An Act
ENROLLED SENATE
BILL NO. 1749 By: Leewright of the Senate
and
McEntire of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Sections 2-110, as amended by Section 2,
Chapter 462, O.S.L. 2021, and 2-128, which relate to
mixed beverage license and on-premises beer and wine
license; allowing for the sale of beer in sealed
original packages by license d golf course or country
club; providing exception from unlawful inducement
under Oklahoma Alcoholic Beverage Control Act;
allowing for removal of sealed original packages for
off-premises use; and declaring an emergency.
SUBJECT: Alcoholic beverages
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S . 2021, Section 2-110, as
amended by Section 2, Chapter 462, O.S.L. 2021, is amended to read
as follows:
Section 2-110. A. A mixed beverage license shall authorize the
holder thereof:
1. To purchase alcohol, spirits, beer and/or wine in retai l
containers from the holder of a wine and spirits wholesaler and beer
distributor license as specifically provided by law;
2. To sell, offer for sale and possess mixed beverages f or on-
premises consumption only, provided:
a. the holder of a mixed bevera ge license issued for an
establishment which is also a restaurant may purchase
ENR. S. B. NO. 1749 Page 2
wine directly from a winemaker and beer directly from
a small brewer who is permitted and has elected to
self-distribute as provided in Article XXVIII -A of the
Oklahoma Constitution, and
b. the holder of a mixed beverage license that is also a
holder of a retail wine license or retail beer license
or both a retail wine license and retail beer license
shall not be prohibited from the on -premises sale of
wine or beer, according to the license held, for off-
premises consumption, subject to the limitations of
the retail wine license or retail beer license ; and
3. To sell spirits in their original packages fo r consumption
on its premises under the following con ditions:
a. spirits in their original packages shall remain and be
consumed in the club suite of a mixed beverage
licensee and may not be removed from the club suite if
not consumed in their entirety at or before the
conclusion of the period for which the club suite was
made available to a specific patron or patrons by the
mixed beverage licensee, and
b. spirits in their original packages to be consumed in
the club suite are provided exclusively by the mixed
beverage licensee.
B. Sales and service of mixed beverages by holders of mixed
beverage licenses shall be limited to the licensed premises of the
licensee unless the holder of the mixed beverage license also
obtains a caterer license or a mixed bev erage/caterer combination
license. A mixed beverage lic ense shall only be issue d in counties
of this state where the sale of alcoholic beverages by the
individual drink for on-premises consumption has been authorized . A
separate license shall be required for each place of business.
C. Holders of a mixed beve rage license shall not b e prohibited
from obtaining and holding a retail beer license or retail wine
license or both a retail beer license and retail wine license;
provided, that each holder qualifie s and maintains the
ENR. S. B. NO. 1749 Page 3
qualifications for each license held as set forth in this tit le and
the rules promulgated by the ABLE Commission.
D. Upon application, a mixed beverage license shall be issued
for any place of business functioning as a motion picture theater,
as defined by Section 1 -103 of this title. Provided, that upon
proof of legal age to consume alcohol, every patron being served
alcoholic beverages shall be required to wear a wrist bracelet or
receive a hand stamp identifying the patron as being of legal age to
consume alcohol. This requirement shall only apply inside a moti on
picture theater auditorium where individuals under the legal age to
consume alcohol are allowed.
E. Holders of a mixed be verage license with a lice nsed premises
on a business establishment that meets the classification of a golf
course or country club pursuant to the most recently adopted North
American Industry Classification System (NAICS) may also sell beer
in sealed original packages for on -premises consumption. Such
holders' sales of more than two ( 2) sealed original packag es to one
person at one time for on-premises consumption shall not be
considered an unlawful inducement to stimulate consumption of
alcoholic beverages under the Oklahoma Alcoholic Beverage Control
Act, and patrons may remove sealed original packages from the
licensed premises.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-128, is
amended to read as follows:
Section 2-128. A. An on-premises beer and wine license shall
authorize the holder thereof:
1. To purchase beer and wine i n retail containers from the
holder of a wholesaler, beer distributor, small brewer self-
distribution or brewpub self-distribution license or as specifically
provided by law. The holder of an on -premises beer and wine license
issued for an establishment w hich is also a restaurant may purcha se
wine from a winemaker who is permitted and has elected to self-
distribute as provided in Article XXVIII -A of the Oklahoma
Constitution; and
2. To sell, offer for sale and possess beer and wine for on -
premises consumption only; provided, an on -premises beer and wine
ENR. S. B. NO. 1749 Page 4
licensee may sell beer and wine for off-premises consumption if it
meets the classification of a golf course, country club, or marina
pursuant to the most recently adopted North American Industry
Classification System (NAICS) subsection C of this section. The
mixed beverage licensee shall be permitted to sell beer and wine for
off-premises consumption during all days and hours in which a retail
beer licensee or retail wine licensee is permitted to sell beer or
wine. The gross receipts tax se t forth in Section 5-105 of this
title shall apply to all alcoholic beverages sold by the on -premises
beer and wine licensee, whether those alcoholic beverages are
intended for on- or off-premises consumption. The ABLE Commission
shall promulgate rules fo r the implementation of a special off-
premises permit consistent with this subsection. The on-premises
beer and wine licensee shall secure the special off -premises permit
prior to selling beer and wine for off -premises consumption.
B. Sales and service o f beer and wine by holders of on-premises
beer and wine licenses shall be limited to the lic ensed premises of
the licensee unless the holder of the on -premises beer and wine
license also obtains a caterer license. An on -premises beer and
wine license shall only be issued in counties of this state where
the sale of alcoholic beverages by the indi vidual drink for on-
premises consumption has been authorized. A separate license shall
be required for each place of business. No spirits shall be stored,
possessed or consumed on the licensed premises of an on-premises
beer and wine license, unless the premises also has a mixed beverage
license.
C. Holders of an on-premises beer and wine license with a
licensed premises on a business establishment that meets the
classification of a golf course or country club pursuant to the most
recently adopted North American Industry Classification System
(NAICS) may also sell beer in sealed original packages for on -
premises consumption. Such holders' sales of more than two ( 2)
sealed original packages to one person at one time for on-premises
consumption shall not be considered an unlawful induceme nt to
stimulate consumption of alcoholic beverages under the Oklahoma
Alcoholic Beverage Control Act, and patrons may remove sealed
original packages from the licensed premises.
SECTION 3. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
ENR. S. B. NO. 1749 Page 5
declared to exist, by reason wh ereof this act shall take eff ect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 1749 Page 6
Passed the Senate the 28th day of February, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklaho ma this _________
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __