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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. 2740 By: Duel
COMMITTEE SUBSTITUTE
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 with 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 shall in detail state the name of the officer
or person making the seizure, the place whe re seized and an
inventory of the property, articles or intoxicating liquors so t aken
into possession, and within said five (5) days s aid 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, un til the same shall be destroyed
pursuant to the orders of the court. In computing the time, five
(5) days, Sundays and ho lidays shall be excluded and not counted. A
duplicate copy of said receipt shall i mmediately be filed with said
court clerk, who shal l keep a record 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 t o
mark the bottles or containers for identification by writing thereon
the date of the seizure and the name of the person from whom se ized.
The sheriff ABLE shall be liable on his its bond for the safe
keeping of all such property so turned over to him it 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 beverages 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 Alco holic Beverage Control Act and except as
provided in Sections 101 4-104 and 102 4-105 of this act title with
respect 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 authoriz ed to issue any license
or permit allowing any licensee to enga ge in any activity covered by
the Oklahoma 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 for 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 al l reports which it deems
necessary in administering the Oklahom a 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 method s of manufacture and dispensing of
alcoholic beverages;
8. To make seizures of alcoholic beverages manufactured, sold,
possessed, imported or transported in vi olation 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 offenders 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 inspect ed 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 and records
of any licensee,
c. to hear testimony and tak e 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 witnesses and
the production of books or records which sha ll be
effective in any part of the state. Any district
court or any judge thereof, either in te rm or
vacation, may by order duly entered require the
attendance of witnesses and the production of relevant
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 a ddition 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, t hat
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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 ABL E Commission be needed or useful, and
prescribe charges or fees to be collected from any person or company
to whom such data shall be provided. No reports shal l contain sales
information by name or license number;
15. To educate persons employed by licen sees to sell or serve
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 provis ions 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 this paragraph;
16. To purchase motor vehicles n ecessary 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 Commission in accordance with statutory
provisions, subject to the approval of the Risk Management
Administrator as provided for in Section 85.58 A 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 oth er powers and duties conferred by the
Oklahoma Alcoholic Beverage Control Act, and all powers inc idental,
convenient or necessary to enable it to administer or carry out any
of the provisions of the Oklahoma Alcoholic 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 ca rry out the purposes of the
Oklahoma Alcoholic Beverage Control Act.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 02/22/2023 - DO PASS, As Amended.