An Act
ENROLLED 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 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.
SUBJECT: Alcoholic beverage license es
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 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 s pecial event licensee or
any employee, manager, operator or agent thereof shall:
ENR. S. B. NO. 760 Page 2
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
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 apply to any person who
works on the premises as an entertainer only;
2. Permit or tolerate any condu ct 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 di scarded alcoholic 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 Commi ssion 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
restaurants, hotels a nd 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 co nstrued to
prohibit or restrict:
a. hotels or motels who are holders of mixed beverage or
on-premises beer and wine licenses from allowing
ENR. S. B. NO. 760 Page 3
alcoholic beverages to be served away from the b ar
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 fr om
one licensed premise s 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 t rust of this state, or
c. licensees, who are l icensed 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 licensees 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, each licensee shall be
responsible for violations occurring in their area
designated to be their tempo rary licensed 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 per sons to transport alcoholic
beverages within the entire premises, 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 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 drinking area; or
7. Destroy, damage, alter, remove or conceal potential
evidence, or attempt t o do so, or refuse to surrender evidence when
ENR. S. B. NO. 760 Page 4
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.
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.
ENR. S. B. NO. 760 Page 5
Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Sena te
Passed the House of Representatives the 20th day of April, 2021.
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 Oklahoma 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: _________________________________