Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB760 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 760 By: Pugh and Bergstrom of the
7	37		Senate
8	38
9	39		and
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11	41		Osburn of the House
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18	47		An Act relating to alcoholic beverage license es;
19	48		amending Section 149, Chapter 366, O.S.L. 2016, as
20	49		amended by Section 8, Chapter 205, O.S.L. 2017 (37A
21	50		O.S. Supp. 2020, Section 6 -109),which relates to
22	51		prohibited acts of certain licensees; authorizing
23	52		transport of alcoholic beverages in certain common
24	53		areas for certain licensees; allowing ABLE Commission
25	54		to designate common drinking areas for certain
26	55		licensees; requiring notice of consent for common
27	56		areas of certain licensees; and declaring an
28	57		emergency.
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34		-	SUBJECT: Alcoholic beverage license es
35		-
36	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
37		-
38	64		SECTION 1. AMENDATORY Section 149, Chapter 366, O.S.L.
39	65		2016, as amended by Section 8, Chapter 205, O.S.L. 2017 (37A O.S.
40	66		Supp. 2020, Section 6 -109), is amended to read as follows:
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42	67		Section 6-109. No mixed beverage, beer and wine, bottle club,
43	68		caterer, charitable event, public event or special event licensee or
44	69		any employee, manager, operator or agent thereof shall:
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47		-	ENR. S. B. NO. 760 Page 2
48	97		1. Consume or be under the influence of alcoholic beverages
49	98		during the hours he or she is on duty. For the pur poses of this
50	99		section, licensees will be deemed to be on duty from the time the
51	100		licensee first comes on duty until the time the licensee goes off
52	101		duty at the end of the shift , including any break periods permitted
53	102		by management. This paragraph shall not a pply to any person who
54	103		works on the premises as an entertainer only;
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56	104		2. Permit or tolerate any conduct or language which is intended
57	105		to threaten another with physical harm or any fighting or offensive
58	106		physical contact, in or upon the licensed premises or areas just
59	107		outside the licensed premises which are controlled by the licensee;
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61	108		3. Permit empty or discarded alcoholic beverage containers to
62	109		be in public view outside the licensed premises. All empty or
63	110		discarded containers shall be disposed of in accord ance with ABLE
64	111		Commission rules and regulations;
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66	112		4. Permit any illegal gambling activity, violations of the
67	113		state narcotic and dangerous drug laws, prostitution activity or any
68	114		other criminal conduct to occur on the licensed premises;
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70	115		5. Refuse or fail t o promptly open a door to the licensed
71	116		premises upon request of an employee of the ABLE Commission or any
72	117		other peace officer to enter the premises when the licensee or
73	118		employee knows or should know that such request is made by an
74	119		employee of the ABLE Comm ission or a peace officer. This provision
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75	147		shall not be construed to deny employees of the ABLE Commission or
76	148		peace officers access at any time to any licensed premises;
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78	149		6. Permit a sealed or unsealed container of alcoholic beverage
79	150		to be removed from the licensed premises. Provided, that
80	151		restaurants, hotels and motels may permit the removal of closed
81	152		original wine containers the contents of which have been partially
82	153		consumed and bottle clubs may permit the removal by a club member of
83	154		closed original cont ainers of alcoholic beverages belonging to
84	155		members. The provisions of this paragraph shall not be construed to
85	156		prohibit or restrict:
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87	157		a. hotels or motels who are holders of mixed beverage or
88	158		on-premises beer and wine licenses from allowing
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90		-	ENR. S. B. NO. 760 Page 3
91	159		alcoholic beverages to be served away from the bar
92	160		area anywhere on the licensed premises,
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94	161		b. licensees, who are lawfully operating in a facility or
95	162		on property owned or operated by any agency, political
96	163		subdivision or public trust of this state, from
97	164		allowing persons to transport alcoholic beverages from
98	165		one licensed premises to another within the same
99	166		building or property, provided that the building or
100	167		property or a part thereof is defined as a common
101	168		drinking area for consumption of alcohol by resolution
102	169		of the governing body of the agency, political
103	170		subdivision or public trust of this state, or
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105	198		c. licensees, who are licensed to operate in a facility
106	199		or on property owned or operated by any agency,
107	200		political subdivision or public trust of this state,
108	201		from allowing other l icensees to operate on their
109	202		licensed premises for events that are temporary in
110	203		nature. In the event that multiple licensees are
111	204		operating in a facility or on property owned or
112	205		operated by any agency, political subdivision or
113	206		public trust of this state, e ach licensee shall be
114	207		responsible for violations occurring in their area
115	208		designated to be their temporary licensed premises; or
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117	209		d. licensees, who are lawfully operating in a facility or
118	210		property intended for multiple licensed premises
119	211		within the facility a nd also contains a common use
120	212		area, from allowing persons to transport alcoholic
121	213		beverages within the entire premises , which shall be
122	214		designated by the ABLE Commission as a common drinking
123	215		area for the consumption of alcoholic beverages.
124	216		Provided, further, the property owner and all
125	217		licensees licensed within the facility or property
126	218		desiring the entire premises be designated a common
127	219		drinking area shall notify the ABLE Commission in
128	220		writing of their consent prior to such area being
129	221		designated a common drin king area; or
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131	249		7. Destroy, damage, alter, remove or conceal potential
132	250		evidence, or attempt to do so, or refuse to surrender evidence when
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134		-	ENR. S. B. NO. 760 Page 4
135	251		lawfully requested to do so by an inspector, agent or any other
136	252		peace officer or incite another person to do any of th e above.
137		-
138	253		SECTION 2. It being immediately necessary for the preservation
139	254		of the public peace, health or safety, an emergency is hereby
140	255		declared to exist, by reason whereof this act shall take effect and
141	256		be in full force from and after its p assage and approval.
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144		-	ENR. S. B. NO. 760 Page 5
145		-	Passed the Senate the 4th day of March, 2021.
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149		-	Presiding Officer of the Sena te
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152		-	Passed the House of Representatives the 20th day of April, 2021.
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156		-	Presiding Officer of the House
157		-	of Representatives
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159		-	OFFICE OF THE GOVERNOR
160		-	Received by the Office of the Governor this _______ _____________
161		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
162		-	By: _______________________________ __
163		-	Approved by the Governor of the State of Oklahoma this _____ ____
164		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
165		-
166		-	_________________________________
167		-	Governor of the State of Oklahoma
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169		-
170		-	OFFICE OF THE SECRETARY OF STATE
171		-	Received by the Office of the Secretary of State this _______ ___
172		-	day of __________________, 20 _______, at _______ o'clock _______ M.
173		-	By: _________________________________
	258	+	COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
	259	+	SUBSTANCES, dated 04/08/2021 - DO PASS, As Coauthored.