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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2354 By: Echols
COMMITTEE SUBSTITUTE
An Act relating to alc oholic beverages; amending 37A
O.S. 2021, Sections 1-103, which relate to alcoholic
beverages; modifying the definition of grocery store;
modifying definition of retailer to inclu de grocery
retail spirits license holders; creating the grocery
retail spirits license; providing fees for a groce ry
retail spirits licen se; providing annual surcharges
for a grocery retail spirits license; providing that
a small brewer self-distribution licensee may self-
distribute to a holder of a grocery retail spirits
license; providing that a charitable collabora tion
brewer licensee if they also possess a self-
distribution license may self -distribute to a holder
of a grocery retail spirits license; pro viding that a
winemaker self-distribution licensee may self -
distribute directly to a holder of a grocery retail
spirits license; providi ng that a grocery retail
spirits licensee may purchase wine and spirits from
wholesalers, beer from distributors and hol ders of a
small brewer self-distribution license, to sell
alcoholic beverages for off premise consumption, and
to host alcoholic beverag e tastings; providing that a
holder of an employee license shall be allowed to
work in licensed grocery retail spirits s tore;
modifying the minimum age to sell spirits; providing
that a grocery retail spirits licensee shall not be
required to have a carrie r license or a private
carrier license; requiring applicants seeking to
obtain a grocery retail spirits license to first
publish their intention to apply for such license;
providing required inform ation for an applicant
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seeking a grocery retail spirits lic ense to provide
to the Alcoholic Beverage Law Enforcement (ABLE)
Commission; providing grounds to deny a grocery
retail spirits license application or renewal;
providing grounds for revocation or s uspension of a
grocery retail spirits license; providing th at a
grocery retail spirits licensee may sell curbside and
may deliver; providing re quirements for curbside and
deliveries; providing that grocery retail spirits
licensee may resell beer only in it s original packing
or as individual containers; providing t hat person
privileged to sell alcoholic beverages are prohibited
from making inducements to grocery retail spirits
license holders; prohibiting certain acts by grocery
retail spirits licensees; pro hibiting a wholesaler
licensee from selling or delivering w ine or spirits
to a holder of a grocery retail spirits license on
certain days; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 1-103, is
amended to read as follows:
Section 1-103. As used in the Oklahoma Alcoholic Beverage
Control Act:
1. "ABLE Commission" or "Commission" means the Alcoholic
Beverage Laws Enforcement Commission;
2. "Alcohol" means and includes hydrated oxide of ethy l, ethyl
alcohol, ethanol or spirits of wine, f rom whatever source or by
whatever process produced . It does not include wood alcohol or
alcohol which has been denatu red or produced as denatured in
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accordance with Acts of Congress and regulations promulgat ed
thereunder;
3. "Alcoholic beverage" means alcohol, spirits, beer and wine
as those terms are defined herein and also includes every liquid or
solid, patented or n ot, containing alcohol, spirits, wine or beer
and capable of being c onsumed as a beverage by human beings;
4. "Applicant" means any individual, legal or commercial
business entity, or any individual involved in any legal or
commercial business entity allo wed to hold any license issued in
accordance with the Oklahoma Alcoh olic Beverage Control Act;
5. "Beer" means any beverage of alcoho l by volume and obtained
by the alcoholic fermentation of an infusion or deco ction of barley,
or other grain, malt or simi lar products. "Beer" may or may not
contain hops or other vegetable products. "Beer" includes, among
other things, beer, ale, stout, lager beer, porter and other malt or
brewed liquors, but does not include sa ke, known as Japanese rice
wine;
6. "Beer keg" means any brewer-sealed, single container that
contains not less than four (4) gallons of beer;
7. "Beer distributor" means and includes any person licensed to
distribute beer for retail sale in the state, b ut does not include a
holder of a small brewe r self-distribution license or brewpub self-
distribution license . The term "distributor", as used in the
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Oklahoma Alcoholic Beverag e Control Act, shall be construed to refer
to a beer distributor;
8. "Bottle club" means any establishment in a county whic h has
not authorized the retail sale of alcoholic beverages by the
individual drink, which is required to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. "Bottle service" means the sale and provision o f spirits in
their original packages by a mixed beverage licensee to be consumed
in that mixed beverage licensee's club suite;
10. "Brand" means any word, name, group of letters, symbol or
combination thereof, that is adopted and used by a licensed brewer
to identify a specific beer, wine or spirit and to distinguish that
product from another beer, wine or spirit;
11. "Brand extension" means:
a. after October 1, 2018, any brand of beer or cider
introduced by a manufacturer in this state which
either:
(1) incorporates all or a substantial part of the
unique features of a p reexisting brand of th e
same licensed brewer, or
(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
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b. any brand of beer that a brewer, the majori ty of whose
total volume of all brands of beer distributed in this
state by such brewer on January 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporated all or a substantial
part of the unique features of a preexisting low-
point beer brand of the same licensed brewer, or
(2) relies or relied to a sign ificant extent on the
goodwill associated wit h a preexisting low-point
beer brand;
12. "Brewer" means and includes any person who manu factures for
human consumption by the use of raw materials or other ingredients
any beer or cider upon which a license fe e and a tax are imposed by
any law of this state;
13. "Brewpub" means a licensed establishment operated on the
premises of, or on prem ises located contiguous to, a small brewer,
that prepares and serves food and beverages, including alcoholic
beverages, for on-premises consumption;
14. "Cider" means any alcoholic beverage obtained by the
alcoholic fermentation of f ruit juice, including but not limited to
flavored, sparkling or carbonated cider. For the purposes of the
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manufacture of this product, cider m ay be manufactured by either
manufacturers or brewers. For the purposes of the distribution of
this product, cider may be distributed by either wine and spirits
wholesalers or beer distributors;
15. "Club suite" means a designated area within the premise s of
a mixed beverage licensee designed to pr ovide an exclusive space
which is limited to a patron or patrons spe cifically granted acce ss
by a mixed beverage licensee and is not accessible to other patrons
of the mixed beverage licensee or the public . A club suite must
have a clearly designated poin t of access for a patron or patrons
specifically granted access by t he mixed beverage lice nsee to ensure
that persons present in the suite are limited to patrons
specifically granted access by the mixed beverage licensee and
employees providing services to the club suite;
16. "Convenience store" means any person primarily engaged in
retailing a limited range of general household items and groceries,
with extended hours of operation, whether or not engaged in ret ail
sales of automotive fuels in combination with such sales;
17. "Convicted" and "conviction" mean and include a finding of
guilt resulting from a plea of guilty or nolo contendere , the
decision of a court or magistrate or the verdict of a jury,
irrespective of the pronouncement of judgment or the suspension
thereof;
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18. "Designated products" means the brands of w ine or spirits
offered for sale by a manufacturer that the manufactur er has
assigned to a designated wholesaler for exclusive distribution;
19. "Designated wholesaler " means a wine and spirits wholesaler
who has been selected by a manufacturer as a wholes aler appointed to
distribute designated products;
20. "Director" means the Director of the ABLE Commission;
21. "Distiller" means any person who produces spirits from any
source or substance, or any person who brews or makes mash, wort or
wash, fit for distillation or for the production of spirits (except
a person making or using such material in the authorized production
of wine or beer, or th e production of vinegar by fermentation), or
any person who by any process separates alcoholic spirits from any
fermented substance, or any person who, making or keeping mash, wort
or wash, has also in his or her possession or use a still;
22. "Distributor agreement" means the written agreement betw een
the distributor and brewer as set forth in Section 3-108 of this
title;
23. "Drug store" means a person primarily engaged in retaili ng
prescription and nonprescription drugs and medicines;
24. "Dual-strength beer" means a brand of beer that,
immediately prior to April 15, 2017, was being sold and distributed
in this state:
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a. as a low-point beer pursuant to the Low-Point Beer
Distribution Act in effect immediately prior to
October 1, 2018, and
b. as strong beer pursuant to the Alcoholic Beverage
Control Act in effect immediately prior to October 1,
2018,
and continues to be sold and distri buted as such on October 1, 2018.
