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ENGROSSED SENATE
BILL NO. 1032 By: Coleman of the Senate
and
McDugle of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2 -113, which relates to the
caterer license; providing for the sale of alcoholic
beverages to certain licensees ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-113, is
amended to read as follows:
Section 2-113. A. 1. A caterer license may be issued to any
person for the purpose of sale, delivery or dist ribution of
alcoholic beverages incidental to the sale or distribution of food
on a premises not licensed by the ABLE Commission. For purposes of
this section, “incidental to the sale or distribution of food” means
food sales constituting at least thirty -five percent (35%) of the
caterer’s total combined annual sales. A caterer license shall no t
be issued to a person whose main pu rpose is the sale of alcoholic
beverages.
2. A caterer license may only be issued to those persons that
prepare, sell and dist ribute food for consumption either on licensed
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or unlicensed premises. In order to renew a caterer license, annual
food sales must constitute at least thirty -five percent (35%) of the
caterer’s total combined sales based on the most recent calendar
year. A caterer shall not be required to prepare, sell and
distribute food at every catered event as long as the caterer
satisfies the requirement set forth in this s ection.
3. Each caterer shall submit an annual sales report containing
revenue attributable to alcoholic beverages, food and all other
revenues attributable to the catering service. The annual sales
report must be submitte d thirty (30) days prior to expi ration of the
caterer license on forms prescribed by the ABLE Commission. The
caterer license may not be renewed if the caterer fails to provide
complete or sufficient financial data.
4. Each caterer shall submit a monthly event report containing
information on all events scheduled for the subsequent month. If an
event is scheduled after the firs t day of the month for an event to
occur in the same month, then the caterer shall report th at event
within twenty-four (24) hours of scheduling the event or wit hin
twenty-four (24) hours prior to the event, whichever occurs first.
The monthly event repor t shall be submitted on the first day of each
month.
5. All reports shall be submitted elec tronically on forms
prescribed by the ABLE Commission. Provided, if the caterer does
not have access to the Internet, then monthly reports must be
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submitted by facsimile to the ABLE Commission ’s office in Oklahoma
City, in which case the caterer must reta in a copy of the facsimile
confirmation sheet for at least twelve (12 ) months.
6. Any caterer who fails to submit a monthly report shall have
the caterer license a utomatically suspended until such time that the
caterer has fully complied with all reportin g requirements. Any
caterer whose annual food sales do not exceed th irty-five percent
(35%) of his or her total annual combined sales shall not have the
caterer’s license renewed.
B. The ABLE Commission shall promulgate rules governing the
application for and the issuance of caterer license s.
C. The restrictions and rule s which apply to the sale of mixed
beverages on the premises of a mixed beverage licensee also apply to
the sale under the authority of a caterer license. Any act which if
done on the premises of a mixed beverage licensee w ould be a ground
for revocation or suspension of the mixed beverage license is a
ground for revocation or suspension of a cater er license.
D. If the premises where the event being catered is held are
already operating pursuant to another type of license i ssued by the
ABLE Commission, the caterer and the other licensee shall both be
responsible for the actions of the caterer and s hall both be subject
to penalties for violations by the caterer of the Oklahoma Alcoholic
Beverage Control Act and any rules prom ulgated thereto.
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E. A caterer licensee may not store alcoholic beverages unless
the licensee has a storage license issued by t he ABLE Commission. A
caterer licensee selling beer and cider to consumers shall only
purchase such beer and cider from the dist ributor or wholesaler
within the county in which the licensee will be selling the beer and
cider to consumers.
F. A caterer may provide alcoholic beverage sales on the
premises of a person currently applying for a an on-premises beer
and wine license, mixed beverage/caterer combination license, or
mixed beverage license, provided the following terms have been
satisfied:
1. The caterer shall take reasonab le steps to ensure that the
on-premises beer and wine applicant, mixed beverage/caterer
combination applicant, or mixed beverage applic ant uses only
licensed employees to perform licensable activities while using the
caterer’s license. The caterer s hall use his or her best efforts to
attempt to have a licensed employee on-site supervising the sale of
such caterer’s alcoholic beverages at all times, but the caterer
shall not be disciplined for failing to have a licensed employee on -
site. The caterer expressly acknowledges that he or she is liable
for all violations of th e Oklahoma Alcoholic Beverage Control Act
and rules of the ABLE Commi ssion that are committed by the on-
premises beer and wine applicant, the mixed beverage/caterer
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combination applicant, or the mixed beverage applicant and its
employees during this period ;
2. The caterer and the on-premises beer and wine applicant, the
mixed beverage/caterer combination applicant, or the mixed beverage
applicant must submit to the ABLE Com mission a written agreement
setting forth all the terms of the catering agreement at least
twenty-four (24) hours prior t o the commencement of the catere d
event; and
3. The caterer may not provide alcoho lic beverage sales on the
unlicensed premises of the on-premises beer and wine applicant,
mixed beverage/caterer combination applicant, or the mixed beverage
applicant for more than sixty (60) days, or aft er the applicant’s
license has been denied, whichever occurs first.
G. A caterer may provide alcoholic bev erage services for
temporary public events which have been licensed and approved by the
ABLE Commission.
H. A caterer may provide alcoholic beverage services for a
mixed beverage licensee which holds a live performing arts
presentation and is open to the public not more than one hundred
twenty (120) days per year.
SECTION 2. This act shall become effect ive November 1, 2023.
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Passed the Senate the 8th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives