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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1708 By: Paxton of the Senate
and
Martinez of the House
An Act relating to alcoholic beverages; amend ing 37A
O.S. 2021, Section 2-121, which relates to employee
license; authorizing license to be allowed to
underage employee if working at a specified
workplace; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -121, is
amended to read as follows:
Section 2-121. A. An employee license shall authorize the
holder thereof to work in a licensed package store, retail s pirits,
retail wine or retail beer establishment, brewpub, mixed bev erage
establishment, beer and wine establishment, bo ttle club, public
event or any establishment where alcohol or alcoholic beverages are
sold, mixed or served. Persons employed by a mixe d beverage, on-
premises beer and wine, retail wine, retail beer, pub lic event or a
bottle club licensee who do not parti cipate in the service, mixing
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or sale of mixed beverages shall not be required to have an employee
license. Provided, however, that a m anager employed by a mixed
beverage licensee, public event licensee or a bottle club shall be
required to have an employ ee license whether or not the manager
participates in the service, mixing or sale of mixed beverages.
Applicants for an employee licens e must shall be at least eighteen
(18) years of age, except for applicants employed by a grocery store
or convenience store who shall b e at least sixteen (16) years of
age, and have a health card issued by the county in which they are
employed, if the county issues such a card; provided, the provisions
of this section shal l not be construed to permit any person under
twenty-one (21) years of age to be employed to sell spirits.
Employees of a special event, caterer, unless catering a mixed
beverage-licensed premises, or airline/railroad beverage licensee s
shall not be required to obtain an employee license; further,
employees of beer distr ibutors and other licensees holding licenses
issued by the ABLE Commission shall not be required to obtain an
employee license if such employee only sells alcohol or alc oholic
beverages to establishments holding licenses issued by the ABLE
Commission and not to the public. Persons employed by a hotel
licensee who participate in the stocking of hotel room mini -bars or
in the handling of alcoholic beverages to be placed in such devices
shall be required to have an employee license. As a prerequisite to
the issuance of an employee license, not later than fourteen (14)
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days after initial licensure, the first -time applicant shall be
required to have successfully completed a t raining program cond ucted
by the ABLE Commission, or by another entity approved by the ABLE
Commission, including an in-house training program conducted by the
employer. Proof of training completion shall be made available for
inspection by the ABLE Commi ssion at the busines s location employing
the licensee. The failure of an employee lice nsee to comply with
this section may constitute a revocable offense.
B. In the event the ABLE Commission denies an application for
an employee license, the Commission s hall provide written notice to
the applicant’s employer, if any. The notice shall be g iven at the
time notice is provided to the applicant.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safe ty, an emergency is hereby
declared to exist, by reason whereof this act shall take eff ect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/14/2022 - DO PASS.