Dual-strength beer does not include a brand of beer that arose as a
result of a brand extension as defined in this section;
25. "Fair market value" means the value in the subject
territory covered by the written agreemen t with the distributor or
wholesaler that would be determined in an arm's length transaction
entered into without duress or threat of termination of the
distributor's or wholesaler's rights and shall include all elements
of value, including goodwill and go ing-concern value;
26. "Good cause" means:
a. failure by the distributor to comply with the material
and reasonable provisions of a written agreement or
understanding with the brewer, or
b. failure by the distributor to comply with t he duty of
good faith;
27. "Good faith" means the duty of each party to any
distributor agreement and all officers, employees or agents thereo f
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to act with honesty in fact and within reas onable standards of fair
dealing in the trade;
28. "Grocery store" means a person primari ly engaged in
retailing a general line of food, such as canned or frozen foods,
fresh fruits and vegetables, and fresh an d prepared meats, fish and
poultry, and no more than twenty percent (20%) of the person's
monthly sales are comprised of spirits;
29. "Hotel" or "motel" means an establishment which is licensed
to sell alcoholic beverages by the indi vidual drink and which
contains guestroom accommodations with respe ct to which the
predominant relationship existing between the occupa nts thereof and
the owner or operator of the establishment is that of innkeeper and
guest. For purposes of this section, the existence of other legal
relationships as between some occupan ts and the owner or operator
thereof shall be immaterial;
30. "Legal newspaper" means a newspaper meeting the requisites
of a newspaper for publication of legal notices as prescribed in
Sections 101 through 114 of Title 25 of the Oklahoma Statutes;
31. "Licensee" means any person holding a license under the
Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
employee of such licensee while in the performance of any act or
duty in connection with the licensed business or on the licensed
premises;
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32. "Low-point beer" shall mean any beverages containing more
than one-half of one percent (1/2 of 1%) alcohol by volume, and not
more than three and two-tenths percent (3.2%) alcoho l by weight,
including but not limited to, beer or cereal malt beve rages obtained
by the alcoholic fermentation of an infusion by barle y or other
grain, malt or similar products;
33. "Manufacturer" means a distiller, winemaker, rectifier or
bottler of any alcoholic beverage (other than beer) and its
subsidiaries, affilia tes and parent companies;
34. "Manufacturer's agent" means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of the
manufacturer or nonresident seller in the state;
35. "Meals" means foods commonly ordered at lunch or di nner and
at least part of which is cooked on the licensed premises a nd
requires the use of dining implements for consumption. Provided,
that the service of only food such as appetizers, sandwiches, salads
or desserts shall not be considered "meals";
36. "Mini-bar" means a closed container, either refrigerated in
whole or in part, or nonrefrig erated, and access to the interior of
which is:
a. restricted by means of a locking device whic h requires
the use of a key, magnetic card or similar device, or
b. controlled at all times by the licensee;
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37. "Mixed beverage cooler " means any beverage, by whatever
name designated, consisting of an alco holic beverage and fruit or
vegetable juice, fruit or vegetable flavorings, dairy products or
carbonated water containi ng more than one-half of one percent (1/2
of 1%) of alcohol measured by volume but not mor e than seven percent
(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seventy -five
(375) milliliters. Such term shall include but not be limited to
the beverage popularly known as a "wine cooler";
38. "Mixed beverages" means one or more servings of a beverage
composed in whole or part of an alcoholic beverage in a sealed or
unsealed container o f any legal size for consumption on the premises
where served or sold by the holder of a m ixed beverage, beer and
wine, caterer, public e vent, charitable event or special event
license;
39. "Motion picture theater" means an establishment which is
licensed by Section 2-110 of this title to sell alcoholic beverages
by the individual drink and wh ere motion pictures are exhibited, and
to which the general public is admitted;
40. "Nondesignated products" means the brands of wine or
spirits offered for sale by a manufacturer that have not been
assigned to a designated wholesale r;
41. "Nonresident seller" means any person licensed pursuant to
Section 2-135 of this title;
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42. "Retail salesperson" means a salesperson soliciting orders
from and calling upon retail alcoholic beverage stores with regard
to his or her product;
43. "Occupation" as used in connection with "occupation tax"
means the sites occupied as the places of business of the
manufacturers, brewers, wholesalers, beer distributors, retailers,
mixed beverage licensees, on-premises beer and wine licensees,
bottle clubs, caterers, public eve nt and special event licensees;
44. "Original package" means any container of alcohol ic
beverage filled and stamped or sealed by the manufacturer or brewer;
45. "Package store" means any sole proprietor or partnership
that qualifies to sell wine, beer an d/or spirits for off-premises
consumption and that is not a grocery store, convenienc e store or
drug store, or other retail outlet that is not permitted to sell
wine or beer for off-premises consumption;
46. "Patron" means any person, customer or visitor who is not
employed by a licensee or who is not a licensee;
47. "Person" means an individual, any type of partnership,
corporation, association, limited liability co mpany or any
individual involved in the legal structure of any such business
entity;
48. "Premises" means the grounds and all buildings and
appurtenances pertaining to the grounds including any adjacent
premises if under the direct or indirect control of the licensee and
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the rooms and equipment under the control of the li censee and used
in connection with or in furtherance of the business covered by a
license. Provided that the ABLE Commission shall have the authority
to designate areas to be excluded fro m the licensed premises solely
for the purpose of:
a. allowing the presence and consumptio n of alcoholic
beverages by private parties whi ch are closed to the
general public, or
b. allowing the services of a caterer serving alcoholic
beverages provided by a private party.
This exception shall in no way limit the licensee 's concurrent
responsibility for any violations of the Oklahoma Alcoholi c Beverage
Control Act occurring on the licensed premises;
49. "Private event" means a social gathering or event atten ded
by invited guests who share a common cause, membership, business or
task and have a prior established relationship. For purposes of
this definition, advertisement for general public at tendance or
sales of tickets to the general public shall not consti tute a
private event;
50. "Public event" means any event that can b e attended by the
general public;
51. "Rectifier" means any person who rectifies, purifies or
refines spirits or wines b y any process (other than by original and
continuous distillation, or original and continuous processing, from
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mash, wort, wash or othe r substance, through c ontinuous closed
vessels and pipes, until the p roduction thereof is complete ), and
any person who, without rectifying, purifying or refining spirits,
shall by mixing (except for immediate consumption on the premises
where mixed) such spirits, wine or other liquor with any material,
manufactures any spu rious, imitation or compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
or any other name;
52. "Regulation" or "rule" means a formal rule of g eneral
application promulgated by the ABLE Commission as herein requi red;
53. "Restaurant" means an establishment that i s licensed to
sell alcoholic beverages by the individual drink for on-premises
consumption and where food is prepared and sold for imme diate
consumption on the premises;
54. "Retail container for spirits and wines" means an original
package of any capacit y approved by the United States Bureau of
Alcohol, Tobacco and Fire arms;
55. "Retailer" means a package store, grocery store,
convenience store or drug stor e licensed to sell alcoholic beverages
for off-premises consumption pursuant to a Grocery Retail Spirits
License, Retail Spirits License, Retail Wine License or Retail Beer
License;
56. "Sale" means any transfer, exchange or barter i n any manner
or by any means whatsoever, and includes and means all sales made by
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any person, whether as principal, proprieto r or as an agent, servant
or employee. The term "sale" is also declared to be and include the
use or consumption in this state of any alcoholic beverage obtained
within or imported from without this state, upon which the excise
tax levied by the Oklahoma Alcoholic Beverage Control Act has not
been paid or exempted;
57. "Short-order food" means food other than full meals
including but not limited to sandw iches, soups and salads. Provided
that popcorn, chips and other similar snack food shall not be
considered "short-order food";
58. "Small brewer" means a brewer who manufactures less than
sixty-five thousand barrels of beer annually pursuant to a validly
issued Small Brewer License hereunder;
59. "Small farm wine" means a wine that is produced by a sm all
farm winery with seventy-five percent (75%) or more Oklahoma-grown
grapes, berries, other fruits, honey or vegetables;
60. "Small farm winery" means a wine-making establishment that
does not annually produce for sale more than fifteen thousand
(15,000) gallons of wine as reported on the United States Department
of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
61. "Sparkling wine" means champagne or any artificially
carbonated wine;
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62. "Special event" means an entertainment, recreation or
marketing event that occurs at a single location on an irregular
basis and at which alcoholic beverage s are sold;
63. "Spirits" means any beverage other than wine or beer, which
contains more than one-half of one percent (1/2 of 1%) alcohol
measured by volume, and obtained by distillation, whether or not
mixed with other substances i n solution and include s those products
known as whiskey, brandy, rum , gin, vodka, liqueurs, cordials and
fortified wines and similar compounds , but shall not include any
alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto ;
64. "Strong beer" means beer which, prior t o October 1, 2018,
was distributed pursuant to th e Oklahoma Alcoholic Beve rage Control
Act, Section 501 et seq. of Title 37 of the Oklahoma Statutes;
65. "Successor brewer" means a primary source of supply, a
brewer, a cider manufacturer or an importer th at acquires rights to
a beer or cider brand from a predecessor brewer;
66. "Tax Commission" means the Oklahoma Tax Commission;
67. "Territory" means a geographic region with a specified
boundary;
68. "Wine and spirits wholesaler" or "wine and spirits
distributor" means and includes any sole propri etorship or
partnership licensed to distribute wine and spirits in the state.
The term "wholesaler", as used in the Oklahoma Alcoholic Beverag e
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Control Act, shall b e construed to refer to a wine and spirits
wholesaler;
69. "Wine" means and includes any beverage containing more than
one-half of one percent (1/2 of 1%) alcohol by volume and not more
than twenty-four percent (24%) alcohol by volum e at sixty (60)
degrees Fahrenheit obtained by the fermentation of t he natural
contents of fruits, vegetables, h oney, milk or other products
containing sugar, whether or not other ingredients are added, and
includes vermouth and sake, known as Japanese ric e wine;
70. "Winemaker" means and includes any person or establishm ent
who manufactures for human consumption any wine upon which a license
fee and a tax are imposed by any law of this state; and
71. "Satellite tasting room" means a licensed establishmen t
operated off the lic ensed premises of the holder of a small farm
winery or winemaker license, which serves w ine for on-premises or
off-premises consumption.
