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ENGROSSED SENATE
BILL NO. 791 By: Coleman of the Senate
and
Davis of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 6-103, as amended by Section 1,
Chapter 82, O.S.L. 2022 (37A O.S. Supp. 2022, Section
6-103), which relates to prohibited acts of retail
spirits licensees; excluding certain pricing from
prohibited acts; and providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 6-103, as
amended by Section 1, Chapter 82, O.S.L. 2022 (37A O.S. Supp. 2022,
Section 6-103), is amended to read as follows:
Section 6-103. A. No retail spirits l icensee shall:
1. Purchase or receive any alcoholic bevera ge other than from a
wine and spirits wholesaler, beer distributor, winery or small
brewer self-distribution licensee who elects to self-distribute;
2. Suffer or permit any retail container to be opened, or any
alcoholic beverage to be consumed on the lic ensed premises, except
when serving samples as authorized by Section 2-109 of this title or
otherwise permitted by law; provided, the licensee shall not permit
any alcoholic beverage content or retail container unsealed in
connection with sampling authoriz ed by Section 2-109 of this title
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to remain on the licensed premises at the close of business on that
day, excluding spirits;
3. Sell any alcoholic beverages at any hour other than between
the hours of 8:00 a.m. and midnight Monday through Saturday, and
shall not be permitted to be open on Thanksg iving Day or Christmas
Day; provided, a county may, pursuant to the provisions of
subsections B and C of Section 3-124 of this title, elect to allow
such sales between the hours of noon and midnight on Sunday. Re tail
spirits licensees shall be permitted t o sell alcoholic beverages on
the day of any General, Primary, Runoff Primary or Special Election
whether on a national, state, county or city electio n, provided that
the election day does not occur on any day on which such sales are
otherwise prohibited b y law;
4. Sell spirits in a city or town, unless such city or town has
a population in excess of two hundred (200) according to the latest
Federal Decennial Census;
5. Sell any alcoholic beverage on credit; prov ided, that
acceptance by a licensee of a cash or debit card or a nationally
recognized credit card in lieu of actual cash payment does not
constitute the extension of credit; provided, further, as used in
this section:
a. “cash or debit card” means any instrument or device
whether known as a deb it card or by any other name,
issued with or without fee by an issuer for the use of
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the cardholder in depositing, obtaining or
transferring funds from a consumer banking electronic
facility, and
b. “nationally recognized credit card” means any
instrument or device, whether known as a credit card,
credit plate, charge plate or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services or
anything else of value on credit which is accepted by
over one hundred retail locations;
6. Offer or furnish any prize, premium, gift or similar
inducement to a consumer in connection with the sale of alcoho lic
beverages, except that goods or merchandise included by the
manufacturer in packaging with alcoho lic beverages or for packaging
with alcoholic beverages shall not be included in this prohibition,
but no wholesaler or retailer shall sell any alcoholic b everage
prepackaged with other goods or merchandise at a p rice which is
greater than the price at whi ch the alcoholic beverage alone is
sold; provided, it shall not be considered inducement or a premium
for a retail spirits licensee to have an advertised price posted
higher online than the shelf price on the licensed premises; or
7. Pay for alcoholic beverages by a check or draft which is
dishonored by the drawee when presented to such dr awee for payment;
and the ABLE Commission may cancel or su spend the license of any
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retailer who has given a check or draft, as maker or endorser, which
is so dishonored upon presentation.
B. No retail spirits licensee shall permit any person under
twenty-one (21) years of age to enter into or remain within or ab out
the licensed premises unless accompan ied by the person’s parent or
legal guardian; provided, however, this restriction shall not apply
to an employee of a licensed beer distrib utor or wine and spir its
wholesaler who:
1. Is at least eighteen (18) years of age;
2. Is accompanied by a coworker at least twenty -one (21) years
of age; and
3. Enters for the sole purpose of merchandising or delivering
product to the licensee in the normal course of business.
SECTION 2. This act shall become effective Novembe r 1, 2023.
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives