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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 760 By: Pugh
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 licensee s; 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 dec laring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 149, Chapter 366, O.S.L.
2016, as amended by Sectio n 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, op erator or agent thereof shall:
1. Consume or be under the influence of alcoholic beverages
during the hours he or she is on duty. For the purposes of this
section, licensees will be deemed to be on duty from the time the
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licensee first comes on duty unti l the time the licensee goes off
duty at the end of the shift , including any break periods permitted
by management. This paragraph shall not apply to any person who
works on the premises as an entertainer only;
2. Permit or tolerate any conduct or langua ge 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 alco holic beverage containers to
be in public view outside the licensed premises. All empty or
discarded containers shall be disposed of in accordance 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 to promptly open a door to the li censed
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 Commission or a peace officer. This provision
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, t hat
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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 containers of alcoholic beverages be longing 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 b ar
area anywhere on the licensed premises,
b. licensees, who are lawfully operati ng 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 fr om
one licensed premises to another within the same
building or property, provide d 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
c. licensees, who are licensed to o perate in a facility
or on property owned or operated by any agency,
political subdivision or public trust of this state,
from allowing other licensees to operate on their
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licensed premises for events that are temporary in
nature. In the event that multip le licensees are
operating in a facility or on property owned or
operated by any agency, political subdivision or
public trust of this state, each licensee shall be
responsible for violations occurring in their area
designated to be their temporary license d premises; or
d. licensees, who are lawfully operating in a facility or
property intended for multiple licensed premises
within the facility and also contains a common use
area, from allowing persons to transport alcoholic
beverages from one licensed premises to the common use
area, which shall be designated by the ABLE Comm ission
as a common drinking area for the consumption of
alcoholic beverages. Provided , further, the property
owner and all licensees lic ensed within the facility
or property desiring a common use area be designated a
common drinking area shall notify the ABLE Commission
in writing of their consent prior to such area being
designated a common drinking area; or
7. Destroy, damage, alter, remove or conceal potential
evidence, or attempt t o do so, or refuse to surrender evidence when
lawfully requested to do so by an inspe ctor, agent or any other
peace officer or incite another person to do any of the above.
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SECTION 2. It being immediately necessary for the pr eservation
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 passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
February 18, 2021 - DO PASS