Words in the plural include the singular, and vice versa, and
words imparting the masculine gende r include the feminine , as well
as persons and licensees as defined in this section.
SECTION 2. AMENDATORY 37A O.S . 2021, Section 2-101, is
amended to read as fol lows:
Section 2-101. A. Except as otherwise provided in this
section, the licenses issue d by the ABLE Commission, and the annual
fees therefor, shall be as follows:
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1. Brewer License................................ .. $1,250.00
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 L icense............. $3,000.00
8. Beer Distributor License .......................... $750.00
9. The following retail spiri ts license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License f or 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 Licens e.............................. $500.00
12. Mixed Beverage License......................... $1,005.00
(initial license)
$905.00
(renewal)
13. Mixed Beverage/Caterer Combination Lice nse..... $1,250.00
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14. On-Premises Beer and Wine License................ $500.00
(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
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22. Employee License................................ .. $30.00
23. Industrial License................................ $23.00
24. Carrier License................................ ... $23.00
25. Private Carrier License........................... $23.00
26. Bonded Warehouse License......................... $190.00
27. Storage License ................................ ... $23.00
28. Nonresident Seller Licens e ...................... $750.00
29. Manufacturer Licens e:
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.............. $750.00
35. Annual Public Event License .................... $1,005.00
36. One-Time Public Event License .................... $255.00
37. Small Brewer Self-Distribution License........... $750.00
38. Brewpub License................................ $1,005.00
39. Brewpub Self-Distribution License................ $750.00
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40. Complimentary Beverage License.................... $75.00
41. Satellite Tasting Room License ................... $100.00
42. The following Grocery Retail Spirits License
fees shall be determined by the latest
Federal Decennial Census:
a. Grocery Retail Spirits License for cities and towns
from 200 to 2,500 population................$305.00
b. Grocery Retail Spirits License for cities and towns
from 2,501 to 5,000 population..............$605.00
c. Grocery Retail Spirits License for cities and towns
over 5,000 population....................... $905.00
B. 1. There shall be added to the initial or renewal fees for
a Mixed Beverage License an administrative fee, wh ich shall not be
deemed to be a license fee, in the amount of Five H undred Dollars
($500.00), which shall be paid at the same time and in the sam e
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee sha ll not be assessed against
service organizations or fraternal benefi ciary 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 H undred 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 paragraph 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 benefi ciary societies
which are exempt under Section 501(c)(19), (8) or (1 0) of the
Internal Revenue Code shall be Five Hundred Dollars ($500. 00) per
year; and
2. The renewal fee for an airline/railroad/commercial pass enger
vessel beverage license held by a rai lroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Do llars ($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, ex cept 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 l icense, issued by the ABLE Commission, for
a bottle club located in a county of this state where t he sale of
alcoholic beverages by the individual drink for on -premises
consumption has been authorized, may exchange the bottle club
license for a mixed bever age license or an on-premises beer and wine
license and operate the licensed premises as a mixed b everage
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establishment or an on-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 li cense 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 fol lowing
surcharge shall be assessed annually on the foll owing licenses:
1. Nonresident Seller Lice nse...................... $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 Ok lahoma 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 p opulation................. $200.00
7. Retail Spirits Licens e 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
18. Grocery Retail Spirits License for citi es
and towns over 5,000 po pulation................ $250.00
19. Grocery Retail Spirits License for cities
and towns from 2,501 to 5,000 population....... $200.00
20. Grocery Retail Spirits License for citie s
and towns from 200 to 2,500 population......... $150.00
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 Commission under this title
may be relied upon by other licensee s as a valid license, and no
other licensee shall have any obligatio n to independently det ermine
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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 2-102, is
amended to read as follows:
Section 2-102. A. A brewer license shall authorize the holder
thereof:
1. To manufacture, bottle, package and store beer and cider on
the licensed premises; and
2. To sell beer and cider in this state to holders of beer
distributor licenses and to sell beer and cider out of this state to
qualified persons.
B. A small brewer license shall authorize the holder thereof:
1. To manufacture, bottle, package and store beer produc ed by
the licensee on licensed premises;
2. To sell beer in this state to holders of beer distributor
licenses and retail licenses or to sell beer out of this st ate to
qualified persons;
3. To serve free samples of beer produced by the licensee to
visitors twenty-one (21) years of age or older;
4. To sell beer produced by the licensee for ei ther on-premises
or off-premises consumption to consumers on the brewery premises, or
on premises located contiguous thereto;
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5. To sell beer at public events such a s trade shows or
festivals;
6. To purchase wine in retail containers from the holder of a
wholesaler license or as specifically provided by law; and
7. To sell, offer for sale and possess wine for on-premises
consumption.
C. The holder of multiple small brewer licenses may sell beer
produced at up to three breweries for which the licensee ha s a
license, at any other of such three licensed breweries or on
premises located contiguous thereto.
D. Nothing in the Alcoholic Beverage Control Act shall prohibit
the holder of a small brewer license from also holding or owning an
interest in the holde r of a brewpub license.
E. For purposes of this section, no visitor may sample more
than a total of twelve (12) fluid ounces of beer per day. The
brewer must restrict the distribution and consumption of beer
samples to an area within the licensed premise s designated by the
brewer. A current floor plan that includes the desi gnated sampling
area must be on file with the ABLE Commission. No visitor under
twenty-one (21) years of age shall be permitted to enter this
designated sampling area when samples are being distributed or
consumed. Samples of beer served by a brewery und er this section
shall not be considered a sale of beer within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1-103 of this
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title; however, such samples of beer shall be considered beer
removed or withdrawn from the brewery for use or consumption within
the meaning of Section 5-110 of this title for excise tax
determination and reporting requirements. Sales and sampling may
only occur between the hours of 10:00 a.m. and 2:00 a.m.
F. A small brewer self-distribution license shall au thorize
holders of a small brewer license to distribute beer produced only
by such licensee to a holder of a retail beer license, grocery
retail spirits license, retail spirits license , mixed beverage
license, beer and wine license , caterer's license, special event
license, public event license, charitable auction license or brewpub
license. A small brewer shall elect whether it will distribute
through a distributor or self-distribute in a subject territory;
however, a small brewer may not elect to do both simultaneously in a
subject territory. The election shall be made through notice to the
ABLE Commission. Any changes to the election shall require
immediate notification to the ABLE Commission before the change in
election will take effect. A small bre wer that elects to self-
distribute in multiple territories shall only be required to have
one small brewer self-distribution license.
G. All manufacturer's licenses held by brewers du ring the first
calendar year beginning October 1, 2018, shall automatica lly convert
to brewer licenses and be deemed effective as of the date of the
first issuance of the manufacturer's license. Upon the first
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renewal of the license, the brewer will need to obtain the
appropriate brewer's license. If a brewer elects to marke t wine and
spirits, the brewer will also be required to obtain a manufacturer 's
license and comply with the rules and regulations for both licenses.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 2-102.1, is
amended to read as follo ws:
Section 2-102.1 A. A charitable collaboration br ewer license
shall authorize the collabo rating licensed brewers and holders
thereof:
1. To formulate, manuf acture, bottle, package and store the
charitable collaboration beer, or any part thereof, on the licensed
premises;
2. To sell the charitable colla boration beer in this state to
holders of beer distributor licenses;
3. To sell the charitable collaboratio n beer out of this state
to qualified persons for the sole purpose of fundraising for the
stated charitable purposes;
4. To sell the charitable col laboration beer in this state to
holders of retail licenses;
5. To serve free samples of the charitable col laboration beer
produced by the collaborating licensed brewers to visitors twenty -
one (21) years of age or older on the collaborating brewery licens ed
premises;
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6. To sell the charitable collaboration beer produced by the
collaborating licensee brewers fo r either on-premises or off-
premises consumption to consumers on the brewery premises, or on
premises located contiguou s thereto;
7. To sell the charitable collaboration beer produced by the
collaborating licensed brewers at public events such as trade sh ows
or festivals; and
8. To purchase the charitable collaboration beer produced by
the collaborating licensed brewers in retail containers from the
holder of a beer distributor license to sell or serve in accordance
with this section.
B. Nothing in this section shall prohibit the holder of a
charitable collaboration brewer license from also hold ing or owning
an interest in the holder of a brewpub li cense.
C. For purposes of this section, no visitor may sample more
than a total of twelve (12) fluid ounces of the charitable
collaboration beer per day. The brewer must restrict the
distribution and consumption of charitable collaboration beer
samples to an area within the licensed premises d esignated by the
brewer. A current floor plan that includes the des ignated sampling
area must be on file with the ABLE Commission. No visitor under
twenty-one (21) years of age shall be permitted to enter this
designated sampling area when samples are be ing distributed or
consumed. Samples of the charitable collaboratio n beer served by a
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collaborating brewery under this section shall not be considered a
sale of beer within the meaning o f Article XXVIII-A of the Oklahoma
Constitution or Section 1 -103 of Title 37A of the Oklahoma Statutes
this title; however, such samples of the charitable colla boration
beer shall be considered beer removed or withdrawn from the brewery
for use or consumption within the meaning of Section 5-110 of Title
37A of the Oklahoma Statutes this title for excise tax determination
and reporting requirements. Sales and sam pling may only occur
between the hours of 10:00 a.m. and 2:00 a.m.
