means a person primarily engaged in
retailing a general line of food, such as canned or frozen foods,
fresh fruits and vegetables, and fresh and pre pared meats, fish and
poultry;
27. 29. "Hotel" or "motel" means an establishment which is
licensed to sell alcoholic beverages by the individual drink and
which contains guestroom accommodatio ns with respect to which the
predominant relationship existing between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest. For purposes of this section, the existence of other legal
relationships as between some occupants and the owner or operator
thereof shall be imma terial;
28. 30. "Legal newspaper" means a newspaper meeting the
requisites of a newspaper for publication of legal notices as
prescribed in Sections 101 through 114 of Title 25 of the Oklahoma
Statutes;
29. 31. "Licensee" means any person holding a licen se under the
Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
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employee of such licensee while in the performance of any act or
duty in connection with the licensed business or on the licensed
premises;
30. 32. "Low-point beer" shall mean any beverages containing
more than one-half of one percent (1/2 of 1%) alcohol by volume, and
not more than three and two -tenths percent (3.2%) alcohol by weight,
including but not limited to, beer or cereal malt beverages obtained
by the alcoholic fermen tation of an infusion by barley or other
grain, malt or similar products;
31. 33. "Manufacturer" means a distiller, winemaker, rectifier
or bottler of any alcoholic beverage (other than beer) and its
subsidiaries, affiliates and parent companies;
32. 34. "Manufacturer's agent" means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of the
manufacturer or nonresident seller in the state;
33. 35. "Meals" means foods commonly ordered at lunch or dinner
and at least part of which is cooked on the licensed premises and
requires the use of dining implements for consumption. Provided,
that the service of only food such as appetizers, sandwiches, salads
or desserts shall not be considered "meals";
34. 36. "Mini-bar" means a closed container, either
refrigerated in whole or in part, or nonrefrigerated, and access to
the interior of which is:
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a. restricted by means of a locking device which requires
the use of a key, magnetic card or similar device, or
b. controlled at all times b y the licensee;
35. 37. "Mixed beverage cooler " means any beverage, by whatever
name designated, consisting of an alcoholic beverage and fruit or
vegetable juice, fruit or vegetable flavorings , dairy products or
carbonated water containing more than one -half of one percent (1/2
of 1%) of alcohol measured by volume but not more than seven percent
(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not lar ger than three hundred seventy-five
(375) milliliters. Such te rm shall include but not be limited to
the beverage popularly known as a "wine cooler";
36. 38. "Mixed beverages" means one or more servings of a
beverage composed in whole or part of an alcoh olic beverage in a
sealed or unsealed container of any legal si ze for consumption on
the premises where served or sold by the holder of a mixed beverage,
beer and wine, caterer, public event, charitable event or special
event license;
37. 39. "Motion picture theater" means an establishment which
is licensed by Sectio n 2-110 of this title to sell alcoholic
beverages by the individual drink and where motion pictures are
exhibited, and to which the general public is admitted;
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38. 40. "Nondesignated products " means the brands of wine or
spirits offered for sale by a manu facturer that have not been
assigned to a designated wholesaler;
39. 41. "Nonresident seller" means any person licensed pursuant
to Section 2-135 of this title;
40. 42. "Retail salesperson" means a salesperson soliciting
orders from and calling upon reta il alcoholic beverage stores with
regard to his or her product;
41. 43. "Occupation" as used in connection with "occupation
tax" means the sites occupied as the places of business of the
manufacturers, brewers, wholesalers, beer distributors, retailers,
mixed beverage licensees, on -premises beer and wine licensees,
bottle clubs, caterers, public event and special event licensees;
42. 44. "Original package" means any container of alcoholic
beverage filled and stamped or sealed by the manufacturer or brewer ;
43. 45. "Package store" means any sole proprietor or
partnership that qualifies to sell wine, beer and/or spirits for
off-premises consumption and that is not a grocery store,
convenience store or drug store, or other retail outlet that is not
permitted to sell wine or beer for off -premises consumption;
44. 46. "Patron" means any person, customer or visitor who is
not employed by a licensee or who is not a licensee;
45. 47. "Person" means an individual, any type of partnership,
corporation, association , limited liability company or any
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individual involved in the legal structure of any such business
entity;
46. 48. "Premises" means the grounds and all buildings and
appurtenances pertaining t o the grounds including any adjacent
premises if under the dire ct or indirect control of the licensee and
the rooms and equipment under the control of the licensee and used
in connection with or in furtherance of the business covered by a
license. Provided that the ABLE Commission shall have the authority
to designate areas to be excluded from the licensed premises solely
for the purpose of:
a. allowing the presence and consumption of alcoholic
beverages by private parties which are closed to the
general public, or
b. allowing the services of a caterer serving alcohol ic
beverages provided by a private party.
This exception shall in no way limit the licensee 's concurrent
responsibility for any violations of the Oklahoma Alcoholic Beverage
Control Act occurring on the licensed premises;
47. 49. "Private event" means a social gathering or event
attended by invited guests who share a common cause, membership,
business or task and have a prior established relationship. For
purposes of this definition, advertise ment for general public
attendance or sales of tickets to the g eneral public shall not
constitute a private event;
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48. 50. "Public event" means any event that can be attended by
the general public;
49. 51. "Rectifier" means any person who rectifies, puri fies or
refines spirits or wines by any process (other than by original and
continuous distillation, or original and continuous processing, from
mash, wort, wash or other substance, through continuous closed
vessels and pipes, until the production thereof is complete), and
any person who, without rectifying, purifying or refining spirits,
shall by mixing (except for immediate consumption on the premises
where mixed) such spirits, wine or other liquor with any material,
manufactures any spurious, imitation o r compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
or any other name;
50. 52. "Regulation" or "rule" means a formal rule of general
application promulgated by the ABLE Commission as herein required;
51. 53. "Restaurant" means an establishment that is licensed to
sell alcoholic beverages by the individual drink for on -premises
consumption and where food is prepared and sold for immediate
consumption on the premises;
52. 54. "Retail container for spirits and w ines" means an
original package of any capacity approved by the United States
Bureau of Alcohol, Tobacco and Firearms;
53. 55. "Retailer" means a package store, grocery store,
convenience store or drug store licensed to sell alcoholic beverages
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for off-premises consumption pursuant to a Retail Spirits License,
Retail Wine License or Retail Beer License;
54. 56. "Sale" means any transfer, exchange or barter in any
manner or by any means whatsoever, and includes and means all sales
made by any person, wheth er as principal, proprietor or as an agent,
servant or employee. The term "sale" is also declared to be and
include the use or consumption in this state of any alcoholic
beverage obtained within or imported from without this state, upon
which the excise tax levied by the Oklahoma Alcoholic Beverage
Control Act has not been paid or exempted;
55. 57. "Short-order food" means food other than full meals
including but not limited to sandwiches, soups and salads. Provided
that popcorn, chips and other similar snack food shall not be
considered "short-order food";
56. 58. "Small brewer" means a brewer who manufactures less
than sixty-five thousand (65,000) barrels of beer annually pursuant
to a validly issued Small Brewer License hereunder;
57. 59. "Small farm wine" means a wine that is produced by a
small farm winery wit h seventy-five percent (75%) or more Oklahoma -
grown grapes, berries, other fruits, honey or vegetables;
58. 60. "Small farm winery" means a wine-making establishment
that does not annually pro duce for sale more than fifteen thousand
(15,000) gallons of wi ne as reported on the United States Department
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of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
59. 61. "Sparkling wine" means champagne or any artificially
carbonated wine;
60. 62. "Special event" means an entertainment, recreation or
marketing event that occurs at a single location on an irregular
basis and at which alcoholic beverages are sold;
61. 63. "Spirits" means any beverage other than wine or beer,
which contains more than one -half of one percent (1/2 of 1%) alcohol
measured by volume, and obtained by distillation, whether or not
mixed with other substances in solution and includes those products
known as whiskey, brand y, rum, gin, vodka, liqueurs, cordials and
fortified wines and similar compounds, but shall not include any
alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto;
62. 64. "Strong beer" means beer which, prior to October 1,
2018, was distributed pursuant to the Ok lahoma Alcoholic Beverage
Control Act, Section 501 et seq. of Title 37 of the Oklahoma
Statutes;
63. 65. "Successor brewer" means a primary source of supply, a
brewer, a cider manufacturer or an importer that acquires rights to
a beer or cider brand from a predecessor brewer;
64. 66. "Tax Commission" means the Oklahoma Tax Commission;
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65. 67. "Territory" means a geographic region with a specified
boundary;
66. 68. "Wine and spirits wholesale r" or "wine and spirits
distributor" means and includes any sol e proprietorship or
partnership licensed to distribute wine and spirits in the state.
