Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB2001 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 2001 By: Coleman of the Senate
7	37
8	38		and
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10	40		Hays of the House
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15	47		An Act relating to alcoholic beverages; amending 37A
16	48		O.S. 2021, Section 1-103, as amended by Section 2,
17	49		Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
18	50		Section 1-103), which relates to definitions;
19	51		defining term; amending 37A O.S. 2021, Section 2 -109,
20	52		which relates to retail spirits license; permitting
21	53		an employee to sample alcoholic beverages under
22	54		certain circumstances; specifying amount to be used
23	55		in tastings; providing for procedure of tastings that
24	56		shall occur; allowing for certain resealing and
25	57		storing; exempting samples from certain excise tax
26	58		provisions; amending 37A O.S. 2021, Section 5 -132, as
27	59		amended by Section 4, Chapter 94, O.S.L. 2023 (37A
28	60		O.S. Supp. 2023, Section 5-132), which relates to
29	61		brand label requirements; requiring lower annual fee
30	62		for certain brand label under certain circumstances;
31	63		amending 37A O.S. 2021, Section 6 -105, as amended by
32	64		Section 2, Chapter 82, O.S.L. 2022 (37A O.S. Supp.
33	65		2023, Section 6-105), which relates to prohibited
34	66		acts of mixed beverage, public event, special event,
35	67		or on-premises beer and wine licensees; providing
36	68		exception; amending 37A O.S. 2021, Section 6 -109,
37	69		which relates to prohibited acts; permitting an
38	70		employee to sample alcoholic beverages under certain
39	71		circumstances; specifying amount to be used in
40	72		tastings; providing for procedure of tastings that
41	73		shall occur; allowing for certain resealing and
42	74		storing; exempting samples from certain excise tax
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43	102		provisions; updating sta tutory language; updating
44	103		statutory reference; and declaring an emergency.
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47	106
48		-	ENR. S. B. NO. 2001 Page 2
49		-
50		-
51		-	SUBJECT: Alcoholic beverage testing
52	107
53	108		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54		-
55	109		SECTION 1. AMENDATORY 37A O.S. 2021, Section 1 -103, as
56	110		amended by Section 2, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
57	111		Section 1-103), is amended to read as follows:
58		-
59	112		Section 1-103. As used in the Oklahoma Alcoholic Beverage
60	113		Control Act:
61		-
62	114		1. “ABLE Commission” or “Commission” means the Alcoholic
63	115		Beverage Laws Enforcement Commission;
64		-
65	116		2. “Alcohol” means and includes hydrated oxide of ethyl, ethyl
66	117		alcohol, ethanol or spir its of wine, from whatever source or by
67	118		whatever process produced. It does not include wood alcohol or
68	119		alcohol which has been denatured or produced as denatured in
69	120		accordance with Acts of Congress and regulations promulgated
70	121		thereunder;
71		-
72	122		3. “Alcoholic beverage” means alcohol, spirits, beer and wine
73	123		as those terms are defined her ein and also includes every liquid or
74	124		solid, patented or not, containing alcohol, spirits, wine or beer
75	125		and capable of being consumed as a beverage by human beings;
76		-
77	126		4. “Applicant” means any individual, legal or commercial
78	127		business entity, or any individua l involved in any legal or
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79	155		commercial business entity allowed to hold any license issued in
80	156		accordance with the Oklahoma Alcoholic Beverage Control Act;
81		-
82	157		5. “Beer” means any beverage containing more than one -half of
83	158		one percent (0.50%) of alcohol by volume and obtained by the
84	159		alcoholic fermentation of an infusion or decoction of barley, or
85	160		other grain, sugar, m alt or similar products. For the purposes of
86	161		taxation, distribution, sale s, and regulation, seltzer shall mean
87	162		the same as beer as provided in this section. Beer may or may not
88	163		contain hops or other vegetable products. Beer includes, among
89	164		other things, beer, ale, stout, lager beer, porter, seltzer, and
90		-
91		-	ENR. S. B. NO. 2001 Page 3
92	165		other malt or brewed liquors, but does not include sake, known as
93	166		Japanese rice wine;
94		-
95	167		6. “Beer keg” means any brewer -sealed, single container that
96	168		contains not less than four (4) gallons of beer;
97		-
98	169		7. “Beer distributor” means and includes any person licensed to
99	170		distribute beer for retail sale in the this state, but does not
100	171		include a holder of a small brewer self-distribution license or
101	172		brewpub self-distribution license. The term distributor, as used in
102	173		the Oklahoma Alcoholic Beverage Control Act, shall be construed to
103	174		refer to a beer distributor;
104		-
105	175		8. “Bottle club” means any establishment in a county which has
106	176		not authorized the retail sale of alcoholic beverages by the
107	177		individual drink, which is required to be licensed to keep, mix and
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108	205		serve alcoholic beverages belonging to clu b members on club
109	206		premises;
110		-
111	207		9. “Bottle service” means the sale and provisi on of spirits in
112	208		their original packages by a mixed beverage licensee to be consumed
113	209		in that mixed beverage licensee’s club suite;
