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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2740 By: Duel
AS INTRODUCED
An Act relating to alcoholic beverages; amending 22
O.S. 2021, Section 1261, which relates to seized
alcoholic beverages; requiring the Alcoholic Beverage
Law Enforcement (ABLE) Commission to store seized
alcoholic beverages; amending 37A O.S. 2021, Section
1-107, which relates to the powers and dut ies of the
ABLE Commission; requiring the ABLE Commission to
store seized alcoholic beverages ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1261, is
amended to read as follows:
Section 1261. In all cases where wines, whiskey, beer or other
intoxicating liquors mentioned in the Constitution or laws of this
state or any personal property used for the purpose of violating any
of the prohibitory liquor laws or gambling laws of this state, shall
be seized by any officer or person wi th or without a search warrant,
such officer or person is hereby required within five (5) days to
make a written report under oath and file the same with the court
clerk of the proper or respective county where the same shall be so
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seized, which report sha ll in detail state the name of the officer
or person making the seizure, the place where seized and an
inventory of the property, articles or intoxicating liquors so t aken
into possession, and within said five (5) days said person is hereby
required to deliver the same to the sheriff of the county Alcoholic
Beverage Law Enforcement (ABLE) Commission and take the sheriff's
ABLE's receipt therefor, in duplicate and such sheriff ABLE shall
retain the same and all thereof, until the same shall be destroyed
pursuant to the orders of the court. In computing the time, five
(5) days, Sundays and holidays shall be excluded and not counted. A
duplicate copy of said receipt shall i mmediately be filed with said
court clerk, who shall keep a rec ord of same, provided the sheriff
and his deputies ABLE shall be required to make the affidavit and
issue the receipt and otherwise comply with the provisions of this
act. Provided, that all li quors so seized shall be preserved for use
as evidence in the trial of any action growing out of such seizure
and all officers seizing any such liquors are hereby required to
mark the bottles or containers for identification by writing thereon
the date of the seizure and the name of the person from whom seized.
The sheriff shall be liable on his bond for the safe keeping of all
such property so turned over to him under the provisions of this
act.
SECTION 2. AMENDATORY 37A O.S. 2021 , Section 1-107, is
amended to read as follows:
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Section 1-107. A. The ABLE Commission shall have the following
powers and duties:
1. To supervise, inspect and regulate every phase of the
business of manufacturing, importing, exporting, transporting,
storing, selling, distributing and possessing for the purpose of
sale, all alcoholic bever ages which shall be necessary and proper to
carry out the purposes of the Oklahoma Alcoholic Beverage Control
Act;
2. To promulgate rules, in the manner herein provided , to carry
out the purposes of the Oklahoma Alcoholic Beverage Control Act;
3. To have the sole authority to issue any license provided for
in the Oklahoma Alcoholic Beverage Control Act and except as
provided in Sections 101 and 102 of this act with resp ect to cities,
towns and counties, and except as may be provided under Title 68 of
the Oklahoma Statutes with respect to the Oklahoma Tax Commission,
no other agency, instrumentality or political subdivision of this
state shall be authorized to issue any l icense or permit allowing
any licensee to engage in any activity covered by the Oklahom a
Alcoholic Beverage Control Act anywhere within the State of
Oklahoma;
4. To refuse to issue any license provided for in the Oklahoma
Alcoholic Beverage Control Act fo r cause provided for in the
Oklahoma Alcoholic Beverage Control Act;
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5. To revoke or suspend, for cause after hearing, any license
issued under the authority of the Oklahoma Alcoholic Beverage
Control Act;
6. To prescribe the forms of all reports which i t deems
necessary in administering the Oklahoma Alcoholic Beverage Control
Act;
7. To fix standards not in conflict with those prescribed by
any law of this state or of the United States, to secure the use of
proper ingredients and methods of manufacture and dispensing of
alcoholic beverages;
8. To make seizures of alcoholic beverages manu factured, sold,
possessed, imported or transported in violation of the Oklahoma
Alcoholic Beverage Control Act, and apply for the confiscation
thereof whenever required by the Oklahoma Alcoholic Beverage Control
Act, and cooperate in the prosecution of off enders before any court
of competent jurisdiction;
9. To submit to the Governor and members of the State
Legislature annual or semiannual reports upon request of the
Governor;
10. To inspect or cause to be inspected any premises where
alcoholic beverages are manufactured, stored, distributed, sold,
dispensed or served;
11. In the conduct of any hearing authorized to be held by the
ABLE Commission:
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a. to examine or cause to be examined, under oath, any
person,
b. to examine or cause to be examined books a nd records
of any licensee,
c. to hear testimony and take proof material for the ABLE
Commission's information and the discharge of its
duties hereunder,
d. to administer or cause to be administered oaths, and
e. to issue subpoenas for the attendance of wi tnesses and
the production of books or records which shall be
effective in any part of the state. Any district
court or any judge thereof, either in term or
vacation, may by order duly entered require the
attendance of witnesses and the production of rele vant
books or records subpoenaed by the ABLE Commission,
and the court or judge may compel obedience to the
order by proceedings for contempt;
12. To prescribe the kind and size of retail containers of
alcoholic beverages which may be purchased, possessed and sold by a
licensee;
13. To prescribe by rule, in addition to those herein required,
the kinds of records to be kept and reports to be rendered by
licensees, and the information to be shown therein; provided, that
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the period for which all such records and reports be retained shall
not be less than five (5) years;
14. To gather, compile and print such statistical data as may
in the opinion of the ABLE Commission be n eeded or useful, and
prescribe charges or fees to be collected from any person or compa ny
to whom such data shall be provided. No reports shall contain sales
information by name or license number;
15. To educate persons employed by licensees to sell or s erve
alcoholic beverages as to the provisions of Article XXVIIIA of the
Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control
Act, with emphasis on recognizing and preventing intoxication and
particular emphasis on those provisions prohibiting the selling or
serving of alcoholic beverages to minors. The ABLE Commission may
contract with one or more entities, including but not limited to the
Oklahoma Department of Mental Health and Substance Abuse Services,
to perform the duties specified in thi s paragraph;
16. To purchase motor vehicles necessary for use in its
operations. Such motor vehicles shall not be required to have any
type of identifying marking thereon;
17. To purchase insurance on the motor vehicles owned and
operated by the ABLE Co mmission in accordance with statutory
provisions, subject to the approval of the Risk M anagement
Administrator as provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes;
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18. To approve or reject any official bond required to be filed
with the ABLE Commission; and
19. To exercise all other powers and duties conferred by the
Oklahoma Alcoholic Beverage Control Act, and all powers incidental,
convenient or necessary to enable it to administer or carry out any
of the provisions of the Oklahoma Al coholic Beverage Control Act.;
and
20. To store seized alcoholic beverages pursuant to Section
1261 of Title 22 of the Oklahoma Statutes .
B. The ABLE Commission shall promulgate rules, pursuant to the
Administrative Procedures Act, to carry out the purpo ses of the
Oklahoma Alcoholic Beverage Control Act.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6952 JL 01/11/23