D. If a small brewer is a licensed charitable coll aborating
brewer and such small brewer holds a self-distribution license, it
shall authorize the holder thereof to distribute the charitab le
collaboration beer produced to a holder of a retail beer license,
grocery retail spirits license, retail spirits license, mixed
beverage license, beer and wine license, caterer's license, special
event license, public event license, charitable auction l icense or
brewpub license. If a small brewer has elected to distribute
through a distributo r or self-distribute in a subject territory, for
purposes of the charitable collaboration brewer license such small
brewer and the other collaborating brewer may el ect to do both
simultaneously in a subject territory upon notice to the ABLE
Commission.
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E. The ABLE Commission shall promulgate rules, forms and fees
to implement and enforce the charitable coll aboration brewer
license.
F. When more than one Oklahoma -licensed brewer makes
application to the ABLE Commission to develop a charitable
collaboration beer offering and seeks t o obtain a charitable
collaboration brewer license, the ABLE Commission shall evaluate the
application based upon any of the following:
1. Whether the collaboration has a legitimate charitable
purpose in this state, another state or a national charitable
effort;
2. Whether the formu la needs approval by any federal regulatory
authority;
3. Whether the Oklahoma Tax Commission has been notif ied of the
request for a tax exemption to allow the collaborators to transfer -
in-bond products between the licensed pr emises of the collaborating
brewers and whether the Tax Commission approves su ch transfer-in-
bond;
4. The license standing of each licens ed collaborating brewer
in this state, including, but not limited to, any required storage
licenses.
Upon consideration of the application facts an d detailed plans
submitted by the collaborating b rewers, the ABLE Commission shall
make its determination whe ther or not to issue the charitable
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collaboration brewer license. Upon approval of a charit able
collaboration brewer license, such license shall b e issued to both
licensed brewers for the develop ment and manufacture of a charitable
collaboration beer offe ring. Each licensed brewer shall be required
to post the charitable collaboration brewer li cense at their
licensed premises and such license numbe r shall be clearly affixed
to any alcohol product s stored or transferred-in-bond between the
collaborating breweries. The charitable collaboration beer offering
shall require a private label approved by the ABLE Commission
according to the label requireme nts promulgated by the ABLE
Commission rules.
SECTION 5. AMENDATORY 37A O.S. 2021, Section 2-105, is
amended to read as follows:
Section 2-105. A. A winemaker self -distribution license shall
authorize a licensed winemaker within or w ithout this state which is
permitted by Article XXVIIIA of the Oklahoma Constitution and this
section:
1. To distribute its wine directly to grocery retail spirits,
retail spirits, retail wine and retail beer licensees, mi xed
beverage licensees, beer and wine licensees, and restaurants in this
state; and
2. If such a winemaker elects to do so, to sell and deliver its
wines directly to licensed retail package stores, mixed beverage
licensees, beer and wine licensees, and re staurants in this state in
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full case lots only, and in accordance with the pr ovisions of the
Oklahoma Alcoholic Beverage Control Act and such rules as the ABLE
Commission shall promulgate.
B. A winemaker either within or without this state that
annually produces no more than fifteen thou sand (15,000) gallons of
wine may elect to sell and self-distribute the wine produced by such
winemaker directly to licensed retail package stores, mixed beverage
licensees, beer and wine licensees , and restaurants in this state;
provided:
1. Any such winemaker which elects to directly sell its win e to
package stores, mixed beverage licensees, beer and wine licensees,
and restaurants shall not also use a licensed wholesale distributor
as a means of distribution, and shall b e required to sell its wines
to every package store, mixed beverage licensee, beer and wine
licensee, and restaurant licensee who desires to purchase the same,
on the same price basis and without discrimination;
2. If a winemaker or winery sells directly to a retail package
store, mixed beverage licensee, beer and wine licensee or
restaurant, the winemaker shall transport the wine from the
winemaker's winery to the premises where the wine is to be delivered
only in vehicles owned or leased by the winemaker and not by common
or private contract carrier and shall obtain all necessary permits
as required by the Oklahoma Alcoholic Beverage Cont rol Act; and
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3. If the production volume limit applicable to winemakers is
ruled to be unconstitutional by a court of competent jurisdiction,
then no winemaker shall be permitted to directly sell its wine to
retail package stores, non-package-store retailers, mixed beverage
licensees, beer and wine licensees or restaurants in this state.
SECTION 6. AMENDATORY 37A O.S. 2021, S ection 2-109, is
amended to read as follows:
Section 2-109. A. A grocery retail spirits license shall
authorize the holder thereof:
1. To purchase wine or spirits from a win e and spirits
wholesaler;
2. To purchase beer from a beer distributor or from the holder
of a small brewer self-distribution license;
3. To sell same on the license premise in such cont ainers to
consumer for off-premises consumption only and not for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic beverage
auction or charitable alcoholic beverage event licenses; and
4. To host alcoholic beverage tastings c onsistent with
subsections E and F of this section.
B. A retail spirits licen se shall authorize the holder thereof:
1. To purchase wine or spirits from a wine and spirits
wholesaler;
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2. To purchase beer from a beer distributor or from the holder
of a small brewer self-distribution license;
3. To sell same on the licensed premis es in such containers to
consumers for off-premises consumption only and not for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic be verage
auction or charitable alcoholic beverage eve nt licenses; and
4. To host alcoholic bevera ge tastings consistent with
subsections D E and E F of this section.
B. C. A retail wine license shall authorize the holder thereof:
1. To purchase wine from a wine and spirits wholes aler;
2. To purchase wine from a small farm winemaker who is
permitted and has elected to self -distribute as provided in Article
XXVIII-A of the Oklahoma Constitution;
3. To sell same on the licensed pr emises in such containers t o
consumers for off-premises consumption only and n ot for resale;
provided, wine may be sold to charitable organizations that ar e
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses; and
4. To host an alcoholic beverage tasting, consis tent with
subsections D E and E F of this section.
Provided, no holder of a retail wine license may sel l wine with
alcohol beverage volume in excess of fifteen percent (15%).
C. D. A retail beer license shall authorize the holder thereof:
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1. To purchase beer from a beer distribut or;
2. To purchase beer from the holder of a small brewer self-
distribution license;
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, beer may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or cha ritable
alcoholic beverage event licenses; and
4. To host alcoholic beverage tastings consistent with
subsections D E and E F of this section.
Provided, no holder of a retail bee r license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
D. E. All tastings conducted under this section shall:
1. Be conducted under the direct supervision of the licensee
authorized to host the tasting;
2. Be poured by any ABLE Commission licensee lawfully permitted
to serve alcoholic beverages, provided no wine or spirits
wholesaler, beer distributor or employee of a wine or spirits
wholesaler or beer distrib utor shall be allowed to pour samples for
tastings;
3. Use alcoholic beverages purchased by the licensee authorized
to host the tastings from a licensed wine and spirits wholesaler,
beer distributor, self-distributor, small brewer or self-
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distributing winery authorized to sell th e same, and the licensee
shall pay the applicable taxes on the alcoholic beverages purchased;
provided, the licensee may only provide samples of alcoholic
beverages that its license is authorized to sell;
4. Be restricted to perso ns twenty-one (21) years of age or
older;
5. Be limited to no more than one (1) fluid ounce of spirits,
two (2) fluid ounces of wine or three (3) fluid ounces of beer per
consumer per day; and
6. Be consumed on the licensed premises of the licensee
authorized to host the tasting s or at a location othe r than the
licensed premises, provided no sample s served on the licensed
premises shall be permitted to be removed from the licensed
premises.
E. F. All licensees authorized to serve samples pursuant to
subsection D E of this section shall ensure that:
1. All samples are poured only from original sealed packaging;
2. Any alcoholic beverages remaining in unsealed packaging used
to provide samples, excluding spirits, are poured out by the end of
the day;
3. No more than six (6) bott les of alcoholic beverag es are
unsealed at any given time; and
4. No person shall remove any samples f rom the licensed
premises or location where the tasting has occurred.
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SECTION 7. AMENDATORY 37A O.S. 2 021, Section 2-121, as
amended by Section 1, Chapte r 81, O.S.L. 2022 (37A O.S. Supp. 2022,
Section 2-121), is amended to read as follows:
Section 2-121. A. An employee license shall aut horize the
holder thereof to work in a licensed package store, grocery retail
spirits, retail spirits, retail wine or retail beer establishment,
brewpub, mixed beverage establishment, beer and wine establishment,
bottle club, public event or any establishment where alcohol or
alcoholic beverages are sold, mixed or served. Persons employed by
a mixed beverage, on-premises beer and wine, retail wine, retail
beer, public event or a bottle club license e who do not participate
in the service, mixing or sale of mixed beverages shall not be
required to have an employee license. Provided, however, that a
manager employed by a mixed beverage licensee, public event licensee
or a bottle club shall be required to have an employee license
whether or not the manager participates in the service, mixing or
sale of mixed beverages. Applicants for an employee licens e shall
be at least eighteen (18) years of age, except for applicants
employed by a grocery store or convenience store who shall be at
least sixteen (16) years of age, and have a health card issued by
the county in which they are employed, if the county issues such a
card; provided, the provisions of this section shal l not be
construed to permit any person under twenty-one (21) eighteen (18)
years of age to be employed to sell spirits. Employees of a special
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event, caterer, unless catering a mixed beverage -licensed premises,
or airline/railroad beverage licensee s shall not be required to
obtain an employee license; further, employees of beer distributors
and other licensees holding licenses issued by the ABLE Commission
shall not be required to obtain an em ployee license if such employee
only sells alcohol or alc oholic beverages to establishments holding
licenses issued by the ABLE Commission and not to the public.
