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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3859 By: Strom
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 6 -102, which relates to licensee
prohibited acts under the Oklahoma Alcoholic Beverage
Control Act; providing that mixed beverage licensees
may sale to-go drinks at a different price than on-
premises drinks; 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 6 -
102, is amended to read as follows:
Section 6-102. A. No licensee of the A BLE Commission
shall:
1. Receive, possess or sell any alcoholic bever age 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 t he
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 s ervers or sales
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 cl ub 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 an y employee of the ABLE
Commission or law enforcement officer, a writte n,
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 dri nks to one person at one
time, except as provided for serving tasting flights
defined in Section 6-102.1 of this 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 cost to the mixed
beverage licensee; provided, a mixed beverage li censee
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 o r from open to close, and shall
not be required to offer such drink sp ecials at all
venues operating under the same mixed beverage
license; provided, a mixed beverage licensee selling
wine, six packs of beer, or cocktails to -go shall be
permitted to offer these to-go drinks at a different
price than on-premises drinks,
c. sell or offer to sell to any person an unlimited
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 charged the general public on that
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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
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, 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 prohibition shall not be appli cable 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 pre mises of restaurants, hotels and
motels, or to closed original contain ers 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 Commission;
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7. Permit any person to be drunk or intoxicated on the
licensee's licensed premises; or
8. Permit or allow any patron to serve or pour himself or
herself any alcoholic beverage, except a licensee may offer a patron
self-pour service of beer or wine, or both, from automated d evices
on licensed premises so long as:
a. the licensee monitors and has the ability to control
the dispensing of such beer or wine, or both, from the
automated devices. "Automated devi ce" shall mean any
mechanized device capable of dispensing wine or bee r,
or both, directly to a patron in exchange for
compensation that a licensee has received directly
from the patron, and
b. each licensee offering a patron self -pour service of
wine or beer, or both, from any automated device shall
provide constant video m onitoring of the automated
device at all times during which the licensee is open
to the public. The licensee shall keep recorded
footage from the video monitoring for at least sixty
(60) days, and shall provide the footage, upon
request, to any agent of t he Director of the ABLE
Commission or other authorized law enforcement agent.
B. 1. The compensation required by subparagraph a of paragraph
8 of subsection A of this section shall be in the form of a radio
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frequency identification (RFID) device, mobile application or any
other technology approved by the ABLE Commission containing a fixed
amount of volume of thirty -two (32) ounces for beer and ten (10)
ounces for wine that may be direct ly exchanged for beer or wine
dispensed from the automated device:
a. RFID devices may be assigned, used or reactivated only
during a business day,
b. each RFID device shall be obtained from the licensee
by a patron,
c. a licensee shall not issue more than one active RFID
device to a patron, and
d. an RFID device shall be de emed active if the RFID
device contains volume credit or has not yet been used
to dispense ten (10) ounces of wine or thirty -two (32)
ounces of beer.
2. In order to obtain an RFID devic e from a licensee, each
patron shall produce a valid driver license, i dentification card or
other government-issued document that contains a photograph of the
individual and demonstrates that the individual is at least twenty -
one (21) years of age. Each R FID device shall be programmed to
require the production of the patron 's valid identification before
the RFID device can be used for the first time during any business
day or for any subsequent reactivation.
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3. Each RFID device shall become inactive at t he end of each
business day.
4. Each RFID device shall be programmed to allow the dispensing
of no more than ten (10) ounces of wine or thirty -two (32) ounces of
beer to a patron:
a. once an RFID device has been used to dispense ten (10)
ounces of wine or thirty-two (32) ounces of beer to a
patron, the RFID device shall bec ome inactive, and
b. any patron in possession of an inactive RFID device
may, upon production of the patron's valid
identification to the licensee or licensee's employee,
have the RFID device reactivated to allow the
dispensing of an additional ten (10) ou nces of wine or
thirty-two (32) ounces of beer from an automated
device.
Paragraphs 1, 2, 3 and 4 of this subsection shall not apply to wine
or beer that is dispensed directly to the lic ensee or the licensee's
agent or employee.
C. A mixed beverage or bee r 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 patron to leave the licensed
premises with an open container of beer or wine only and:
1. The otherwise prohibited act w as committed during the hours
of 8 a.m. to midnight on the day of a scheduled home football game
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of institutions within The Oklahoma State System of Higher
Education, and the establishme nt 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 an d 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 the physical property
of the licensee with prior m unicipal approval; provided that written
notice of the use of the conn ected, 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 2. This act shall beco me effective November 1, 2022.
58-2-10993 JL 03/03/22