ENGR. S. B. NO. 1474 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 1474 By: Thompson (Roger) of the Senate and Echols of the House An Act relating to alcoholic beverages; amending 37A O.S. 2021, Section 6-103, as last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp. 2023 , Section 6-103), which relates to prohibited acts of retail spirits licensees; removing certain prohibition; and providing an effecti ve date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 37A O.S. 2021, Section 6-103, as last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp. 2023, Section 6-103), is amended to read as follows: Section 6-103. A. No retail spirits licensee shall: 1. Purchase or receive any alcoholic bevera ge 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 lic ensed 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 con tent or retail container unsealed in ENGR. S. B. NO. 1474 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 connection with sampling authoriz ed 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. Re tail 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 electio n, provided that the election day does not occur on any day on which such sales are otherwise prohibited b y law; 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; prov ided, 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, ENGR. S. B. NO. 1474 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 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 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 b everage prepackaged with other goods or merchandise at a p rice which is greater than the price at whi ch the alcoholic beverage alone is sold; provided, it shall not be considere d inducement or a premium for a retail spirits licensee to have an ad vertised price posted higher online than th e shelf price on the licensed premises; or 7. 6. Pay for alcoholic beverages by a check or draft which is dishonored by the drawee when presented to such drawee for payment; ENGR. S. B. NO. 1474 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and the ABLE Commission may cancel or su spend 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 und er 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 distrib utor 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 2. This act shall becom e effective November 1, 2024. ENGR. S. B. NO. 1474 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the Senate the 20th day of February, 2024. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2024. Presiding Officer of the House of Representatives