Persons employed by a hotel licensee who participate in the stocking
of hotel room mini-bars or in the handling of alcoholic beverages to
be placed in such devices shall be required to have an em ployee
license. As a prerequisite to the issuance of an employee license,
not later than fourteen (14) days after initial licensure, the
first-time applicant shall be required to have successfully
completed a training program conducted by the ABLE Commiss ion, or by
another entity approved by the ABLE Commission including an in-house
training program conducted by the employer. Proof of training
completion shall be made available for inspection by the ABLE
Commission at the business location employing the l icensee. The
failure of an employee licensee to comply with this section may
constitute a revocable offense.
B. In the event the ABLE Commission denies an application for
an employee license, the Commission s hall provide written notice to
the applicant's employer, if any. The notice shall be given at the
time notice is provided to the applicant.
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SECTION 8. AMENDATORY 37A O.S. 20 21, Section 2-124, is
amended to read as follows:
Section 2-124. A. A private carrier licen se may be issued to
any carrier other than a common carrier describe d in Section 35 2-
123 of this act title. Such license shall authorize the holder
thereof to transport alcoh olic beverages other than wine sold
directly by a winemak er or winery to a retail package store or
restaurant into, within, or out of this state und er such terms,
conditions, limitations and restrictions as the ABLE Commission may
prescribe by order issuin g such license and by rule . No carrier
license or private carrier license shall be requi red of licensed
brewers, distillers, winemakers, rectifiers , wholesalers or beer
distributors, to transport alcohol ic beverages from the place of
purchase or acquisiti on to the licensed premise s of such licensees
and from such licensed premises to the lice nsed premises of the
purchaser in vehicles owned or leased by such licensee when such
transportation is for a lawfu l purpose and not for hire.
B. No carrier license o r private carrier license shall be
required of the holder of a grocery retail spirits, retail spirits,
retail wine, retail beer, mixed beverage, cat erer, special event,
hotel beverage, public event or air line/railroad license to pick u p
alcoholic beverage orders from the licensee 's wholesaler, beer
distributor or holder of a small brewer self -distribution license or
brewpub self-distribution license f rom whom they are purchased and
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to transport such alcoho lic beverages from the place of purchase or
acquisition to the licensed premis e of such licensees in vehicles
owned or under the control of s uch licensee or a licensed employee
of such licensee under such terms, conditions, limitations and
restrictions as the ABLE Commission may prescri be.
SECTION 9. AMENDATORY 37A O.S. 2021, Section 2 -141, is
amended to read as follow s:
Section 2-141. Applicants for original brewer, distill er,
winemaker, rectifier, wine and spirits wholesaler, beer distributor,
mixed beverage, beer and wine, bottle club, caterer, grocery retail
spirits, retail spirits, retail wine or retail beer licenses shall,
prior to applying for such license, twice publi sh, in such form and
containing such information as the AB LE Commission shall by rule
prescribe, a notice of i ts intention to apply for any such license,
once a week for two (2) successive weeks in a legal newspaper of
general circulation within the county where the proposed premises is
to be located, and file pr oof of such publication with the ABLE
Commission. Unless otherwise provided, the ABLE Commission shall
give notice of approval or disapproval of an application for a
license within thirty (30) days after the filing of the application.
The ABLE Commission shall give notice of approval or disapproval of
an application for a mixed be verage, beer and wine, bottle club or
caterer license within sixty (60) days after the filing of the
application. Provided, the ABLE Commission may extend the period
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for making a determination of whether to approve or disapprove an
application an addition al thirty (30) days for good cause. The ABLE
Commission may conditionally approve any application which is
subject to Section 54 2-142 of this act title if:
1. Construction, modification o r alteration of premises
proposed for licensed opera tions is not completed; an d
2. The applicant furnishes a conditional cer tification issued
by the municipality or county that the appli cant's plans and
specifications indicate that the proposed premises w ill comply with
the municipality's or county's zoning, fire, safety and health
codes.
The ABLE Commission shall issue its fin al notice of approval
when the applicant furnishes final certi ficates required by Section
54 2-142 of this act title.
SECTION 10. AMENDATORY 37A O.S. 2021, Section 2 -143, is
amended to read as fol lows:
Section 2-143. A. Any corporation applying for a mixed
beverage, beer and wine, caterer, public event, beer distributor or
bottle club, or as an equity p artner in a wine and spirits
wholesaler, shall sub mit to the ABLE Comm ission the following:
1. A certificate of good standing from t he office of the
Secretary of State;
2. A list of all corp orate officers, directors, executive
committee members or member s of a similar governing body and their
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addresses, except for a charitable organization exempt from taxation
under Section 501(c)(3), (4),(5),(6),(7),(8),(9),(10), or (19) of the
United States Internal Revenue Code, which shall only be required to
furnish its corporate officers; and
3. A list of all stock holders owning fifte en percent (15%) or
more of the stock and their addresses.
B. Any corporation applying for a grocery retail spirits,
retail wine or retail beer license shall submit to the ABLE
Commission the following:
1. A certificate of good standing from the office o f the
Secretary of State;
2. A list of all corporate officers and directors, except for a
charitable organization exempt from taxation under Section
501(c)(3),(4),(5),(6),(7),(8),(9), (10), or (19) of the United States
Internal Revenue Code, which shall on ly be required to furnish its
corporate officers; and
3. A list of all stockholders owning fifty-one percent (51%) or
more of the stock.
C. A corporate licensee shall notify the ABLE Commission in
writing of any change in the officers or directors of the
corporation or in the pri ncipal managers of premises licensed to the
corporation and shall pay a fee of One Hundred Dolla rs ($100.00) for
each notification of change. Provided, servi ce organizations whi ch
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are exempt under Section 501(c)(8), (10), or (14) of the Internal
Revenue Code shall be exempt from such fee.
D. A corporate licensee shall notify the ABLE Commission any
time a person, any type of partnership, limited liability com pany or
other entity acquires the percentages specified in paragraph 3 o f
subsection A or B of thi s section, or more, of the stock of t he
corporation. Such notification shall be within thirty ( 30) days of
acquisition, and the corporation shall pay a fee o f One Hundred
Dollars ($100.00) for each notification of change.
E. The ABLE Commission may disap prove a change of officers,
directors or principal managers or the acquisition of more than the
percentages specified in paragraph 3 of subsection A or B of t his
section of the stock in a licensed corporation if the ABLE
Commission feels that such change w ould materially affect the
conditions under which the license was issued, such that the license
would not have been issued had such change been in existence a t the
time of the original application. If such disapproval occurs, the
ABLE Commission shall not ify the licensee in writing and in th e case
of a publicly traded corporation, allow a reasonable time for the
licensee to remove such officer, director or man ager or for the
stockholder to divest himself or herself of any stock he ld in excess
of the percentages specified in paragraph 3 of sub section A or B of
this section; provided, a reasonable time may not exceed a ninety-
day period following notification of denial by the ABLE C ommission.
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Failure to comply with the provisions of this subsection may resul t
in revocation or suspension of such license.
F. Any person who was an officer or director or who has owned
the percentages specified in paragraph 3 of subs ection A or B of
this section or more of the stock in a corporation whic h has been
denied a license or had a license revoked or suspend ed pursuant to
the provisions of the Oklahoma Alcoholic Bev erage Control Act shall
not own stock in any other corporation seeking a license pursuant to
the provisions of the Oklahoma Alcoholic Beverage Control Act for a
period of twelve (12) months from th e date the license was revoked
or suspended.
G. Any person who was a manager or a member of a limited
liability company which has been denie d a license or had a license
revoked or suspended pu rsuant to the provisions of the Oklahoma
Alcoholic Beverage Con trol Act shall not own stock in any
corporation seeking a l icense pursuant to the provisions of the
Oklahoma Alcoholic Be verage Control Act f or a period of twelve (12)
months from the date the license was revoked or sus pended.
SECTION 11. AMENDATORY 37A O.S. 2021, Section 2-146, as
amended by Section 2, Chapter 192, O.S.L. 2022 (37A O.S. S upp. 2022,
Section 2-146), is amended to read as follows:
Section 2-146. A. The ABLE Commission shall refuse to issue a
wine and spirits wholesaler, beer distributor, grocery retail
spirits, retail spirits, retail wine or retail beer license, either
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on an original application or a renewal application, if it has
reasonable grounds to bel ieve and finds any of the following to be
true:
1. Except in the case of a beer distributor, that the applicant
is not a citizen of the United States or is not a qualified elector
in this state, or has not been a continuous resident of this state
for the five (5) years next preceding the application for the
license;
2. That the applicant is under twenty-one (21) years of age;
3. That the applicant or any partner, or spouse of the
applicant or any partner, has been convicted of a felony;
4. That the applicant or any partner, or spouse of the
applicant or any partner, has been convicted of a violation of any
state or federal law relating to alcoholic beverages, has forfeited
a bond while any cha rge of such violation was pending, nor may any
license be granted for any purpose under the Oklahoma Alcoholic
Beverage Control Act to an Oklahoma resident, who has held or whose
spouse has held a Federal Liquor Stamp in Oklahoma before the
adoption of Article XXVIII-A of the Oklahoma Constitution unless the
Liquor Stamp was granted for supplying alcoholic beverages to a
federal military installation, or was granted under the Oklahoma
Alcoholic Beverage Control Act;
5. That the applicant or any partner has , within twelve (12)
months next preceding the date of the app lication, violated any
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provision of the Oklahoma Alcoholic Beverage Control Act or rule of
the ABLE Commission promulgate d pursuant hereto. Provided, however,
that if the ABLE Commission has, d uring such twelve-month period,
suspended any license sought t o be renewed, such renewal application
may be approved if the term of the suspension has been completed and
the applicant has complied with any special conditions imposed in
connection with the suspension;
6. That the applicant is in the habit of using a lcoholic
beverages to excess or is mentally incapacitated;
7. That the applicant does not own or have a written lease for
the premises for which a license is sought;
8. That the applicant, within t welve (12) months next preceding
the date of application, has been the holder of a l icense revoked
for cause;
9. That the applicant is not the real party in interest, or
intends to carry on the business authorized by the license as the
agent of another;
10. That the applicant, in the case of an application for
renewal of any license, wo uld not be eligible for such license on a
first application;
11. That the applicant is a perso n who appoints or is a law
enforcement official or is an employee of the ABLE Commission;
12. That the proposed location of the licens ed premises would
violate a valid municipal nondiscriminatory zoning ordinance;
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13. That, in the case of an application for a wine and spirits
wholesaler license or beer distributor license, any br ewer or
manufacturer, including an officer, director or pr incipal
stockholder thereof or any partner, has any financial interest in
the business to be conducted under the license, unless otherwise
permitted by law;
14. That the issuance of the license app lied for would result
in a violation of any provision of t he Oklahoma Alcoholic Beve rage
Control Act;
15. That, in the case of an application for a wine and spirits
wholesaler or beer distributor license, the applicant or any
partner, or spouse of the app licant or any partner, is the holder or
partner of the holder of any other class of license issued under the
provisions of the Oklahoma Alcoholic Beverage Control Act, other
than an agent or employee license for employment by the applicant,
or a storage license, bonded warehouse license, carrier license or
private carrier license; provide d, nothing shall prohibit a wine and
spirits wholesaler, who is otherwise qualified, from maint aining
beer distributor licenses in the state, nor a beer distributor, who
is otherwise qualified, from maintaining a wine and spirits
wholesaler license in the state;
16. That, in the case of an application for a grocery retail
spirits, retail spirits, retail wine or retail beer license, the
applicant or any partner is the holder or partner of the holder, or
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employee of such holder of any other class of license issued under
the provisions of the Oklahoma Alcoholic Beverage Control Act, other
than a storage license or an employee license for the proposed
licensed premises of the applicant, provided, nothing in this title
shall prohibit an applicant for a grocery retail spirits, retail
wine and/or retail beer license from maintaining a separate mixed
beverage, caterer, mixed beverage/caterer combination lic ense,
and/or an on-premises beer and wine license; or
17. That the applicant or any partner, spouse, employee or
other person affiliated with the applicant is not in compliance with
the tax laws of this s tate as required in Article XXVIII-A of the
Oklahoma Constitution.
B. The provisions of this section shall not ope rate to prohibit
the issuance of a beer distrib utor license to a corporation or
partnership or limited liability company.
SECTION 12. AMENDATORY 37A O.S. 2021, Section 2 -148, is
amended to read as fol lows:
Section 2-148. A. Any license issued pursuant to the
provisions of the Oklahoma Alcoholic Beverage Control Act by the
ABLE Commission, after due notice and hearing, may be revoked or
suspended if the ABLE Commission finds or has grounds to believe
that the licensee has:
1. Violated any rule promulgated by the ABLE Commission ;
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2. Procured a license through fr aud, or misrepresentation, or
concealment of a material fac t;
3. Made any false representation or statement to the ABLE
Commission or the Okla homa Tax Commission in order to prevent or
induce action by the ABLE Commissio n or the Tax Commission;
4. Maintained an unsanitary establishment or has supplied
impure or otherwise deleterious beverages or food;
5. Stored, possessed, mixed or served on t he premises of a
bottle club any alcoholic b everage upon which the tax levied by
Section 5-101 of this title has not been paid as provided for in the
Oklahoma Alcoholic Bev erage Control Act, in a county of this state
where the sale of alcoholic beverages b y the individual drink for
on-premises consumption has not been authorized;
6. Misrepresented to a customer or t he public any alcoholic
beverage sold by the licensee;
7. Had any permit or license issued by the Tax Commission and
required by the Oklahoma Alcoholic Beverage Control Act, suspended
or revoked by the Tax Commission; or
8. Is not in compliance with the tax laws of this state as
required in Article XXVIII-A of the Oklahoma Constitution.
B. The ABLE Commission may revoke or suspend the license of any
mixed beverage, caterer or bottle clu b licensee if the ABLE
Commission finds or has grounds to believe tha t such licensee:
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1. Has acted as an agent of a manufacture r, brewer or
wholesaler of alcoholic beverages;
2. Is a manufacturer, brewer or who lesaler of alcoholic
beverages;
3. Has borrowed money or property or accepted gratuities or
rebates from a manuf acturer, brewer or wholesaler of alcoholic
beverages;
4. Has obtained the use of equipment from any manufacturer,
brewer or wholesaler of alco holic beverages or any agent thereof;
5. Has violated any of the provisions o f the Oklahoma Alcoholic
Beverage Control Act for which mandatory revocation or suspension is
not required;
6. Has been convicted within the past twenty-five (25) years,
of a violation of any state or federal law relating to alcoholic
beverage for which m andatory revocation or suspension i s not
required; or
7. Is not in compliance with the tax la ws of this state as
required in Article XXVIII-A of the Oklahoma Constitution.
C. The ABLE Commission may revoke or suspend the license of any
retail, mixed beverage, caterer or bottle club licens ee if the ABLE
Commission finds or has grounds to believe t hat such licensee has
borrowed money or property or accepted gratuities, discounts,
rebates, free goods, allowances or other ind ucements from a wine and
spirits wholesaler or beer distributor.
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D. The ABLE Commission shall have the authority to revoke the
license of any licensee if the ABLE Commission finds:
1. That the licensee knowingl y sold alcoholic beverages or
allowed such beverages to be sold, delivered or furnished to any
person under the age of twenty-one (21) years or to any person
visibly intoxicated or adjudged insane or mentally deficient;
2. That the licensee, any general o r limited partner of the
licensee, or in the case of a corporation, an officer or director of
the corporation, has been convicted of a felony or is not in
compliance with the tax laws of this state as required in Article
XXVIII-A of the Oklahoma Constituti on. Provided, an employee
license may be issued and held by a person who has been convicted of
a felony if such conviction was not for a violent offense specified
in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes
or an offense under the p rovisions of this title;
3. That, in the case of a wine and spirits wholesale r, beer
distributor, grocery retail spirits, retail spirits, retail wine or
retail beer licensee, the holder of the license or any member of a
general or limited partners hip which is the holder of such a
license, has been convicted of a prohibitory law rel ating to the
sale, manufacture or t ransportation of alcoholic beverages which
constitutes a felony.
E. If the ABLE Commission shall find by a preponderance of the
evidence as in civil cases that a licensee has knowingly s old any
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alcoholic beverage to any person under the age of twenty -one (21)
years, after a public hearing, the ABLE Commission sha ll revoke such
license and no discretion as to the revocation shall be exerc ised by
the ABLE Commission.
F. The ABLE Commission shall have the authority to promu lgate
rules to establish a penalty schedule for violations of any
provision of the Oklahoma Al coholic Beverage Control Act or any rule
of the ABLE Commission. The schedu le shall provide for suspension
or revocation of any license for major and minor viola tions as
determined by the ABLE Com mission. Penalties shall be increasingly
severe with each violation by a licensee.
Provided, that for a fourth major violation by a li censee within
a twenty-four-month period, the penalt y shall be mandatory
revocation of license. The twenty-four-month period shall be
calculated from the date of the most recent v iolation as set forth
in an order signed by the Director or the designee of the Director.
G. The ABLE Commission or the Tax Com mission may impose a
monetary penalty in lieu of or in addition to su spension of a
license. The amount of the fine for a major violation shall be
computed by multiplying the proposed number of days of th e
suspension period by One Hundred Dollars ($100.00) . The amount of
the fine for a minor violation shall be computed by multiplying the
number of days of the proposed suspension p eriod by Fifty Dollars
($50.00).
