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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1818 By: Rosino
AS INTRODUCED
An Act relating to alcoholic beverages; creating the
Marissa Murrow Act; providing short title; amending
37A O.S. 2021, Section 1-103, as amended by Section
2, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
Section 1-103), which relates to definitions;
defining term; amending 37 A O.S. 2021, Section 2 -101,
as amended by Section 3, Chapter 33 8, O.S.L. 2023
(37A O.S. Supp. 2023, Section 2-101), which relates
to license fees; providing fee for license; amending
37A O.S. 2021, Section 2-112, which relates to
caterer license; expanding lawful usage; amending 37A
O.S. 2021, Section 2-113, as amended by Section 1,
Chapter 42, O.S.L. 2023 (37A O.S. Supp. 2023, Section
2-113), which relates to rules and regulations of
caterer license; all owing caterer licensee to operate
at event venue if licensed; establishing event venue
license; requiring certain license postage; excepting
certain venues; providing for promulgation of rules;
providing for noncod ification; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes rea ds as follows:
This act shall be known and may be cited as the “Marissa Murrow
Act”.
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SECTION 2. AMENDATORY 37A O.S. 2021, Section 1 -103, as
amended by Section 2, Chapter 338, O.S.L. 2023 (3 7A O.S. Supp. 2023,
Section 1-103), is amended to read as follows:
Section 1-103. As used in the Oklahoma Alcoholic Beverage
Control Act:
1. “ABLE Commission” or “Commission” means the Alcoholic
Beverage Laws Enforcement Commission;
2. “Alcohol” means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol or spirits of wine, f rom whatever source or by
whatever process produc ed. It does not include wood alcohol or
alcohol which has been denatured or produced as denatured in
accordance with Acts of Congress and regulations promulgated
thereunder;
3. “Alcoholic beverage” means alcohol, spirits, beer and wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed as a beverage by human beings;
4. “Applicant” means any individual, legal or commercial
business entity, or a ny individual involved in any legal or
commercial business entity allowed to hold any license issued in
accordance with the Oklahoma Alcoholic Beverage Control Act;
5. “Beer” means any beverage containing more than one-half of
one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of an infusion or decoction of barley, or
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other grain, sugar, malt or similar products. For the purposes of
taxation, distribution, sales, and regulation, seltze r shall mean
the same as beer as prov ided in this section. Beer may or may not
contain hops or other vegetable products. Beer includes, among
other things, beer, ale, stout, lager beer, porter, seltzer, and
other malt or brewed liquors, but does not include sake, known as
Japanese rice wine;
6. “Beer keg” means any brewer-sealed, single container that
contains not less than four (4) gallons of be er;
7. “Beer distributor” means and includes any person licensed to
distribute beer for retail sale in the state, but does not include a
holder of a small brewer self-distribution license or brewpub self-
distribution license. The term distributor, as used in the Oklahoma
Alcoholic Beverage Control Act, shall be construed to r efer to a
beer distributor;
8. “Bottle club” means any establishment in a county which has
not authorized the retail sale of alcoholic beverages by the
individual drink, which is r equired to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. “Bottle service” means the sale and provision of spirits in
their original packages by a mixed be verage licensee to be consumed
in that mixed beverage licensee’s club suite;
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10. “Brand” means any word, name, group of letters, symbol or
combination thereof, that is adopted and used by a licensed brewer
to identify a specific beer, wine or spirit and t o distinguish that
product from another beer, wine or spirit;
11. “Brand extension” means:
a. after October 1, 2018, any brand of beer or cider
introduced by a manufacturer in this state which
either:
(1) incorporates all or a substantial part of the
unique features of a preexisting brand of the
same licensed brewer, or
(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
b. any brand of beer that a brewer, the majority of whose
total volume of all brands of beer dis tributed in this
state by such brewer on Janu ary 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporated all or a substantial
part of the unique features of a preexisting low-
point beer brand of the same licensed brewer, or
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(2) relies or relied to a significant extent on the
goodwill associated with a preexisting low-point
beer brand;
12. “Brewer” means and includes any person who manufactu res for
human consumption by the use of raw materials or othe r ingredients
any beer or cider upon which a license fee and a tax are imposed by
any law of this state;
13. “Brewpub” means a licensed establishment opera ted on the
premises of, or on premises located contiguous to, a small brewer,
that prepares and serves food an d beverages, including alcoholic
beverages, for on-premises consumption;
14. “Cider” means any alcoholic beverage obtained by the
alcoholic fermentation of fruit juice, including but n ot limited to
flavored, sparkling or carbonated cider. For the purposes of the
manufacture of this product, cider may be manufactured by either
manufacturers or brewers. For the purposes of the distribution of
this product, cider may be distributed by ei ther wine and spirits
wholesalers or beer distributors;
15. “Club suite” means a designated area within the premises of
a mixed beverage licensee designed to provide an exclusive space
which is limited to a patron or patrons specifically granted access
by a mixed beverage licensee and is not accessible to other pat rons
of the mixed beverage licensee or the public. A club suite must
have a clearly designated point of access for a patron or patrons
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specifically granted access by the mixed beverage licensee to ensure
that persons present in the suite are limited to patrons
specifically granted access by the mixed beverage licensee and
employees providing services to the club suite;
16. “Convenience store” means any person primarily engaged in
retailing a limited range of general household items and groceries,
with extended hours of operation, whether or not engaged in retail
sales of automotive fuels in combination with such sales;
17. “Convicted” and “conviction” mean and include a finding of
guilt resulting from a plea of guilty or nolo contendere, the
decision of a court or magistrate or the verdict of a jury,
irrespective of the pronouncement of judgment or the suspension
thereof;
18. “Designated products” means the brands of wine or spirits
offered for sale by a manufacturer that the manufacturer has
assigned to a designated wholesaler for exclusive distribution;
19. “Designated wholesaler” means a wine and spirits wholesaler
who has been selected by a manufa cturer as a wholesale r appointed to
distribute designated products;
20. “Director” means the Director of the ABLE C ommission;
21. “Distiller” means any person who produces spirits from any
source or substance, or any person who brews or makes mash, wor t or
wash, fit for distillation or for the prod uction of spirits (except
a person making or using such mater ial in the authorized production
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of wine or beer, or the production of vinegar by fermentation), or
any person who by any process separates alcoholi c spirits from any
fermented substance, or any person who, making or keeping mash, wort
or wash, has also in his or he r possession or use a still;
22. “Distributor agreement” means the written agreement between
the distributor and brewer as set forth in Section 3-108 of this
title;
23. “Drug store” means a person primarily engaged in retailing
prescription and nonprescription drugs and medicines;
24. “Dual-strength beer” means a brand of beer that,
immediately prior to April 15, 2017, was being sold a nd distributed
in this state:
a. as a low-point beer pursuant to the Low-Point Beer
Distribution Act in effect immediatel y prior to
October 1, 2018, and
b. as strong beer pursuant to the Alcoholic Beverage
Control Act in effect immediately prior to Octob er 1,
2018,
and continues to be sold and distributed as such on October 1, 2018.
Dual-strength beer does not inc lude a brand of beer that arose as a
result of a brand extension as defined in this section;
25. “Event venue” means any nongovernmental location, property,
space, premises, grounds, building or buildings, or other site that
offers to the general public for rent, lease, reservation, or other
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contractual use, for the hosting of a function, occasion, or event,
special, private, or public, of a temporary nature. The location,
property, space, premi ses, grounds, or building or buildings defined
in this paragraph shall not include those owned, leased, or occupied
by organizations exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section 501(c)(3);
26. “Fair market value” means the value in the subject
territory covered by t he written agreement wit h the distributor or
wholesaler that would be determined in an a rm’s length transaction
entered into without duress or threat of termination of the
distributor’s or wholesaler’s rights and shall include all elements
of value, including goodwill and going -concern value;
26. 27. “Good cause” means:
a. failure by the distributor to comply with the material
and reasonable provisions of a written agreement or
understanding with the brewer, o r
b. failure by the distributor to comply with the duty of
good faith;
27. 28. “Good faith” means the duty of each party to any
distributor agreement and all officers, employees or agents thereof
to act with honesty in fact and within reasonable standards of fair
dealing in the trade;
28. 29. “Grocery store” means a person primarily engaged in
retailing a general line of food, such as canned o r frozen foods,
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fresh fruits and vegetables, and fresh and prepared meats, fish and
poultry;
29. 30. “Hotel” or “motel” means an establishment which is
licensed to sell alcoholic beverages by the individual drink and
which contains guestroom accommodations with respect to wh ich the
predominant relationship existing between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest. For purposes of this se ction, the existence of other legal
relationships as between some occupants and t he owner or operator
thereof shall be immaterial;
30. 31. “Legal newspaper” means a newspaper meeting the
requisites of a newspaper for publication of legal notices as
prescribed in Sections 101 through 114 of Title 25 of the Oklahoma
Statutes;
31. 32. “Licensee” means any person holding a license under the
Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
employee of such licensee while in the performance of any act or
duty in connection with the licensed business or on the licensed
premises;
32. 33. “Low-point beer” shall mean any beverages containing
more than one-half of one percent (1/2 of 1%) alcohol by volume, and
not more than three and two -tenths percent (3.2%) alcohol by weight,
including but not limited to, beer or cereal malt beverages ob tained
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by the alcoholic fermentation of an infusion by barley or other
grain, malt or similar products;
33. 34. “Manufacturer” means a distiller, winemaker, recti fier
or bottler of any alcoholic beverage (other than beer) and its
subsidiaries, affiliates and parent companies;
34. 35. “Manufacturer’s agent” means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of the
manufacturer or nonresident seller in the state;
35. 36. “Meals” means foods commonly ordered at lunch or dinner
and at least part of which is cooked on the licensed premises and
requires the use of dining implements for consumption. Provided,
that the service of on ly food such as appetizers, sandwiches, salads
or desserts shall not be considere d meals;
36. 37. “Mini-bar” means a closed container, either
refrigerated in whole or in part, or nonrefrigerated, and access to
the interior of which is:
a. restricted by means of a locking device whic h requires
the use of a key, magnetic card or similar device, or
b. controlled at all times by the licensee;
37. 38. “Mixed beverage cooler” means any beverage, by whatever
name designated, consisting of an alcoholic beverage a nd fruit or
vegetable juice, fruit or vegetable flavorings, dairy products or
carbonated water containing more than one-half of one percent (1/2
of 1%) of alcohol measured by volume but not more than seven percent
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(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seventy -five
(375) milliliters. Such term shall include but not be limited to
the beverage popularly known as a “wine cooler”;
38. 39. “Mixed beverages” means one or more se rvings of a
beverage composed in whole or part of an alcoholic beverage in a
sealed or unsealed container of any legal size for consumption on
the premises where served or sold by the holder of a mixed beverage,
beer and wine, caterer, public event, charitab le event or special
event license;
39. 40. “Motion picture theater” means an establishment which
is licensed by Section 2-110 of this title to sell alcoholic
beverages by the individual drink and where motion pictures are
exhibited, and to which the gen eral public is admitted;
40. 41. “Nondesignated products” means the brands of wine or
spirits offered for sal e by a manufacturer that have not been
assigned to a designated wholesaler;
41. 42. “Nonresident seller” means any person licensed pursuant
to Section 2-135 of this title;
42. 43. “Retail salesperson” means a salesperson soliciting
orders from and callin g upon retail alcoholic beverage stores with
regard to his or her product;
43. 44. “Occupation” as used in connection with “occupation
tax” means the sites occupied as the places of business of the
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manufacturers, brewers, wholesalers, beer distributors, r etailers,
mixed beverage licensees, on-premises beer and wine licensees,
bottle clubs, caterers, public event and special eve nt licensees;
44. 45. “Original package” means any container of alcohol ic
beverage filled and stamped or sealed by the manufacture r or brewer;
45. 46. “Package store” means any sole proprietor or
partnership that qualifies to sell wine, beer and/or spirits for
off-premises consumption and that is not a grocery store,
convenience store or drug store, or other retail outlet that is not
permitted to sell wine or beer for off-premises consumption;
46. 47. “Patron” means any person, customer or visitor who is
not employed by a licensee or who is not a licensee;
47. 48. “Person” means an individual, any type of partnership,
corporation, association, limited li ability company or any
individual involved in the legal structure of any such business
entity;
48. 49. “Premises” means the grounds and all buildings and
appurtenances pertaining to t he grounds including any adjacent
premises if under the direct or indirect control of the licensee and
the rooms and equipment under the control of the licensee and used
in connection with or in furtherance of the business covered by a
license. Provided that the ABLE Commission shall have the authority
to designate areas to b e excluded from the licensed premises solely
for the purpose of:
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a. allowing the presence and consumption of alcoholic
beverages by private parties which are closed to the
general public, or
b. allowing the services of a caterer serving alcoholic
beverages provided by a private party.
This exception shall in no way limit the licensee’s concurrent
responsibility for any viola tions of the Oklahoma Alcoholic Beverage
Control Act occurring on the licensed premises;
49. 50. “Private event” means a social gather ing or event
attended by invited guests who share a common cause, membership,
business or task and have a prior established relationship. For
purposes of this definition, advertisemen t for general public
attendance or sales of tickets to the general public shall not
constitute a private event;
50. 51. “Public event” means any event that can be attended by
the general public;
51. 52. “Rectifier” means any person who rectifies, purifies or
refines spirits or wines b y any process (other than by original and
continuous distillation, or original and continuous processing, from
mash, wort, wash or other substance, through continuous closed
vessels and pipes, until the production thereof is complete), and
any person who, without rectifying, purifying or refining spirits,
shall by mixing (except for immediate consumption on the premises
where mixed) such spirits, wine or other liquor with any material,
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manufactures any spurious, imitati on or compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
or any other name;
52. 53. “Regulation” or “rule” means a formal rule of general
application promulgated by the ABLE Commission as herein required;
53. 54. “Restaurant” means an establishment that i s licensed to
sell alcoholic beverages by the individual drink for on-premises
consumption and where food is prepared and sold for immediate
consumption on the premises;
54. 55. “Retail container for spirits a nd wines” means an
original package of any capacit y approved by the United States
Bureau of Alcohol, Tobacco, Firearms and Explosives;
55. 56. “Retailer” means a package store, grocery store,
convenience store or drug store licensed to sell alcoholic beverages
for off-premises consumption purs uant to a Retail Spirits License,
Retail Wine License or Retail Beer License;
56. 57. “Sale” means any transfer, exchange or barter in any
manner or by any means wh atsoever, and includes and means all sales
made by any person, whether as principal, proprieto r or as an agent,
servant or employee. The term sale is also declared to be and
include the use or consumption in this state of any alcoholic
beverage obtained within or imported from without this state, upon
which the excise tax levied by the Oklahoma Alcoholic Beverage
Control Act has not been paid or exempted;
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57. 58. “Seltzer” means any beverage containing more than one -
half of one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of malt, rice, grain of any kind, bran,
glucose, sugar, or molasses and combined with carbonated water and
other flavoring and labeled as “beer” by the Internal Revenue Code;
provided, that seltzer shall not include carbonated beverages mixed
with wine or spirits;
58. 59. “Short-order food” means food other than full meals
including but not limited to s andwiches, soups and salads. Provided
that popcorn, chips and other s imilar snack food shall not be
considered short-order food;
59. 60. “Small brewer” means a brewer who manufactures less
than sixty-five thousand barrels of beer annually pursuant to a
validly issued Small Brewer License hereunder;
60. 61. “Small farm wine” means a wine that is produce d by a
small farm winery with seventy-five percent (75%) or more Oklahoma-
grown grapes, berries, other fruits, h oney or vegetables;
61. 62. “Small farm winery” means a wine-making establishment
that does not annually produce for sale more than fifteen thous and
(15,000) gallons of wine as reported on the United States Department
of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
62. 63. “Sparkling wine” means champagne or any ar tificially
carbonated wine;
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63. 64. “Special event” means an entertainment, recreation or
marketing event that occurs at a sing le location on an irregular
basis and at which alcoholic beverages are sold;
64. 65. “Spirits” means any beverage other than wine or beer,
which contains more than one-half of one percent (1/2 of 1%) alcohol
measured by volume, and obtained by distillatio n, whether or not
mixed with other substances in solution and includes those products
known as whiskey, brandy, rum, gin, vodka, liqueur s, cordials and
fortified wines and similar compounds, but shall not include any
alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto;
65. 66. “Strong beer” means beer which, prior to October 1,
2018, was distributed pursuant to the Oklahoma Alcoholic Beve rage
Control Act, Section 1-101 et seq. of this title;
66. 67. “Successor brewer” means a primary source of supply, a
brewer, a cider manufacturer or an importer that acquires r ights to
a beer or cider brand from a predecessor brewer;
67. 68. “Tax Commission” means the Oklahoma Tax Commission;
68. 69. “Territory” means a geographic region with a specified
boundary;
69. 70. “Wine and spirits wholesaler ” or “wine and spirits
distributor” means and includes any sole proprietorship or
partnership licensed to distribute wine and spirits in the state.
The term “wholesaler”, as used in the Oklahoma Alcoholic Beverage
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Control Act, shall be construed to refer to a wine and spirits
wholesaler;
70. 71. “Wine” means and includes any beverage containing more
than one-half of one percent (1/2 of 1%) alcohol by volume and not
more than twenty-four percent (24%) alcohol by volume at s ixty (60)
degrees Fahrenheit obtained by the fermentation o f the natural
contents of fruits, vegetables, honey, milk or other products
containing sugar, whether or not other ingredients are added, and
includes vermouth and sake, known as Japanese rice wine ;
71. 72. “Winemaker” means and includes any person or
establishment who manufactures for human consumption any wine upon
which a license fee and a tax are imposed by any law of this state;
and
72. 73. “Satellite tasting room” means a licensed establishm ent
operated off the licensed premises of the holder of a s mall farm
winery or winemaker license, which serves wine for on-premises or
off-premises consumption.
Words in the plural include the singular, and vice versa, and
words imparting the masculine gen der include the feminine, as well
as persons and licensees as defined in this section.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-101, as
amended by Section 3, Chapter 338, O.S.L. 20 23 (37A O.S. Supp. 2023,
Section 2-101), is amended to r ead as follows:
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Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
1. Brewer License................................ .. $1,250.00
2. Small Brewer License.............................. $125.00
3. Distiller License............................... $3,125.00
4. Winemaker License................................ . $625.00
5. Small Farm Winery License.......................... $75.00
6. Rectifier License............................... $3,125.00
7. Wine and Spirits Wholesaler License............. $3,000.00
8. Beer Distributor License.......................... $750.00
9. The following retail spirits license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,5 00 population.......... $305.00
b. Retail Spirits License for cities and
towns from 2,501 to 5,000 population ........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 populatio n................. $905.00
10. Retail Wine License............................ $1,000.00
11. Retail Beer License.............................. $500.00
12. Mixed Beverage License......................... $1,005.00
(initial license)
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$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License..... $1,250.00
14. On-Premises Beer and Wine License ................ $500.00
(initial license)
$450.00
(renewal)
15. Bottle Club License............................ $1,000.00
(initial license)
$900.00
(renewal)
16. Caterer License................................ $1,005.00
(initial license)
$905.00
(renewal)
17. Annual Special Event License...................... $55.00
18. Quarterly Special Event License................... $55.00
19. Hotel Beverage License......................... $1,005.00
(initial license)
$905.00
(renewal)
20. Airline/Railroad/Commercial Passenger Vessel Bev erage
License................................ ........ $1,005.00
(initial license)
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$905.00
(renewal)
21. Agent License................................ ..... $55.00
22. Employee License................................ .. $30.00
23. Industrial License................................ $23.00
24. Carrier License................................ ... $23.00
25. Private Carrier License........................... $23.00
26. Bonded Warehouse License ......................... $190.00
27. Storage License................................ ... $23.00
28. Nonresident Seller License ...................... $750.00
29. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year........................... $50.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year........................... $75.00
c. 501 cases or more sold in Oklah oma in
last calendar year.......................... $150.00
30. Manufacturer’s Agent License...................... $55.00
31. Sacramental Wine Supplier Lice nse................ $100.00
32. Charitable Auction License......................... $1.00
33. Charitable Alcoholic Bever age License............. $55.00
34. Winemaker Self-Distribution License :
a. produced ten thousand (10,000) gallons
or less in last calendar year............... $350.00
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b. produced more than ten thousand
(10,000) gallons but no more than
fifteen thousand (15,000) gallons in
last calendar year.......................... $750.00
35. Annual Public Event License.................... $1,005.00
36. One-Time Public Event License.................... $255.00
37. Small Brewer Self-Distribution License:
a. produced fifteen thousand (15,000)
barrels or less in last calendar year....... $350.00
b. produced more than fifteen thousand
(15,000) barrels in last calendar year...... $750.00
38. Brewpub License................................ $1,005.00
39. Brewpub Self-Distribution License................ $750.00
40. Complimentary Beverage Licens e.................... $75.00
41. Satellite Tasting Room License................... $100.00
42. Event Venue License.............................. $500.00
B. 1. There shall be added to the initial or renewal fees for
a mixed beverage license an administrative fee, which shall not be
deemed to be a license fee, in the amount of Five Hundred Dollars
($500.00), which shall be paid at the same time and in the same
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee shall not be asse ssed against
service organizations or frater nal beneficiary societies which are
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exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
Code.
