OK
Oklahoma Senate Bill SB1749

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1749 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (2022)
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35+ENGROSSED SENATE
636 BILL NO. 1749 By: Leewright of the Senate
737
838 and
939
1040 McEntire of the House
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1445 An Act relating to alcoholic beverages; amending 37A
1546 O.S. 2021, Sections 2-110, as amended by Section 2,
1647 Chapter 462, O.S.L. 2021, and 2-128, which relate to
1748 mixed beverage license and on-premises beer and wine
1849 license; allowing for the sale of beer in sealed
1950 original packages by license d golf course or country
2051 club; providing exception from unlawful inducement
2152 under Oklahoma Alcoholic Beverage Control Act;
2253 allowing for removal of sealed original packages for
2354 off-premises use; and declaring an emergency.
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27-SUBJECT: Alcoholic beverages
2858
2959 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3160 SECTION 1. AMENDATORY 37A O.S . 2021, Section 2-110, as
3261 amended by Section 2, Chapter 462, O.S.L. 2021, is amended to read
3362 as follows:
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3563 Section 2-110. A. A mixed beverage license shall authorize the
3664 holder thereof:
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3865 1. To purchase alcohol, spirits, beer and/or wine in retai l
3966 containers from the holder of a wine and spirits wholesaler and beer
4067 distributor license as specifically provided by law;
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4295 2. To sell, offer for sale and possess mixed beverages f or on-
4396 premises consumption onl y, provided:
44-
4597 a. the holder of a mixed bevera ge license issued for an
4698 establishment which is also a restaurant may purchase
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4999 wine directly from a winemaker and beer directly from
50100 a small brewer who is permitted and has elected to
51101 self-distribute as provided in Article XXVIII-A of the
52102 Oklahoma Constitution, and
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54103 b. the holder of a mixed beverage license that is also a
55104 holder of a retail wine license or retail beer license
56105 or both a retail wine license and retail beer license
57106 shall not be prohibited from the on -premises sale of
58107 wine or beer, according to the license held, for off-
59108 premises consumption, subject to the limitations of
60109 the retail wine license or retail beer license ; and
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62110 3. To sell spirits in their original packages fo r consumption
63111 on its premises under the following con ditions:
64-
65112 a. spirits in their original packages shall remain and be
66113 consumed in the club suite of a mixed beverage
67114 licensee and may not be removed from the club suite if
68115 not consumed in their entirety at or before the
69116 conclusion of the period for which the club suite was
70117 made available to a specific patron or patrons by the
71118 mixed beverage licensee, and
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73146 b. spirits in their original packages to be consumed in
74147 the club suite are provided exclusively by the mixed
75148 beverage licensee.
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77149 B. Sales and service of mixed beverages by holders of mixed
78150 beverage licenses shall be limited to the licensed premises of the
79151 licensee unless the holder of the mixed beverage license also
80152 obtains a caterer license or a mixed bev erage/caterer combination
81153 license. A mixed beverage lic ense shall only be issue d in counties
82154 of this state where the sale o f alcoholic beverages by the
83155 individual drink for on-premises consumption has been authorized . A
84156 separate license shall be required for each place of business.
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86157 C. Holders of a mixed beve rage license shall not b e prohibited
87158 from obtaining and holding a re tail beer license or retail wine
88159 license or both a retail beer license and retail wine license;
89160 provided, that each holder qualifie s and maintains the
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92161 qualifications for each license held as set forth in this tit le and
93162 the rules promulgated by the ABLE Com mission.
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95163 D. Upon application, a mixed beverage license shall be issued
96164 for any place of business functioning as a motion picture theater,
97165 as defined by Section 1 -103 of this title. Provided, that upon
98166 proof of legal age to consume alcohol, every patron b eing served
99167 alcoholic beverages shall be required to wear a wrist bracelet or
100168 receive a hand stamp identifying the patron as being of legal age to
101169 consume alcohol. This requirement shall only apply inside a moti on
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102197 picture theater auditorium where individu als under the legal age to
103198 consume alcohol are allowed.
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105199 E. Holders of a mixed be verage license with a lice nsed premises
106200 on a business establishment that meets the clas sification of a golf
107201 course or country club pursuant to the most recently adopted North
108202 American Industry Classification System (NAICS) may also sell beer
109203 in sealed original packages for on -premises consumption. Such
110204 holders' sales of more than two ( 2) sealed original packag es to one
111205 person at one time for on-premises consumption shall not b e
112206 considered an unlawful inducement to stimulate consumption of
113207 alcoholic beverages under the Oklahoma Alcoholic Beverage Control
114208 Act, and patrons may remove sealed ori ginal packages from the
115209 licensed premises.
