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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE JOINT
RESOLUTION NO. 1057 By: Wallace of the House
and
Green of the Senate
COMMITTEE SUBSTITUTE
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to Section 3 of
Article 28A of the Oklahoma Constitution; eliminating
the prohibition of refrigerated spirit sale s by
retail spirits licensees; providing ballot title; and
directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State s hall refer to the people for
their approval or rejection, as and in the manner provi ded by law,
the following proposed amendment to Section 3 of Article 28A of the
Constitution of the State of Oklahoma to read as follows:
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Section 3. A. The Legislature sh all, by law, prescribe a set
of licenses for the sale of alcoholic beverages to cons umers for
off-premise consumption, which shall include , but not be limited to:
1. A Retail Spirits License, which shall be required in order
to sell the following:
a. refrigerated and non-refrigerated spirits in their
original sealed package, and/or
b. refrigerated and non-refrigerated wine and beer in
their original sealed package.
A holder of a Retail Spirits License shall be permitted to sell
at retail any item that may be purchased at a grocery store or
convenience store, as defined by law, so long as the sale of items
other than alcoholic beverages do not comprise more than twenty
percent (20%) of the holder's monthly sales;
2. A Retail Wine License, which shall be req uired in order to
sell refrigerated or non -refrigerated wine in the original sealed
package. Retail Wine Licenses may be owned without limitation on
number by retail locations; and
3. A Retail Beer License, which shall be required in order to
sell refrigerated or non-refrigerated beer in the original sealed
package. Retail Beer License s may be owned without limitation on
number by retail locations.
B. As used in this section, the term "retail location" shall
include, but not be limited to:
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1. Supermarkets, grocery stores, convenience stores, drug
stores, warehouse, clubs and supercenters as defined by law; and/or
2. Retail outlets which were authorized to legally sell low
point beer as of the effective date of this section.
C. The Legislature shall, b y law, prescribe a set of licenses
for the sale of alcoholic beverages to consumers for on-premise
consumption, which may include the sale of spirits, wine and/or
beer, provided that such sales of alcoholic beverages by the
individual drink have been autho rized by the voters in the specific
county where the alcoholic beverages are sold, e ither prior to or
after the enactment of this Article.
SECTION 2. The Ballot Title for the proposed resolution shall
be in the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends Section 3 of Article 28A of the Oklahoma
Constitution. It eliminates the prohibition against the sale of
refrigerated spirits by retail spirits licensees.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall prepare and
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file one copy thereof, including the Ballot Title set forth in
SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/04/2024 - DO PASS,
As Amended and Coauthored.