2. There shall be added to the fee for a mixed beverage/caterer
combination license an administrative fee, which shall not be deemed
to be a license fee, in the amount of Two Hundred F ifty Dollars
($250.00), which shall be paid at the same time and in the same
manner as the license fee prescribed by paragraph 13 of subsection A
of this section.
C. Notwithstanding the provisions of subsection A of this
section:
1. The license fee for a mixed beverage or bottle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
year; and
2. The renewal fee for an airline/railroad/commercial passenger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00 ).
D. An applicant may apply for and receive both an on-premises
beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses shall be valid for two
(2) years.
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F. The holder of a license, issued by the ABLE Commission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the indivi dual drink for on-premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage lice nse or an on-premises beer and wine
license and operate the licensed premises as a mixed beverage
establishment or an on-premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
There shall be no addit ional fee for such exchange and the mixed
beverage license or on-premises beer and wine license issued shall
expire one (1) year from the date of issuance of the original b ottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller License...................... $2,500.00
2. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year.......................... $100.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year.......................... $225.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $450.00
3. Wine and Spirits Wholesaler License............. $2,500.00
4. Beer Distributor................................ $1,000.00
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5. Retail Spirits License for cities and towns
over 5,000 population.......................... $250.00
6. Retail Spirits License for cities and towns
from 2,501 to 5,000 population................. $200.00
7. Retail Spirits License for cities and towns
from 200 to 2,500 population................... $150.00
8. Retail Wine License............................... $250.00
9. Retail Beer License............................... $250.00
10. Mixed Beverage License ............................ $25.00
11. Mixed Beverage/Caterer Combination License........ $25.00
12. Caterer License................................ ... $25.00
13. On-Premises Beer and Wine License................. $25.00
14. Annual Public Event License....................... $25.00
15. Small Farm Winery License......................... $25.00
16. Small Brewer License.............................. $35.00
17. Complimentary Beverage License.................... $25.00
The surcharge shall be paid concurrent with the licensee’s
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee, sh all be deposited in the Alcoholic Beverage
Governance Revolving Fund established pur suant to Section 5-128 of
this title.
H. Any license issued by the ABLE Commission under this title
may be relied upon by other licen sees as a valid license, and no
other licensee shall have any obligation to independently determine
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the validity of such l icense or be held liable solely as a
consequence of another licensee’s failure to maintain a valid
license.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 2-112, is
amended to read as follows:
Section 2-112. A caterer license shall author ize the holder
thereof to sell mixed beverages for on -premises consumption
incidental to the sale or distribution of food at particular
functions, occasions or events which are temporary in nature or at
event venues. A caterer license shall not be issued in lieu of a
mixed beverage license. A caterer license sha ll only be issued in
counties of this state where the sale of alcoholic beverages by the
individual drink for on -premises consumption has been authorized. A
separate license shall be required for each place of business.
SECTION 5. AMENDATORY 37A O.S. 2021, Section 2-113, as
amended by Section 1, Chapter 42, O.S.L. 2023 (37A O.S. Supp. 2023,
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, de livery or distribution of
alcoholic beverages incidental to the sale or distribution of food
on a premises not license d by the ABLE Commission or on the premises
of holders of an event venue licens e. 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
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total combined annual sales. A caterer license shall not be issued
to a person whose main purpose is the sale of alcoholic beverages.
2. A caterer license may only be issued to those persons that
prepare, sell and distribute food for consumption either on licensed
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, sel l and
distribute food at every catered event as long as the caterer
satisfies the requirement set forth in this section.
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 submit ted thirty (30) days prior to expiration of the
caterer license on forms prescribed by the ABLE Commission. The
caterer license may not be renewed if the caterer fails to provi de
complete or sufficient financial data.
4. Each caterer shall submit a monthly event report containing
information on all events schedu led for the subsequent month. If an
event is scheduled after the first day of the month for an event to
occur in the same month, then the caterer shall report that event
within twenty-four (24) hours of scheduling the event or within
twenty-four (24) hours prior to the event, whichever occurs first.
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The monthly event report shall be submitted on the first day of each
month.
5. All reports shall be submitted electronically on forms
prescribed by the ABLE Commission. Provided, if the caterer does
not have access to the Internet, then monthly reports must be
submitted by facsimile to the ABLE Commission’s office in Oklaho ma
City, in which case the caterer must retain 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 automatically suspended until such time that the
caterer has fully complied with all reporting requirements. Any
caterer whose annual food sales do not exceed thirty -five percent
(35%) of his or her total annual combined sales shall not have the
caterer’s license renewed.
B. The ABLE Commission shall p romulgate rules governing the
application for and the issuance of caterer licen ses.
C. The restrictions and rules 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 cater er license. Any act which if
done on the premises of a mixed beverage licensee would be a ground
for revocation or suspension of the mixe d beverage license is a
ground for revocation or suspension of a caterer license.
D. If the premises where the event being catered is held are
already operating pursuant to another type of license issued by the
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ABLE Commission, the caterer and the other licensee shall both be
responsible for the actions of the caterer and shall both be subject
to penalties for violations by the caterer of the Oklahoma Alcoholic
Beverage Control Act and any rules promulgated thereto. This
subsection shall not apply to the holder of an event license.
E. A caterer licensee may not store alcoholic beverages unless
the licensee has a storage license issued by the ABLE Commission. A
caterer licensee selling beer and ci der to consumers shall only
purchase such beer and cider from the distributor 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 an on -premises beer and
wine license, mixed beverage/caterer combination license, or mixed
beverage license, provided the following terms have been sa tisfied:
1. The caterer shall take reasonable steps to ensure that the
on-premises beer and wine applicant, mixed beverage/caterer
combination applicant, or mixed beverage applicant uses only
licensed employees to perform licensable activities while using the
caterer’s license. The caterer shall 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 li censed employee on-
site. The caterer expressly acknowledges that he or she is liable
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for all violations of the Oklahoma Alcoholic Beverage Control Act
and rules of the ABLE Commission that are committed by the on -
premises beer and wine applicant, the mixe d beverage/caterer
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 Commission a written agreement
setting forth all the ter ms of the catering agreement at least
twenty-four (24) hours prior to the commencement of the catered
event; and
3. The caterer may not provide alcoholic 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 after the applicant’s
license has been denied, whichever occurs first.
G. A caterer may provide alcoholic beverage 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.
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I. A caterer or a licensed bartender shall not sell or
distribute alcoholic beverages on the premises of an event venue as
defined in Section 1 -103 of this title un less the event venue holds
an event venue license pursuant to Section 6 of this act or is not
required to hold an event venue license pursuant to this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 5-163 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. An event venue license shall authorize the holder to operate
a space as defined in Section 1 -103 of Title 37A of the Oklahoma
Statutes and provide alcoholic beverage services during events
hosted on the licensed premises.
B. An event venue shall dis play all licenses issued by the A BLE
Commission in a conspicuous place at all tim es on the licensed
premises.
C. An event venue, as defined in Section 1 -103 of Title 37A of
the Oklahoma Statutes, which does not permit alcoholic beverages on
its premises, which already holds a mixed beverag e license, on-
premises beer and wine license, small brewer license, brewpub
license, winemaker license, small farm winery license, which is the
site of an event for the holder of a public event, special event,
charitable event license, or has a contract with a caterer or
caterers that are already hold ers of a mixed beverage /caterer
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combination license, shall not be required to obtain an even t venue
license pursuant to this section.
D. The ABLE Commission shall promulgate rules necessary for t he
implementation of this section.
SECTION 7. This act shall become effective November 1, 2024.
59-2-2901 MR 1/17/2024 4:08:00 PM