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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3003 By: Bashore
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38	38	AS INTRODUCED
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40	40	An Act relating to alcoholic beverages; amending 37 A
41	41	O.S. 2021, Section 1 -104, which relates to interim
42	42	licenses; providing that a packa ge store may sale
43	43	refrigerated alcoholic seltzer; and providing an
44	44	effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 37 A O.S. 2021, Section 1 -104, is
52	52	amended to read as follows :
53	53	Section 1-104. A. The Alcoholic Beverage Laws Enforcement
54	54	Commission created in Section 1 of Article XXVIII of the Oklahoma
55	55	Constitution is hereby re -created. The purpose of the Commission
56	56	shall be to enforce the alcoholic beverage laws of the state, and
57	57	the Commission shall have such power and authority to enforce such
58	58	laws, rules and regulations as shall be prescribed by the Oklahoma
59	59	Alcoholic Beverage Control Act.
60	60	B. The Commission shall consist of seven (7) members, to be
61	61	appointed by the Governor with the advice and consent of the State
62	62	Senate; provided, members serving on Octo ber 1, 2017, shall continue
63	63
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89	89	to serve until such time as their terms would have expired pursuant
90	90	to the provisions of Section 1 of Article XXVIII of the Oklahoma
91	91	Constitution. Five of the members shall be at -large members
92	92	representing the lay citizenry. T he remaining two members shall be
93	93	persons with law enforcement experience in this state. Any time
94	94	there is a vacancy on the Commission, the Governor shall appoint a
95	95	replacement, with the advice and consent of the State Senate, within
96	96	ninety (90) days.
97	97	C. Members of the Commission shall be appointed for a term of
98	98	five (5) years.
99	99	D. No more than four members of the Commission shall be
100	100	appointed from the same political party. No more than two members
101	101	of the Commission shall be appointed from the same feder al
102	102	congressional district.
103	103	E. No member of the Commission shall hold any license
104	104	authorized by the Oklahoma Alcoholic Beverage Control Act, or have
105	105	any interest in any capa city, in the manufacture, sale, distribution
106	106	or transportation of alcoholic beverag es.
107	107	F. The members of the Commission shall be removable from office
108	108	for cause as other officers not subject to impeachment.
109	109	G. The Commission shall appoint a Director, who se duties shall
110	110	be defined as provided in Section 1 -108 of this title.
111	111	H. The State of Oklahoma shall take all necessary steps to
112	112	ensure the timely implementation of Enrolled Senate Joint Resolution
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139	139	No. 68 of the 2nd Session of the 55th Oklahoma Legislatu re, if
140	140	approved by the voters. Consistent with this objective, the ABLE
141	141	Commission shall have the power to issue interim licenses prior to
142	142	October 1, 2018, as follows:
143	143	1. Except for the sale of wine or beer to the public, an
144	144	interim license shall allow a ll qualified retail wine and retail
145	145	beer licensees to perform all activities permis sible under a full
146	146	license including but not limited to purchasing, stocking and
147	147	storing the wine and/or full -strength beer prior to October 1, 2018.
148	148	In order to qualify fo r an interim license, the licensee must
149	149	satisfy all the requirements set forth in A rticle XXVIII-A of the
150	150	Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control
151	151	Act. This interim license shall convert to a full license on
152	152	October 1, 2018;
153	153	2. Package stores may install refrigerated coolers for the
154	154	storage of beer, alcoholic seltzer, and wine prior to October 1,
155	155	2018, provided the refrigerated coolers shall not be used to cool
156	156	product below room temperature prior to October 1, 2018; and
157	157	3. An interim license shall allow all qualified wine and
158	158	spirits wholesalers and beer distr ibutors to perform all activities
159	159	permissible under a full license including but not limited to
160	160	selling and delivering wine and/or full -strength beer to all
161	161	qualified retail wine and retail beer licensees. A wine and spirits
162	162	wholesaler that has been desig nated by a manufacturer as a
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189	189	distributor of its wine or spirits may post those designated
190	190	products by line-item, consistent with Section 3 -116.2 of this
191	191	title, on September 15, 2018, for sale effective October 1, 2018.
192	192	In order to qualify for an interim l icense, the wine and spirits
193	193	wholesaler and beer distributor must comply with the provisions set
194	194	forth in Article XXVIII -A of the Oklahoma Constitution and the
195	195	Oklahoma Alcoholic Beverage Control Act. The interim license shall
196	196	convert to a full license on October 1, 2018.
197	197	Provided, however, that a brewer is only permitted to sell beer
198	198	or cider to a beer distributor holding a valid interim license
199	199	pursuant to this section as follows:
200	200	a. such sales may begin no sooner than September 1, 2018,
201	201	b. the beer distributor either must be assigned a beer
202	202	distributor territory by the brewer pursuant to a
203	203	distributor agreement to begin October 1, 2018, or be
204	204	a brewer or an affiliate of a brewer that will be
205	205	permitted to distribute beer within two territories
206	206	pursuant to the provisions of subsection E of Section
207	207	3-108 of this title, and
208	208	c. the interim license only permits sales to retailers by
209	209	the interim licensee either in the distribution
210	210	territory as set forth in the distributor agreement or
211	211	in the two territories perm itted pursuant to the
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238	238	provisions of subsection E of Section 3 -108 of this
239	239	title.
240	240	I. No retail wine or retail beer licensee may sell wine and/or
241	241	beer, other than low -point beer, and no package store may sell
242	242	refrigerated wine and/or beer, prior to October 1, 2018. The sale
243	243	or refrigeration of wine and/or beer in violation of this subsection
244	244	shall result in the revocation of the interim license and a monetary
245	245	fine of Twenty-five Thousand Dollars ($25,000.00).
246	246	SECTION 2. This act shall becom e effective November 1, 2022.
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248	248	58-2-9438 JL 12/30/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3003 Compare Versions