SENATE FLOOR VERSION - HB1392 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
April 10, 2023
ENGROSSED HOUSE
BILL NO. 1392 By: Bashore and Pittman of the
House
and
Coleman of the Senate
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 6 -102, as amended by Section 1,
Chapter 300, O.S.L. 2022 (37A O. S. Supp. 2022,
Section 6-102), which relates to the prohibited acts
of licensees; expanding the exceptions to the means
or inducements to stimulate the consumption of
alcoholic beverages; providing that a specific number
of beers in reusable containers may be delivered to
individuals for on-premises consumption; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 6-102, as
amended by Section 1, Chapter 300, O.S.L. 2022 (37A O.S. S upp. 2022,
Section 6-102), is amended to read as follows:
Section 6-102. A. No licensee of the ABLE Commission shall:
SENATE FLOOR VERSION - HB1392 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Receive, possess or sell any alcoholic bevera ge except as
authorized by the Oklahoma Alcoholic Beverage Control Act and by the
license or permit which the licensee holds;
2. Employ any person under eighteen (18) years of age in the
selling of beer or w ine or employ any person under twenty-one (21)
years of age in the selling of spirits. Provided:
a. a mixed beverage, beer and wine, c aterer, public
event, special event, bottle club, retail wine or
retail beer licensee may employ servers or sales
clerks who are at least eighteen (18) years of age,
except persons under twenty-one (21) years of age may
not serve in designated bar or loung e areas, and
b. a mixed beverage, beer and wine, caterer, public
event, special event or bottle club licensee may
employ or hire musical bands who have musicians who
are under eighteen (18) years of age if each such
musician is either accompanied by a pare nt or legal
guardian or has on their person, to be made available
for inspection upon demand by any employee of the ABLE
Commission or law enforcement officer, a written ,
notarized affidavit from the parent or legal guardian
giving the underage musician pe rmission to perform in
designated bar or lounge areas;
SENATE FLOOR VERSION - HB1392 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Give any alcoholic beverage as a prize, premium or
consideration for any lottery, game of chance or skill or a ny type
of competition;
4. Use any of the following means or inducements to stimulate
the consumption of alcoholic beverages, including but not limited
to:
a. deliver more than two drinks to one person at on e
time, except:
(1) as provided for serving tast ing flights defined
in Section 6-102.1 of this title, or
(2) up to six (6) bottles or cans of beer in its
original packaging for on-premises consumption
may be delivered to one person at one time in a
reusable container, including but not limited to
a bucket or insulated cooler which may be cooled
by ice or another cooling method,
b. sell or offer to sell to any person or group of
persons any drinks at a price that is less than six
percent (6%) below the markup of the cost to the mixed
beverage licensee; provided, a mixed beverage licensee
shall be permitted to offer these drink specials on
any particular hour of any particular day and shall
not be required to offer these drink specials for an
entire calendar week or from open to close, a nd shall
SENATE FLOOR VERSION - HB1392 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not be required to offer such drink specials at all
venues operating under the same mixed beverage
license; provided, a mixed beverage licensee selling
wine, beer, or cocktails to-go shall be permitted to
offer these to-go drinks at a different price than on-
premises drinks,
c. sell or offer to sell to any person an unlimited
number of drinks during an y set period of time for a
fixed price, except at private functions not open to
the public,
d. sell or offer to sell drinks to any perso n or group of
persons on any one day or portion thereof at prices
less than those charged the general public on that
day, except at private f unctions not open to the
public,
e. increase the volume of alcoholic beverages contained
in a drink without increas ing proportionately the
price regularly charged for such drink during the same
calendar week, or
f. encourage or permit, on the licensed prem ises, any
game or contest which invo lves drinking or the
awarding of drinks as prizes.
SENATE FLOOR VERSION - HB1392 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Provided, that the provision s of this paragraph shall not
prohibit the advertising or offering of food, entertainment or
bottle service in licensed establishments;
5. Permit or allow any patron or person to exit the licensed
premises with an open container of any alcoholic beverage.
