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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 760 By: Pugh and Bergstrom of the
Senate
and
Osburn of the House
An Act relating to alcoholic beverage license es;
amending Section 149, Chapter 366, O.S.L. 2016, as
amended by Section 8, Chapter 205, O.S.L. 2017 (37A
O.S. Supp. 2020, Section 6 -109),which relates to
prohibited acts of certain licensees; authorizing
transport of alcoholic beverages in certain common
areas for certain licensees; allowing ABLE Commission
to designate common drinking areas for certain
licensees; requiring notice of consent for common
areas of certain licensees; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY Section 149, Chapter 366, O.S.L.
2016, as amended by Section 8, Chapter 205, O.S.L. 2017 (37A O.S.
Supp. 2020, Section 6 -109), is amended to read as follows:
Section 6-109. No mixed beverage, beer and wine, bottle club,
caterer, charitable event, public event or special event licensee or
any employee, manager, operator or agent thereof shall:
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1. Consume or be under the influence of alcoholic beverages
during the hours he or she is on duty. For the pur poses of this
section, licensees will be deemed to be on duty from the time the
licensee first comes on duty until the time the licensee goes off
duty at the end of the shift , including any break periods permitted
by management. This paragraph shall not a pply to any person who
works on the premises as an entertainer only;
2. Permit or tolerate any conduct or language which is intended
to threaten another with physical harm or any fighting or offensive
physical contact, in or upon the licensed premises or areas just
outside the licensed premises which are controlled by the licensee;
3. Permit empty or discarded alcoholic beverage containers to
be in public view outside the licensed premises. All empty or
discarded containers shall be disposed of in accord ance with ABLE
Commission rules and regulations;
4. Permit any illegal gambling activity, violations of the
state narcotic and dangerous drug laws, prostitution activity or any
other criminal conduct to occur on the licensed premises;
5. Refuse or fail t o promptly open a door to the licensed
premises upon request of an employee of the ABLE Commission or any
other peace officer to enter the premises when the licensee or
employee knows or should know that such request is made by an
employee of the ABLE Comm ission or a peace officer. This provision
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shall not be construed to deny employees of the ABLE Commission or
peace officers access at any time to any licensed premises;
6. Permit a sealed or unsealed container of alcoholic beverage
to be removed from the licensed premises. Provided, that
restaurants, hotels and motels may permit the removal of closed
original wine containers the contents of which have been partially
consumed and bottle clubs may permit the removal by a club member of
closed original cont ainers of alcoholic beverages belonging to
members. The provisions of this paragraph shall not be construed to
prohibit or restrict:
a. hotels or motels who are holders of mixed beverage or
on-premises beer and wine licenses from allowing
alcoholic beverages to be served away from the bar
area anywhere on the licensed premises,
b. licensees, who are lawfully operating in a facility or
on property owned or operated by any agency, political
subdivision or public trust of this state, from
allowing persons to transport alcoholic beverages from
one licensed premises to another within the same
building or property, provided that the building or
property or a part thereof is defined as a common
drinking area for consumption of alcohol by resolution
of the governing body of the agency, political
subdivision or public trust of this state, or
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c. licensees, who are licensed to operate in a facility
or on property owned or operated by any agency,
political subdivision or public trust of this state,
from allowing other l icensees to operate on their
licensed premises for events that are temporary in
nature. In the event that multiple licensees are
operating in a facility or on property owned or
operated by any agency, political subdivision or
public trust of this state, e ach licensee shall be
responsible for violations occurring in their area
designated to be their temporary licensed premises; or
d. licensees, who are lawfully operating in a facility or
property intended for multiple licensed premises
within the facility a nd also contains a common use
area, from allowing persons to transport alcoholic
beverages within the entire premises , which shall be
designated by the ABLE Commission as a common drinking
area for the consumption of alcoholic beverages.
Provided, further, the property owner and all
licensees licensed within the facility or property
desiring the entire premises be designated a common
drinking area shall notify the ABLE Commission in
writing of their consent prior to such area being
designated a common drin king area; or
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7. Destroy, damage, alter, remove or conceal potential
evidence, or attempt to do so, or refuse to surrender evidence when
lawfully requested to do so by an inspector, agent or any other
peace officer or incite another person to do any of th e above.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its p assage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/08/2021 - DO PASS, As Coauthored.