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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3003 By: Bashore
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37 A
O.S. 2021, Section 1 -104, which relates to interim
licenses; providing that a packa ge store may sale
refrigerated alcoholic seltzer; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37 A O.S. 2021, Section 1 -104, is
amended to read as follows :
Section 1-104. 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 Octo ber 1, 2017, shall continue
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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. T he 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 feder al
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 capa city, in the manufacture, sale, distribution
or transportation of alcoholic beverag es.
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, who se 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
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No. 68 of the 2nd Session of the 55th Oklahoma Legislatu re, 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 a ll qualified retail wine and retail
beer licensees to perform all activities permis sible 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 fo r an interim license, the licensee must
satisfy all the requirements set forth in A rticle 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, alcoholic seltzer, 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 distr ibutors 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 desig nated by a manufacturer as a
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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 l icense, 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 perm itted pursuant to the
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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).
SECTION 2. This act shall becom e effective November 1, 2022.
58-2-9438 JL 12/30/21