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H. The failure of any licensee to pay a fi ne or serve a
suspension imposed by the ABLE Commiss ion or the Tax Commission
shall result in the revocation of the licen se of the licensee.
I. If the ABLE Commission or the Tax C ommission finds that
public health, safety or welfare require emergency acti on, and
incorporates a finding to that effect in its order, summary
suspension of a license may be ordered pending procee ding for
revocation or other action, pursuant to the provis ions of Section
314 of Title 75 of the Oklahoma Statutes.
SECTION 13. AMENDATORY 37A O.S. 2021, Se ction 2-161, is
amended to read as foll ows:
Section 2-161. A. Retail spirit Grocery retail spirits and
retail spirits licensees may sell curbside and deliver alcoholic
beverages including beer, wine, and spirits in sealed original
containers to consumers aged twenty -one (21) years and older as
follows:
1. Grocery retail spiri ts licensees are permitted to make
alcoholic beverage product deliveries to consumers using an
employee, third-party delivery service, or i ndependent contractor
delivering on behalf of the license e;
2. Only employees of the retail spirit spirits licensee shall
be permitted to make alcoholic beverage product del iveries to
consumers;
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2. 3. Payment for alcoholic beverage product delivery by the
grocery retail spirits licensee or retail spirit spirits licensee
may be made by cash, check, transportable credit/debit card
processors or advance on-line payment methods; and
3. 4. The grocery retail spirits licensee and retail spirit
spirits licensee shall be responsibl e for his or her delivery
employees as provided in Sectio n 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 lic ensed small brewer or small farm
winery shall be permitted to make alcoholic beverage product
deliveries to consumers;
2. Payment for alcoholic beverage product delivery by licensed
small brewers or small farm winerie s may be made by cash, check,
transportable credit/debit card processors, or advance on-line
payment methods; and
3. Small brewers and small farm wineries shall be responsi ble
for their delivery employees as provided in Secti on 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
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Commission may sell c urbside and deliver only closed packages o f
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 pack age delivery by licensed
restaurants, bars and clubs may be made by cash, check,
transportable credit/debit card processors, or advance on-line
payment methods; and
3. Restaurants, bars and clubs licensed by the O klahoma ABLE
Commission shall be responsib le 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 grocery retail
spirits, retail beer and/or retail wine license issued by the
Oklahoma ABLE Commissio n may sell curbside and de liver original
sealed containers of spirits, beer and/or wine only according to the
license held to consumers a ged twenty-one (21) years and older as
follows:
1. Only employees of such licensed grocery o r convenience store
shall be permitted to make alcoholic beverage product deliveries to
consumers Grocery and convenience store licensees are permitted to
make alcoholic beverage deliveries to consumers using an emplo yee,
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third-party delivery service, or i ndependent contractor deli vering
on behalf of the licensee;
2. Payment for alcoholic beverage product delivery by a
licensed grocery or convenience store may be m ade by cash, check,
transportable credit/debit card processors or advance on -line
payment methods; and
3. Grocery and convenience store license es shall be responsible
for their delivery employees as provided in Section 2-133 of Title
37A of the Oklahoma S tatutes this title.
E. Licensees authorized by this section to make alcoholic
beverage product del iveries 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 ex ecutive orders incumbent on su ch licensee.
G. The Oklahoma ABLE Commission is authorized to promulgate
rules, regulations, forms and procedures necessary to implement and
enforce the provisions of this section.
H. For purposes of this section each delive ry authorized by a
licensee to be made by his or her employee, third-party delivery
service, or independent contract or shall be deemed a direct han d-to-
hand sale as though the consumer was physically pres ent on the
licensed premises and authorized by law b y such licensee.
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SECTION 14. AMENDATORY 37A O.S. 2021, Section 3-114, is
amended to read as follows:
Section 3-114. A. This section applies to all retailers
authorized to sell beer f or consumption off the premises.
B. The holder of a retail beer, grocery retail spirits or
retail spirits license may resell beer only in the packaging in
which the holder received the beer or may resell the contents of the
packages as individual containe rs.
C. Except for purposes of resale as indivi dual containers, the
licensee shall not:
1. Mutilate, tear apart or cut apart original packaging in
which beer was received; or
2. Repackage beer in a manner misleading to the consumer or
that results in required labeling being omitted or obscured.
D. The ABLE Commission shall impose the following penalties for
a violation of subsection B or C of this section:
1. After notice and hearing, immediately revoke the license of
the licensee committing the violati on; and
2. Impose a fine of not more than One Thousand Dollars
($1,000.00) for each violation.
Any licensee whose license is revoked pursuant to this
subsection shall not be eligible to reapply for a license for at
least three (3) months from the date of the revocation. Any stock
of beer in undamaged original packaging in the posse ssion of such
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licensee shall be repurchased by the distributor as long as the
repurchased inventory falls within the date considered by the brewer
of the product to be appropria te for sale to a consumer.
E. Administrative f ines collected pursuant to this section
shall be enforceable in the district courts of this state. All
administrative fines collected by the ABLE Commission pursuant to
this section shall be forwarded to the State Treasurer for deposit
in the General Revenue Fund.
SECTION 15. AMENDATORY 37A O.S. 2021, Section 3-123, is
amended to read as follows:
Section 3-123. A. It shall be unla wful for any person
privileged to sell alcoholic bevera ges to wholesalers, beer
distributors or retailers:
1. To discriminate, direct ly or indirectly, in price between
one wine and spirits wholesaler and another wine and sp irits
wholesaler, when that manu facturer has not designated a single wine
and spirits wholesaler, or between one retailer and another retailer
purchasing alcoholic be verages bearing the same brand or trade name
and of like age and quality, unless otherwise provided by law; or
2. To grant, directly or indirectly, any discount, rebate, free
goods, allowance or other inducement.
B. The ABLE Commission is hereby authoriz ed to promulgate rules
which are necessary to carry out the purpose of this section and to
prevent its circumvention by of fering or giving of any rebate,
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allowance, free goods, discount or any other thing or service of
value; provided, the posting or invoi cing of charges per order for
processing minimum orders or per case for the handling or re packing
of goods by wine and spi rits wholesalers and beer distributors for
sales in less than full case lots shall not constitute a violation
of this section.
C. For the violation of any provision of this section or of any
rule duly promulgated under this section, the ABLE Commission ma y
suspend or revoke a license as follows:
1. For a first offense, not exceeding ten (10) days' suspension
of license;
2. For a second offense, not exceeding thirty (30) days'
suspension of license; and
3. For a third offe nse, the ABLE Commission shall r evoke the
license.
D. For purposes of this section, and except as otherwise
provided in subsection E of this section, "inducement" means
directly or indirectly offering, selling, trading, giving or
furnishing any discount, free goods, electronic or nonele ctronic
refrigerated equipment, barrels, tubs, fixtures , dispensing
equipment, outdoor electric or nonelectric advertising structure
displaying the retailer's name, permanent shelving, supplies, gifts,
prizes, instantly rede emable coupons, premiums, retail er rebates,
services of any employee including but not limited to affixing price
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labels or tags, routinely stocking product on shelves other than the
stocking of cold boxes, paying a third party for entering product
and price information into a retailer 's computer system, portal,
website, spreadsheet or third -party system, handling product that
was not sold to the retailer by the license e, paying a slotting fee,
selling on consignment, operating a retailer's cash register,
conducting janitorial services, de coration, samples of alcoholic
beverages, personal prop erty or other inducement or thing of value
to any grocery retail spirits, retail spirit spirits, retail beer,
retail wine, beer and wine, mixed beverage, caterer, bottle club or
special event licensee, wine a nd spirits wholesaler or beer
distributor, their agents or employees.