The term "wholesaler", as used the Oklahoma Alcoholic Beverage
Control Act, shall be construed to refer to a wine and spirits
wholesaler;
67. 69. "Wine" means and includes any beverage containing more
than one-half of one percent (1/2 of 1%) alcohol by volume and not
more than twenty-four percent (24%) alcohol by volume at sixty (60)
degrees Fahrenheit obtain ed by the fermentation of the natural
contents of fruits, veget ables, honey, milk or other products
containing sugar, whether or not other ingredients are added, and
includes vermouth and sake, known as Japanese rice wine;
68. 70. "Winemaker" means and includes any person or
establishment who manufactures for human c onsumption any wine upon
which a license fee and a tax are imposed by any law of this state;
and
69. 71. "Satellite tasting room " means a licensed establishment
operated off the licensed premi ses of the holder of a small farm
winery or winemaker license, which serves wine for on -premises or
off-premises consumption.
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Words in the plural include the singular, and vice versa, and
words imparting the masculine gender include the feminine, as well
as persons and licensees as defined in this section.
SECTION 2. AMENDATORY Section 22, Chapter 366, O.S.L.
2016, as last amended by Section 1, Chapter 424, O.S.L. 2019 (37 A
O.S. Supp. 2020, Section 2 -110), is amended to read as fol lows:
Section 2-110. A. A mixed beverage license shall author ize the
holder thereof:
1. To purchase alcohol, spirits, beer and/or wine in retail
containers from the holder of a wine and spirits wholesaler and beer
distributor license as specifically pro vided by law; and
2. To sell, offer for sale and possess mixed beverages for on-
premises consumption only, provided:
a. the holder of a mixed beverage license issued for an
establishment which is also a restaurant may purchase
wine directly from a winemak er and beer directly from
a small brewer who is permitted and h as elected to
self-distribute as provided in Article XXVIII -A of the
Oklahoma Constitution, and
b. the holder of a mixed beverage license that is also a
holder of a retail wine license or retai l beer license
or both a retail wine license and retail beer li cense
shall not be prohibited from the on -premises sale of
wine or beer, according to the license held, for off -
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premises consumption, subject to the limitations of
the retail wine license or re tail beer license; and
3. To sell spirits in their original pa ckages for consumption
on its premises under the following conditions:
a. spirits in their original packages shall remain and be
consumed in the club suite of a mixed beverage
licensee and may not be removed from the club suite if
not consumed in their ent irety at or before the
conclusion of the period for which the club suite was
made available to a specific patron or patrons by the
mixed beverage licensee, and
b. spirits in their original pack ages to be consumed in
the club suite are provided exclusively by the mixed
beverage licensee.
B. Sales and service of mixed beverages by holders of mixed
beverage licenses shall be limited to the licensed premises of the
licensee unless the holder of the mixed beverage license also
obtains a caterer license or a mix ed beverage/caterer combination
license. A mixed beverage license shall only be issued in counties
of this state where the sale of alcoholic beverages by the
individual drink for on -premises consumption has been authorized. A
separate license shall be re quired for each place of business.
C. Holders of a mixed beverage license shall not be prohibited
from obtaining and holding a retail beer license or retail wine
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license or both a retail beer license and retail wine license;
provided, that each holder qua lifies and maintains the
qualifications for each license held as set forth in this title and
the rules promulgated by the ABLE Commission.
D. Upon application, a mixed beverage license shall b e issued
for any place of business functioning as a motion pict ure theater,
as defined by Section 1 -103 of this title. Provided, that upon
proof of legal age to consume alcohol, every patron being served
alcoholic beverages shall be required to wear a wri st bracelet or
receive a hand stamp identifying the patron as b eing of legal age to
consume alcohol. This requirement shall only apply inside a motion
picture theater auditorium where individuals under the legal age to
consume alcohol are allowed.
SECTION 3. AMENDATORY Section 142, Chapter 3 66, O.S.L.