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117210 SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-128, is
118211 amended to read as follows:
119-
120212 Section 2-128. A. An on-premises beer and wine license shall
121213 authorize the holder thereof:
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123214 1. To purchase beer and wine i n retail containers from the
124215 holder of a wholesaler, beer distributo r, small brewer self-
125216 distribution or brewpub self-distribution license or as specifically
126217 provided by law. The holder of an on -premises beer and wine license
127218 issued for an establishment w hich is also a restaurant may purcha se
128219 wine from a winemaker who is permitted and has elected to self-
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129247 distribute as provided in Article XXVIII -A of the Oklahoma
130248 Constitution; and
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132249 2. To sell, offer for sale and possess beer and wine for on-
133250 premises consumption only; provided, an on -premises beer and wine
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136251 licensee may sell beer and wine for off-premises consumption if it
137252 meets the classification of a golf course, country club, or marina
138253 pursuant to the most recently adopted North American Industry
139254 Classification System (NAICS) subsection C of this section. The
140255 mixed beverage licensee shall be permitted to sell beer and wine for
141256 off-premises consumption during all days and hours in which a retail
142257 beer licensee or retail wine licensee is pe rmitted to sell beer or
143258 wine. The gross receipts tax se t forth in Section 5 -105 of this
144259 title shall apply to all alcoholic beverages sold by the on -premises
145260 beer and wine licensee, whether those alcoholic beverages are
146261 intended for on- or off-premises consumption. The ABLE Commission
147262 shall promulgate rules fo r the implementation of a specia l off-
148263 premises permit consistent with this subsection. The on-premises
149264 beer and wine licensee shall secure the special off -premises permit
150265 prior to selling beer and wi ne for off-premises consumption.
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152266 B. Sales and service o f beer and wine by holders of on -premises
153267 beer and wine licenses shall be limited to the lic ensed premises of
154268 the licensee unless the holder of the on -premises beer and wine
155269 license also obtains a cat erer license. An on -premises beer and
156270 wine license shall only be issued in counties of this state where
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157298 the sale of alcoholic beverages by the indi vidual drink for on-
158299 premises consumption has been authorized. A separate license shall
159300 be required for each place of business. No spirits shall be stored,
160301 possessed or consumed on the licensed p remises of an on-premises
161302 beer and wine license, unless the premises also has a mixed beverage
162303 license.
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164304 C. Holders of an on-premises beer and wine license with a
165305 licensed premises on a business establishment that meets the
166306 classification of a golf course or country club pursuant to the most
167307 recently adopted North American Industry Classification System
168308 (NAICS) may also sell beer in sealed original packages for on -
169309 premises consumption. Such holders' sales of more than two ( 2)
170310 sealed original packages to on e person at one time for on-premises
171311 consumption shall not be considered an unlawful induceme nt to
172312 stimulate consumption of alcoholic beverages under the Oklahoma
173313 Alcoholic Beverage Control Act, and patrons may remove sealed
174314 original packages from the lice nsed premises.
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176315 SECTION 3. It being immediately necessary for the pr eservation
177316 of the public peace, health or safety, an emergency is hereby
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180317 declared to exist, by reason whereof this act shall take eff ect and
181318 be in full force from and after its passage and approval.
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185-Passed the Senate the 28th day of February, 2022.
186-
187-
188-
189- Presiding Officer of the Senate
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192-Passed the House of Representatives the 26th day of April, 2022.
193-
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196- Presiding Officer of the House
197- of Representatives
198-
199-OFFICE OF THE GOVERNOR
200-Received by the Office of the Governor this _______ _____________
201-day of _________________ __, 20_______, at _______ o'clock _______ M.
202-By: _______________________________ __
203-Approved by the Governor of the State of Oklaho ma this _________
204-day of _________________ __, 20_______, at _______ o'clock _______ M.
205-
206- _________________________________
207- Governor of the State of Oklahoma
208-
209-
210-OFFICE OF THE SECRETARY OF STATE
211-Received by the Office of the Secretary of State this _______ ___
212-day of __________________, 20 _______, at _______ o'clock _______ M.
213-By: _______________________________ __
320+COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
321+SUBSTANCES, dated 04/14/2022 - DO PASS.