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SENATE FLOOR VERSION
April 8, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2090 By: Echols, Pae, Lawson, and
Bennett of the House
and
Paxton of the Senate
[ alcoholic beverages - delivery service license –
delivery of alcoholic beverages - delivery fee -
direct shipment of alcohol, liquor, wine, or beer -
ABLE Commission - direct hand-to-hand sale –
employees or independent contractors of retail beer
or wine licensees or delivery service licensees –
codification ]
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -162 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. Any individual, limited li ability company, corporation, or
partnership that is registered to do business in this state,
regardless of the residency of the ownership of the entity, may
apply for and be issued a delivery service license that autho rizes
the licensee to deliver alcohol ic beverages from a store holding a
retail beer or retail wine license, licensed by the Alcoholic
Beverage Law Enforcement (ABLE) Commission to sell alcoholic
beverage products, to any person in this state who is at least
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twenty-one (21) years of age for t he individual's personal use and
not for resale.
B. To receive a delivery service license, an applicant shall do
all of the following:
1. File an application with the Alcoholic Beverage Law
Enforcement (ABLE) Commissi on;
2. Provide to the ABLE Commissio n a sample contract that the
applicant intends to enter into with a retail beer or retail wine
licensee for the delivery of alcoholic beverage products, unless the
applicant is the holder of a retail beer or retail wine license or
operates under the same p arent company as the retail beer or retail
wine license holder;
3. Submit to the ABLE Commission an outline of internal or
external training for delivery service personnel that addresses
topics such as identifying unde rage persons, intoxicated persons,
and fake or altered identification;
4. Provide an attestation that the applicant is at least
twenty-one (21) years of age and has not been convicted of a felony
in any state or federal court;
5. Provide proof of a general liability insurance policy in an
amount not less than One Million Dollars ($1,000,000.00) per
occurrence; and
6. Be properly registered to conduct business in Oklahoma.
C. A delivery service licensee:
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1. May contract with any retail beer or retail wi ne licensee,
licensed to sell alcohol ic beverage products for off -premises
consumption, for the purpose of delivering alcoholic beverage
products;
2. May use its own employees or independent contractors who are
at least twenty-one (21) years of age to deliver such alcoholic
beverage products, provided such delivery service personnel shall
not have been convicted of any criminal offense relating to
alcoholic beverages. The delivery service licensee shall complete a
criminal history records check on each de livery driver who delivers
alcoholic beverages for a licensee;
3. May facilitate orders by telephone, Internet, or by other
electronic means for the sale and delivery of alcoholic beverages.
If payment is not received at the time of order, the delivery
service licensee may act as an agent o f the retail licensee in the
collection of payments from the sale of alcoholic beverages, but the
full amount of each order must be handled in a manner that gives the
retail licensee control over the ultimate receipt of the payment
from the consumer with t he retail licensee operating as the merchant
of record. The retail beer or retail wine licensee shall remain
responsible for the proper remittance of all applicable taxes on the
sale of the product;
4. Shall deliver only sealed containers of alcoholic be verage
products;
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5. Shall obtain from the consumer a confirmation that he or she
is at least twenty-one (21) years of age at the time the order is
placed;
6. Shall require the recipient, at the time of delivery, to
provide valid photo identification veri fying he or she is at least
twenty-one (21) years of age and sign for the delivery;
7. Shall possess identification scanning software technology or
a state-of-the-art alternative at the point of delivery to
authenticate that the recipient is at least twen ty-one (21) years of
age, and collect the recipient 's name and date of birth;
8. Shall return all alcoholic beverages to the retail beer or
retail wine licensee if the recipient is under twenty -one (21) years
of age, appears intoxicated, fails to provide proof of
identification, fails or refuses to sign for delivery, fails to
complete the identification verification process, declines to accept
the delivery of alcoholic beverages or beer, or if any circumstances
in the delivery environment indicate illegal conduct,
overconsumption, or an otherwise unsafe environment for the
consumption of alcohol. Such return shall occur on the same
business day;
9. May not deliver any alcoholic beverage to any person located
within a dry jurisdiction in Oklahoma;
10. Shall pick up alcoholic beverages for delivery only during
lawful sales hours in that jurisdiction for the retail beer or
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retail wine licensee holder ; provided, that orders may be delivered
and completed on the same day within a reasonable time thereafter;
11. Shall permit the ABLE Commission to perform an audit of the
licensee's records upon request and with sufficient notification;
12. Shall be deemed to have consented to the jurisdiction of
the ABLE Commission and the Oklahoma courts concerning enforcemen t
of this section and any related laws or rules; and
13. Shall be responsible for delivery of alcoholic beverage
products as provided in this act and by rule.
D. A delivery service licensee may renew its license with the
ABLE Commission by maintaining al l qualifications, paying annually a
renewal fee of Five Hundred Dollars ($500.00), and providing the
Commission with a true copy of its current license. The annual fee
for delivery service licensees shall be collected by the ABLE
Commission for deposit an d credit to the General Revenue Fund of
this state.
E. A delivery service licensee shall be authorized to charge
the consumer a delivery fee but shall not charge, add on, or collect
any portion of the amount of the retail sales price for the
alcoholic beverages.
F. A retail spirits licensee shall be prohibited from using
delivery service licensees for the purpose of completing alcoholic
beverage product deliveries to consumers.
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G. Nothing in this act shall be construe d to require a
technology services co mpany to obtain a delivery service license if
the company does not employ or contract with delivery agents, but
merely provides software or a digital network application that
connects consumers and retail beer or retail wine licensee for the
delivery of alcoholic beverages from the retail beer or retail wine
licensee. However, the act of connecting consumers to retail beer
or retail wine licensee shall serve to grant jurisdiction to the
State of Oklahoma.
H. The ABLE Commission may enforce the requirement s of this
section by the same administrative proceedings that apply to all
other alcoholic beverage licensees.
I. The ABLE Commission may enforce the requirements of this
section against any employee or independent contractor of a retail
beer or retail wine licensee or delivery service licensee,
irrespective of the status of any delivery service personnel as an
independent contractor or employee. Delivery to a minor shall be
treated as furnishing alcohol to a minor and shall result in any
applicable disciplinary action; provided, that the retail beer or
retail wine licensee shall not be held liable for violations that
occur after transferring possession of the alcohol beverage product
to the delivery service licensee.
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J. Nothing in this act shall be const rued to authorize the
direct shipment of alcohol, liquor, wine, or beer from any
manufacturer.
K. No person shall use a license or exercise any privileges
granted by the license except as provided by the Oklahoma Alcoh olic
Beverage Control Act.
L. No package containing alcoholic beverages may be delivered
to or left unattended at a residence or business address except for
the delivery of such package in person to the purchaser confirmed to
be twenty-one (21) years of age or older.
M. The ABLE Commission is authorized to promulgate rules,
regulations, forms, and procedures necessary to implement and
enforce the provisions of this section.
N. For purposes of this section, each delivery authorized by a
licensee to be made to a consumer shall be deemed a dir ect hand-to-
hand sale as though the consumer was physically present on the
licensed premises and authorized by law by such licensee.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2 -101, as
amended by Section 3, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
Section 2-101), is amended to read as follows:
Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
1. Brewer License................................ .. $1,250.00
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2. Small Brewer License .............................. $125.00
3. Distiller License ............................... $3,125.00
4. Winemaker License ................................ . $625.00
5. Small Farm Winery License .......................... $75.00
6. Rectifier License ............................... $3,125.00
7. Wine and Spirits Wholesaler License ............. $3,000.00
8. Beer Distributor License .......................... $750.00
9. The following retail spirits license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,500 population .......... $305.00
b. Retail Spirits License for cities and
towns from 2,501 to 5, 000 population........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 population ................. $905.00
10. Retail Wine License ............................ $1,000.00
11. Retail Beer License .............................. $500.00
12. Mixed Beverage License ......................... $1,005.00
(initial license)
$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License ..... $1,250.00
14. On-Premises Beer and Wine License ................ $500.00
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(initial license)
$450.00
(renewal)
15. Bottle Club License ............................ $1,000.00
(initial license)
$900.00
(renewal)
16. Caterer License................................ $1,005.00
(initial license)
$905.00
(renewal)
17. Annual Special Event License ...................... $55.00
18. Quarterly Special Event License ................... $55.00
19. Hotel Beverage License ......................... $1,005.00
(initial license)
$905.00
(renewal)
20. Airline/Railroad/Commercial Passenger Vessel Beverage
License................................ ........ $1,005.00
(initial license)
$905.00
(renewal)
21. Agent License................................ ..... $55.00
22. Employee License ................................ .. $30.00
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23. Industrial License ................................ $23.00
24. Carrier License ................................ ... $23.00
25. Private Carrier License ........................... $23.00
26. Bonded Warehouse Lice nse......................... $190.00
27. Storage License ................................ ... $23.00
28. Nonresident Seller License ...................... $750.00
29. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year........................... $50.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year........................... $75.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $150.00
30. Manufacturer's Agent License...................... $55.00
31. Sacramental Wine Supplier License ................ $100.00
32. Charitable Auction License ......................... $1.00
33. Charitable Alcoholic Beverage License ............. $55.00
34. Winemaker Self-Distribution License:
a. produced ten thousand (10,000) gallons or less in last
calendar year............................... $350.00
b. produced more than ten thousand (10,000) gallons but
no more than fifteen thousand (15,000) gallons in last
calendar year............................... $750.00
35. Annual Public Event License .................... $1,005.00
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36. One-Time Public Event License.................... $255.00
37. Small Brewer Self -Distribution License:
a. produced fifteen thousand (15,000) barrels or less in
last calendar year.......................... $350.00
b. produced more than fifteen thousand (15,000) barrels
in last calendar year....................... $750.00
38. Brewpub License ................................ $1,005.00
39. Brewpub Self-Distribution License ................ $750.00
40. Complimentary Beverage License .................... $75.00
41. Satellite Tasting Room License ................... $100.00
42. Delivery Service License ......................... $500.00
B. 1. There shall be added to the initial or renewal fees for
a mixed beverage license an administrative fee, which shall not be
deemed to be a license fee, in the amount of Five Hundred Dollars
($500.00), which shall be paid at the same time and in the same
manner as the license fees prescr ibed by paragraph 12 of subsection
A of this section; provided, this fee shall not be assessed against
service organizations or fraternal beneficiary societies which are
exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
Code.
2. There shall be added to the fee for a mixed beverage/caterer
combination license an administrative fee, which shall not be deemed
to be a license fee, in the amount of Two Hundred Fifty Dollars
($250.00), which shall be paid at the same time and in the same
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manner as the license fee prescribed by pa ragraph 13 of subsection A
of this section.
C. Notwithstanding the provisions of subsection A of this
section:
1. The license fee for a mixed beverage or bottle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
year; and
2. The renewal fee for an airline/railroad/commercial passenger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00).
D. An applicant may apply for and receive both an on -premises
beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses shall be valid for two
(2) years.
F. The holder of a license, issued by the ABLE Commission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the individual drink for on -premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage license or an on -premises beer and wine
license and operate the licensed premises as a mixed beverage
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establishment or an o n-premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
There shall be no additional fee for such exchange and the mixed
beverage license or on -premises beer and wine license issued shall
expire one (1) year from the date of issuance of the original bottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller License ...................... $2,500.00
2. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year.......................... $100.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year.......................... $225.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $450.00
3. Wine and Spirits Wholesaler License ............. $2,500.00
4. Beer Distributor ................................ $1,000.00
5. Retail Spirits License for cities and towns
over 5,000 population .......................... $250.00
6. Retail Spirits License for cities and towns
from 2,501 to 5,000 population ................. $200.00
7. Retail Spirits License for cities and towns
from 200 to 2,500 population ................... $150.00
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8. Retail Wine License ............................... $250.00
9. Retail Beer License ............................... $250.00
10. Mixed Beverage License ............................ $25.00
11. Mixed Beverage/Caterer Combination License ........ $25.00
12. Caterer License ................................ ... $25.00
13. On-Premises Beer and Wine License ................. $25.00
14. Annual Public Event License ....................... $25.00
15. Small Farm Winery License ......................... $25.00
16. Small Brewer License .............................. $35.00
17. Complimentary Beverage License .................... $25.00
The surcharge shall be paid concurrent with the licensee 's
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee, shall be deposited in the Alcoholic Beverage
Governance Revolving Fund established pursuant to Section 5 -128 of
this title.
H. Any license issued by the ABLE Commissio n under this title
may be relied upon by other licensees as a valid license, and no
other licensee shall have any obligation to independently determine
the validity of such license or be held liable solely as a
consequence of another licensee 's failure to maintain a valid
license.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2 -161, is
amended to read as follows:
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Section 2-161. A. Retail spirit licensees may sell curbside
and deliver alcoholic beverages including beer, wine, and s pirits in
sealed original containers to consumers aged twenty -one (21) years
and older as follows:
1. Only employees of the retail spirit licensee shall be
permitted to make alcoholic beverage product deliveries to
consumers;
2. Payment for alcoholic beverage product delivery by the
retail spirit licensee may be made by cash, check, transportable
credit/debit card processors or advance on-line online payment
methods; and
3. The retail spirit licensee shall be responsible for his or
her delivery employees as provided in Section 2 -133 of Title 37A of
the Oklahoma Statutes this title.
B. Small brewers and small farm wineries licensed by the
Oklahoma ABLE Commission may sell curbside only alcoholic beverages
produced by such licensee in sealed original containers to consumers
aged twenty-one (21) years and older as follows:
1. Only employees of the licensed small brewer or small farm
winery shall be permitted to make alcoholic beverage product
deliveries to consumers;
2. Payment for alcoholic beverage produ ct delivery by licensed
small brewers or small farm wineries may be made by cash, check,
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transportable credit/debit card processors, or advance on-line
online payment methods; and
3. Small brewers and small farm wineries shall be responsible
for their delivery employees as provided in Sectio n 2-133 of Title
37A of the Oklahoma Statutes this title.
C. Restaurants, bars and clubs holding mixed beverage, beer and
wine, or caterer/mixed beverage licenses issued by the Oklahoma ABLE
Commission may sell curbsid e and deliver only closed packages of
beer and wine to consumers aged twenty -one (21) years and older as
follows:
1. Only employees of such restaurant, bar or club licensee
shall be permitted to make alcoholic beverage package deliveries to
consumers;
2. Payment for alcoholic beverage packa ge delivery by licensed
restaurants, bars and clubs may be made by cash, check,
transportable credit/debit card processors, or advance on-line
online payment methods; and
3. Restaurants, bars and clubs licensed by the Oklahoma ABLE
Commission shall be res ponsible for their delivery employees as
provided in Section 2 -133 of Title 37A of the Oklahoma Statutes this
title.
D. Grocery and convenience stores holding a retail beer and/or
retail wine license issued by the Oklahoma ABLE Commission may sell
curbside and deliver original sealed containers of beer and/or wine
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only according to the license held to consumers aged twenty -one (21)
years and older as follows:
1. Only employees of such licensed grocery or convenience st ore
shall be permitted to make alcoho lic beverage product deliveries to
consumers;
2. Payment for alcoholic beverage product delivery by a
licensed grocery or convenience store may be made by cash, check,
transportable credit/debit card processors or advance on-line online
payment methods; and
3. Grocery and convenience store licensees shall be responsible
for their delivery employees as provided in Section 2 -133 of Title
37A of the Oklahoma Statutes this title.
E. Licensees authorized by this section to make alcoholic
beverage product deli veries to consumers are prohibited from
utilizing third-party vendors or delivery services for purposes of
completing such product deliveries to consumers.
F. Licensees authorized by this section to make alcoholic
beverage product deliveries to consumers shall comply with the laws,
rules, procedures and executive orders incumbent on such licensee.
G. The Oklahoma ABLE Commission is authorized to promulgate
rules, regulations, forms and procedures necessary to implement and
enforce the provisions of this s ection.
H. For purposes of this section each delivery authorized by a
licensee to be made by his or her employee shall be deemed a direct
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hand-to-hand sale as though the consumer was physically present on
the licensed premises and authorized by law by suc h licensee.
I. Notwithstanding any law or rule to the contrary, a delivery
service licensee, or an employee or independent contractor of a
delivery service licensee, in accordance with Section 1 of this act,
may transport and deliver alcoholic beverage pr oducts, including
curbside, from a retail beer or retail wine licensees to consumers
aged twenty-one (21) years and older for the consumer 's personal use
and not for resale.
J. Employees or independent contractors of licensed grocery
stores or convenience stores or delivery service licensees shall be
permitted to make alcoholic beverage product deliveries to consumers
aged twenty-one (21) years and older for the consumer 's personal use
and not for resale.
K. A delivery service licensee who is authorized b y law and by
contractual agreement with a grocery or convenience store licensee
to deliver alcoholic beverage products to a consumer shall be held
responsible for violations of alcoholic beverage laws or
administrative rules of the ABLE Commission affectin g his or her
license privilege to deliver alcoholic beverage products to
consumers.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 8, 2024 - DO PASS AS AMENDED