Provided, this prohibition shall not be applicable to closed
original containers of alcoholic beverages which are carr ied from
the licensed premises of a bottle club by a patr on, closed original
wine containers removed from the premises of restaurants, h otels and
motels, or to closed original containers of alcoholic beverages
transported to and from the place of business of a licensed caterer
by the caterer or an employee of th e caterer;
6. Serve or sell alcoholic beverages with an expired license
issued by the ABLE Commission;
7. Permit any person to be drunk or intoxicated on the
licensee's licensed premises; or
8. Permit or allow any pat ron to serve or pour himself or
herself any alcoholic beverage, except a licensee may offer a patron
self-pour service of beer or wine, or both, from automated devices
on licensed premises so long as:
a. the licensee monitors and has t he ability to control
the dispensing of such beer or wine , or both, from the
automated devices. "Automated device" shall mean any
mechanized device capable of dispensing wine or beer,
SENATE FLOOR VERSION - HB1392 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or both, directly to a patron in exchange for
compensation that a licen see has received dire ctly
from the patron, and
b. each licensee offering a patron self-pour service of
wine or beer, or both, from any automated device shall
provide constant video monitoring of the automated
device at all times during which the licensee i s open
to the public. The licensee shall keep recorded
footage from the video monitoring for at least sixty
(60) days, and shall provi de the footage, upon
request, to any agent of the Director of the ABLE
Commission or other authorized law enforcement age nt.
B. 1. The compensation required by subparagraph a o f paragraph
8 of subsection A of this section shall be in the form of a radio
frequency identification (RFID) device, mobile application or any
other technology approved by the ABLE Commission contai ning a fixed
amount of volume of thirty-two (32) ounces for beer and ten (10)
ounces for wine that may be directly exchanged for beer o r wine
dispensed from the automated device:
a. RFID devices may be assigned, used or reactivated only
during a business day,
b. each RFID device shall be obtained from the licens ee
by a patron,
SENATE FLOOR VERSION - HB1392 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. a licensee shall not issue more than one active RFID
device to a patron, and
d. an RFID device shall be deemed active if the RFID
device contains volume credit or has not yet been used
to dispense ten (10) ounces of wine or thirty -two (32)
ounces of beer.
2. In order to obtain an RFID device from a licensee, each
patron shall produce a valid driver license, identification card or
other government-issued document that contains a pho tograph of the
individual and demonstrates that the indiv idual is at least twenty-
one (21) years of age. Each RFID device shall be pro grammed to
require the production of the patron's valid identification before
the RFID device can be used for the first t ime during any busine ss
day or for any subsequent reactiv ation.
3. Each RFID device shall become inactive at the end of each
business day.
4. Each RFID device shall be programmed to allow the dispensing
of no more than ten (10) ounces of wine or thirty -two (32) ounces of
beer to a patron:
a. once an RFID device has been used to dispense ten (10)
ounces of wine or thirty -two (32) ounces of beer to a
patron, the RFID device shall become inactive, and
b. any patron in possession of an inactive RFID device
may, upon production of the patron's valid
SENATE FLOOR VERSION - HB1392 SFLR Page 8
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
identification to the licensee or licensee's employee,
have the RFID device reactivated to al low the
dispensing of an additional ten (10) ounces of wine or
thirty-two (32) ounces of beer from an automated
device.
Paragraphs 1, 2, 3 and 4 of this subsection shall not apply to wine
or beer that is dispensed directly to the licensee or the licensee 's
agent or employee.
C. A mixed beverage or beer and wine licensee shall not be
deemed to have violated the provisions of paragraph 5 of subsec tion
A of this section if it allowed a patron to leave the licensed
premises with an open container of beer or wi ne only and:
1. The otherwise prohibited act was committed during the hours
of 8 a.m. to midnight on the day of a schedul ed home football game
of institutions within The Oklahoma State System of Higher
Education, and the establishment is located within tw o thousand
(2,000) feet of the institution;
2. The licensee is participating by invitation in a municipally
sanctioned art, music or sporting event within city limits when the
municipality has provided written notice of the event and a list of
invited licensees to the ABLE Commission at least five (5) days
prior to the event; or
3. The patron remains on the connected, physi cal property of
the licensee or in a public area adjacent to the physical property
SENATE FLOOR VERSION - HB1392 SFLR Page 9
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of the licensee with prior municipal approval; prov ided that written
notice of the use of the connected, physical property of the
licensee or public area shall be provided t o the ABLE Commission at
least five (5) days prior to suc h use.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSI NESS AND COMMERCE
April 10, 2023 - DO PASS