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SENATE FLOOR VERSION
February 6, 2024
SENATE BILL NO. 1762 By: Coleman
An Act relating to alcoholic beverages; amending 3 7A
O.S. 2021, Section 2 -129, which relates to charitable
alcoholic beverage lice nses; updating statutory
language; exempting certain organizations from
certain amount of licenses issue d each year; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-129, is
amended to read as f ollows:
Section 2-129. A. A charitable auction or charitable alcoholic
beverage event license may be issued to a charitable organization
exempt from taxation under Section 501(c)(3), (4), (5), (6), (7),
(8), (9), (10) or (19) of th e United States Interna l Revenue Code.
The charitable alcoholic beverage event license shall authorize the
holder thereof to conduct a wine, spirit and/or beer event which may
consist of one or more of a wine, spirit and/or beer-tasting event,
a wine, spirit and/or beer dinner event or a wine, spirit and/or
beer auction, which may be either a live auction conducted by an
auctioneer or a silent auction for which:
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1. Bid sheets are accepted from interested bidders at the
event;
2. The holders of tickets ar e allowed to bid online for a
period not exceeding thirty (30) days prior to the event; or
3. Both bid sheets are accepted at the event and online bids
are accepted pursuant to paragraph 2 of this subsection.
B. A charitable alcoholic beverage event shall be conducted
solely to raise funds for chari table purposes. A charitable
alcoholic beverage license shall allow the event attendees access to
tastings, samples, dinners and alcoholic beverages as parts part of
their entrance fee or ticket price. Wine, spiri ts and/or beer used
in, served or consumed at a charitable alcoholic beverage event may
be purchased by the charitable organization or donated by any person
or entity.
C. The charitable alcoholic beverage event license sh all be
issued for a period not exceeding four (4) da ys. Only eight such
licenses may be issued to an organization in any twelve -month
period; provided, that institutions of higher education in this
state shall not be restricted to the maximum number of event
licenses issued in any twelve-month period pursuant to this
subsection. The charitable organization holding a charitable
alcoholic beverage event license shall not be required to obtain a
special event license.
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D. Charitable auction and charitable alcoholic beverage event
license holders may also util ize a licensed caterer to provide
additional alcohol services at the event and on the premises.
E. The charitable auction license shall authorize the holder
thereof to auction wine, spirits and/or beer purchased from a retail
package store or received as a gift from an individual if the
auction is conducted to raise funds for charitable pur poses. The
charitable auction license shall be issued for a period not to
exceed two (2) days. Only four such licenses shall be issued to an
organization in any twelve -month period; provided, that institutions
of higher education in this state shall not be restricted to the
maximum number of auction licenses issued in any twelve-month period
pursuant to this subsection. The maximum amount of wine, spiri ts
and/or beer auctioned pursuant to the charitable auction license
shall not exceed fif ty (50) gallons. All wines, beer and spirits
auctioned pursuant to the charitable auction l icense shall be
registered and all fees and taxes shall be paid in accordance with
the Oklahoma Alcoholic Beverage Control Act.
F. No charitable alcoholic beverage event license shall be
required for an organization, association or nonprofit corporation
which is an economic development chamber or similar entity, provided
the event is not conducted primarily for fundraising purposes, and
provided the services of a li censed caterer are used to provide and
distribute the alcoholic beverages at the event.
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SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
February 6, 2024 - DO PASS