E. It shall not be deemed an inducement for a brewer, beer
distributor, small brewer self-distributor or brewpub self-
distributor to voluntarily t ake the following merchandising actions
with the permission of the retail licensee:
1. Furnish point-of-sale advertising materials and consumer
advertising specialties, as those terms are defined in 27 C.F.R.,
Section 6.84 and in compliance with the other limits and
restrictions provided in 27 C.F.R., Section 6.84;
2. Give or sell product display s, including but not limited to
barrels and tubs, provided that the value of such displays does not
exceed the limits and restrictions provided in 27 C.F.R., Sect ion
6.83;
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3. Build product displays, a ccessible to the customer and
without disturbing compet itors' products, for the product being
delivered by the beer distributor;
4. Affix pricing to the shelf strip or product display for the
product being delivered by the beer distributor, small brewer s elf-
distributor or brewpub self -distributor, or brewed by the brewer;
5. Routinely stock and restock shelves and cold boxes and
rotate product that has been sold to the retail licensee by the beer
distributor, small brewer self-distributor or brewpub self -
distributor, or brewed by the brewer;
6. Furnish things of value to a temporary retailer, as defined
in 27 C.F.R., Section 6.85;
7. Sell equipment or supplies to a retail licensee, provided
the equipment or supplie s are sold at a price not less than the cost
to the industry member and payment is collected w ithin thirty (30)
days of the sale;
8. Install dispensing accessories at the retail location, as
long as the retailer bears the cost of installation including
equipment; or furnish, give or sell coil cleaning services to a
retailer;
9. Withdraw quantitie s of beer or cider in undamaged, original
packaging from the retail licensee's stock, provided the beer
distributor, small brewer self-distributor, brewpub self -distributor
or brewer sold such beer, di rectly or indirectly, to the retail
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licensee and such removal is otherwise permitted under Section 3-115
of this title; provided, however, replacing with beer or cider of
equivalent value shall not be considered a con signment sale;
10. Provide mail-in rebates for beer, cider and nonalcoholic
beverage merchandise items, funded by the brewer and redeemed by the
brewer, either by itself or through a third-party fulfillment
company, for a discount or rebate on the beer, c ider or nonalcoholic
item;
11. Provide a recommended shelf plan or shelf schematic to a
retail licensee for all or any portion of the inventory sold by the
retail licensee;
12. Furnish or give a sample of beer or cider to a retailer who
has not purchased the brand from that brewer, beer distr ibutor,
small brewer self-distributor or brewpub self -distributor within the
last twelve (12) months, provided that the brewer, beer distributor,
small brewer self-distributor or brewpub self-distributor may not
give more than thirty-six (36) ounces of any brand of beer or cider
to a specific retailer;
13. Furnish or give newspaper cuts, mats or engraved blocks for
use in retailers' advertisements;
14. Package and distribute beer or cider in combination with
other nonalcoholic items for sale to consumers;
15. Give or sponsor educational seminars for employee s of
retailers either at the brewer, beer distributor, small brewer self-
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distributor or brewpub self-distributor's premises or at the
retailer's establishment, including seminars dealing with use of a
retailer's equipment, training seminars for employees o f retailers
or tours of the brewer, beer distributor, small brewer self-
distributor, or brewpub self-distributor's plant premises, provided
that the brewer, beer distributor, small brewer self -distributor or
brewpub self-distributor shall not pay the retai ler for the
employees' travel, lodging or other expenses in conjunction with an
educational seminar but may provide nominal hospitality during the
event;
16. Conduct tasting or sampling activities at a retail
establishment and purchase the products to be used from the retailer
so long as the purchase price paid does not exceed the ordinary
retail price; provided, a beer distributor shall not be required to
provide labor for such sampling activities;
17. Offer contest prizes, premium offers, refunds and li ke
items directly to consumers so long as officers, employees and
representatives of brewers, beer distributors, small brewer self-
distributors, brewpub self-distributors and licensed retailers are
excluded from participation;
18. List the names and addre sses of two or more unaffiliated
retailers selling the products of a brewer, beer distributor, small
brewer, small brewer self-distributor or brewpub self-distributor in
an advertisement of such brewer , beer distributor, small brewer,
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small brewer self-distributor or brewpub self-distributor so long as
the requirements of 27 C.F.R., Section 6.98 are satisfied,
considering applicable guidance issued by the United St ates
Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau;
provided, nothing in the Oklahoma Alcoholic Beverage Control Act
shall prohibit a retail, mixed beverage, on-premises beer and wine,
public event, special event, charitable auction, charitable
alcoholic beverage event, or complimentary beverage licensee from
communicating with a brewer, beer distributor, small brewer, small
brewer self-distributor or brewpub self-distributor on social media
or sharing media on the social media page or site of a brewer, beer
distributor, small brewer, small brewer self -distributor or brewpub
self-distributor. A retail, mixed beverage, on-premises beer and
wine, public event, special event, charitable auction, charitable
alcoholic beverage event, or com plimentary beverage licensee may
request free social media advertising from a brewer, beer
distributor, small brewer, small brewer self-distributor or brewpub
self-distributor; provided, nothing in this section shall prohibit a
brewer, beer distributor, sm all brewer, small brewer self -
distributor or brewpub self-distributor from sharing, reposting or
forwarding a social media post by a retail, mixed beverage, on-
premises beer and wine, public event, special event, charitable
auction, charitable alcoholic be verage event, or complimentary
beverage licensee, as long as the sharing, reposting or forward ing
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of the social media post does not contain the retail price of any
alcoholic beverage. No brewer, beer distributor, small brewer,
small brewer self-distributor or brewpub self-distributor shall pay
or reimburse a retail, mixed beverage, on -premises beer and wine,
public event, special event, charitable auction, charitable
alcoholic beverage event, or complimentary beverage licensee,
directly or indirectly, for any social media advertising services.
No retail, mixed beverage, on -premises beer and wine, public event,
special event, charitable auction, charitable alcoholic beverage
event, or complimentary beverage licensee shall accept any payment
or reimbursement, directly or indirectly, for any socia l media
advertising service offered by a brewer, beer d istributor, small
brewer, small brewer self-distributor or brewpub self-distributor.
For purposes of this paragraph, "social media" means a service,
platform or site where users communicate with one a nother and share
media, such as pictures, videos, music and blogs, with other users
free of charge; or
19. Entering product and price information into a retailer's
portal, website, spreadsheet or third-party system. A brewer may
pay for a third-party system that provides data and pricing services
to the brewer or a beer distributor.
F. It shall not be deemed an inducement for a brewer, beer
distributor, small brewer self-distributor or brewpub self-
distributor to engage in the following marketing activit ies,
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provided that the brewer, beer distributor, small brewer self-
distributor or brewpub self-distributor shall not pay the retailer's
travel costs other than those for local transportation or lodging:
1. Provide tickets to a retailer for a sporting or
entertainment event so long as a representative of the b rewer, beer
distributor, small brewer self-distributor or brewpub self-
distributor attends the event with the retailer;
2. Provide food and beverage to a retaile r for immediate
consumption:
a. at a meeting at which the primary purpose is the
discussion of business,
b. at a convention when the food and beverages are
offered to all participants, or
c. at a sports or entertainment event that the
representatives of a brewer, beer distributor, small
brewer self-distributor or brewpub self -distributor
attend with the retailer;
3. Participate in retailer association activities by engaging
in the following actions:
a. displaying products at a convention or trade show,
b. renting display booth space if the rent al fee is the
same as paid by all exhibitors at the eve nt,
c. providing its own hospitality which is independent
from association-sponsored activities,
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d. purchasing tickets to functions and paying
registration fees if the payments or fees are the same
as paid by all attendees, participants or exhibitors
at the event, or
e. making payments for advertisements in programs or
brochures issued by retailer associations at a
convention or trade show; or
4. Giving or selling outdoor signs to a retailer so long as the
following requirements of 27 C.F.R., Section 6.102 are satisfied:
a. the sign bears conspicuous and substantial advertising
matter about the product or the brewer, beer
distributor, small brewer self-distributor or brewpub
self-distributor which is pe rmanently inscribed or
securely affixed,
b. the retailer is not compensated, directly or
indirectly, such as through a sign company, for
displaying the signs, and
c. a permanent outdoor sign does not contain the
retailer's name.
SECTION 16. 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 grocery retail spirits licensee shall:
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1. Purchase or receive any alcoholic beverage 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 licensed 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 authorized by Section 2 -109 of this title
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 6:00 a.m. and 2:00 a.m. ;
4. Sell any alcoholic beverage on credit; provided, that
acceptance by a licensee of a cash or debit c ard 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 debit card or by an y other name,
issued with or without fee by an issuer for the use of
the cardholder in depositing, obtaining or
transferring funds from a consumer banking electronic
facility, and
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b. "nationally recognized credit card " means any
instrument or device, wheth er 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;
5. Offer or furnish any prize, premium, gift or similar
inducement to a consumer in connection with the sale of alcoholic
beverages, except that goods or merchandise included by the
manufacturer in packaging with alcoholic beverages or f or packaging
with alcoholic beverages shall not be included in this prohibition,
but no wholesaler or retailer shall sell any alcoholic beverage
prepackaged with other goods or merchandise at a price which is
greater than the price at which the alcoholic b everage alone is
sold; or
6. Pay for alcoholic beverages by a check or draft which is
dishonored by the drawee when presented to such drawee for payment;
and the ABLE Commission may cancel or suspend the license of a ny
retailer who has given a check or dr aft, as maker or endorser, which
is so dishonored upon presentation.
B. No retail spirits licensee shall:
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1. Purchase or receive any alcoholic beverage 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 licensed 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 authorized by Section 2 -109 of this title
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. Retail
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 election, provided that
the election day does not occur on any day on which such sales are
otherwise prohibited b y law;
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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; provided, 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
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 alcoholic
beverages, except that goods or merchandise included by the
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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 beverage
prepackaged with other goods or merchandise at a price which is
greater than the price at whi ch the alcoholic beverage alone is
sold; or
7. Pay for alcoholic beverages by a check or draft which is
dishonored by the drawee when presented to such drawee for payment;
and the ABLE Commission may cancel or suspend the license of any
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 about
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 distributor or wine and spirits
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 17. AMENDATORY 37A O.S. 2021, Section 6 -104, is
amended to read as follo ws:
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Section 6-104. No wine or spirits wholesaler li censee shall
sell or deliver, and no win e, grocery retail spirits or retail
spirits retail licensee shall receive:
1. Any amount of spirits or wines to any licensee on Sunday; or
2. Any amount of spirits or wines to an y licensee on New Year's
Day, the Fourth of July, Thanksgiving Day or Christ mas Day.
SECTION 18. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/02/2023 - DO PASS, As Amended.