2016, as last amended by Section 20, Chapter 161, O.S.L. 2020 (37 A
O.S. Supp. 2020, Section 6 -102), is amended to read as follows:
Section 6-102. A. No licensee of the ABLE Commiss ion shall:
1. Receive, possess or sell any alcoholic beverage except as
authorized by the Oklahoma Alcoholic Beverage Control Act and by the
license or permit which the licensee holds;
2. Employ any person under eighteen (18) years of age in the
selling of beer or wine or employ any person under twenty -one (21)
years of age in the selling of spirits. Provided:
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a. a mixed beverage, beer and wine, caterer, public
event, special event, bottle club, retail wine or
retail beer licensee may employ servers or s ales
clerks who are at least eighteen (18) years of age,
except persons under twenty -one (21) years of age may
not serve in designated bar or lounge areas, and
b. a mixed beverage, beer and wine, caterer, public
event, special event or bottle club licensee may
employ or hire musical bands who have musicians who
are under eighteen (18) years of age if each such
musician is either accompanied by a parent or legal
guardian or has on their person, to be made available
for inspection upon demand by any employee of the ABLE
Commission or law enforcement officer, a written,
notarized affidavit from the parent or legal guardian
giving the underage musician permission to perform in
designated bar or lounge areas;
3. Give any alcoholic beverage as a prize, premium or
consideration for any lottery, game of chance or skill or any type
of competition;
4. Use any of the following means or inducements to stimulate
the consumption of alcoholic beverages, including but not limited
to:
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a. deliver more than two drinks to one person at one
time, except as provided for serving tasting flig hts
defined in Section 2 6-102.1 of this act title,
b. sell or offer to sell to any person or group of
persons any drinks at a price that is less than six
percent (6%) below the markup of the c ost to the mixed
beverage licensee; provided, a mixed beverage licensee
shall be permitted to offer these drink specials on
any particular hour of any particular day and shall
not be required to offer these drink specials for an
entire calendar week or fro m open to close,
c. sell or offer to sell to any person an unli mited
number of drinks during any set period of time for a
fixed price, except at private functions not open to
the public,
d. sell or offer to sell drinks to any person or group of
persons on any one day or portion thereof at prices
less than those charge d the general public on that
day, except at private functions not open to the
public,
e. increase the volume of alcoholic beverages contained
in a drink without increasing proportionately the
price regularly charged for such drink during the same
calendar week, or
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f. encourage or permit, on the licensed premises, any
game or contest which involves drinking or the
awarding of drinks as prizes.
Provided, that the provisions of this paragraph shall not
prohibit the advertising or offering of food or, entertainment or
bottle service in licensed establishments;
5. Permit or allow any patron or person to exit the licensed
premises with an open container of any alcoholic beverage.
Provided, this prohi bition shall not be applicable to closed
original containers of alcoholic beverages which are carried from
the licensed premises of a bottle club by a patron, closed original
wine containers removed from the premises of restaurants, hotels and
motels, or to closed original containers of alcoholic beverages
transported to and from the place of business of a licensed caterer
by the caterer or an employee of the caterer;
6. Serve or sell alcoholic beverages with an expired license
issued by the ABLE Commissio n; or
7. Permit any person to be drunk or intoxicated on the
licensee's licensed premises.
B. A mixed beverage or beer and wine licensee shall not be
deemed to have violated the provisions of paragraph 5 of subsection
A of this section if it allowed a pa tron to leave the licensed
premises with an open container of b eer or wine only and:
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1. The otherwise prohibited act was committed during the hours
of 8 a.m. to midnight on the day of a scheduled home football game
of institutions within The Oklahoma Stat e System of Higher
Education, and the establishment is located within two thousand
(2,000) feet of the institution;
2. The licensee is participating by invitation in a municipally
sanctioned art, music or sporting event within city limits when the
municipality has provided written notice of the event and a list of
invited licensees to the ABLE Commission at least five (5) days
prior to the event; or
3. The patron remains on the connected, physical property of
the licensee or in a public area adjacent to t he physical property
of the licensee with prior municipal appro val; provided that written
notice of the use of the connected, physical property of the
licensee or public area shall be provided to the ABLE Commission at
least five (5) days prior to such use .
SECTION 4. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
March 25, 2021 - DO PASS AS AMENDED