114		-
115	210		10. “Brand” means any word, name, group of letters, symbol or
116	211		combination thereof, that is adopted and used by a licensed br ewer
117	212		to identify a specific beer, wine or spirit and to distinguish that
118	213		product from another beer, wine or spirit;
119		-
120	214		11. “Brand extension” means:
121		-
122	215		a. after October 1, 2018, any brand of beer or cider
123	216		introduced by a manufacturer in this state which
124	217		either:
125		-
126	218		(1) incorporates all or a substantial part of the
127	219		unique features of a preexisting brand of the
128	220		same licensed brewer, or
129		-
130	221		(2) relies to a significant extent on the goodwill
131	222		associated with the preexisting brand, or
132		-
133		-
134		-	ENR. S. B. NO. 2001 Page 4
135	223		b. any brand of beer that a brewer, the ma jority of whose
136	224		total volume of all brands of beer distributed in this
137	225		state by such brewer on January 1, 2 016, was
138	226		distributed as low-point beer, desires to sell,
139	227		introduces, begins selling or theretofore has sold and
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140	255		desires to continue selling a strong beer in this
141	256		state which either:
142		-
143	257		(1) incorporates or incorporated all or a substantial
144	258		part of the unique f eatures of a preexisting low -
145	259		point beer brand of the same licensed brewer, or
146		-
147	260		(2) relies or relied to a significant extent on the
148	261		goodwill associated with a preexisting low -point
149	262		beer brand;
150		-
151	263		12. “Brewer” means and includes any person who manufactures for
152	264		human consumption by the use of raw materials or other ingredients
153	265		any beer or cider upon which a license fee and a tax are imposed by
154	266		any law of this state;
155		-
156	267		13. “Brewpub” means a licensed establishment operated on the
157	268		premises of, or on premises located contiguous to, a small brewer,
158	269		that prepares and serves food and beverages, including alcoholic
159	270		beverages, for on-premises consumption;
160		-
161	271		14. “Cider” means any alcoholic beverage obtained by the
162	272		alcoholic fermentation of fruit juice, including but not limit ed to
163	273		flavored, sparkling or carbonated cider. For the purposes of the
164	274		manufacture of this product, cider may be manufactured by either
165	275		manufacturers or brewers. For the purposes of the distribution of
166	276		this product, cider may be distributed by either win e and spirits
167	277		wholesalers or beer distributors;
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169	305		15. “Club suite” means a designated area within the premises of
170	306		a mixed beverage licensee designed t o provide an exclusive space
171	307		which is limited to a patron or patrons specifically granted access
172	308		by a mixed beverage licensee and is not accessible to other patrons
173	309		of the mixed beverage licensee or the public. A club suite must
174	310		have a clearly designated point of access for a patron or patrons
175	311		specifically granted access by the mixed beverage licensee to ensur e
176	312		that persons present in the suite are limited to patrons
177		-
178		-	ENR. S. B. NO. 2001 Page 5
179	313		specifically granted access by the mixed beverage licensee and
180	314		employees providing service s to the club suite;
181		-
182	315		16. “Convenience store” means any person primarily engaged in
183	316		retailing a limited ran ge of general household items and groceries,
184	317		with extended hours of operat ion, whether or not engaged in retail
185	318		sales of automotive fuels in combinat ion with such sales;
186		-
187	319		17. “Convicted” and “conviction” mean and include a finding of
188	320		guilt resulting from a plea of guilty or nolo contendere, the
189	321		decision of a court or magistrate or the verdict of a jury,
190	322		irrespective of the pronouncement of judgment or the suspension
191	323		thereof;
192		-
193	324		18. “Designated products” means the brands of wine or spirits
194	325		offered for sale by a manufacturer that the manufacturer has
195	326		assigned to a designated wholesal er for exclusive distribution;
196	327
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197	354		19. “Designated wholesaler” means a wine an d spirits wholesaler
198	355		who has been selected by a manufacturer as a wholesaler appointed to
199	356		distribute designated products;
200		-
201	357		20. “Director” means the Director of the ABLE Commission;
202		-
203	358		21. “Distiller” means any person who produces spirits from any
204	359		source or substance, or any person who brews or makes mash, wort or
205	360		wash, fit for distillation or for the production o f spirits (except
206	361		a person making or using such material in the authorized production
207	362		of wine or beer, or the production of vinegar by fermentation), or
208	363		any person who by any process separates alcoholic spirits from any
209	364		fermented substance, or any person w ho, making or keeping mash, wort
210	365		or wash, has also in his or her possession or use a still;
211		-
212	366		22. “Distributor agreement” means the written agreement between
213	367		the distributor and brewer as set forth in Section 3 -108 of this
214	368		title;
215		-
216	369		23. “Drug store” means a p erson primarily engaged in retailing
217	370		prescription and nonprescription drug s and medicines;
218		-
219		-
220		-	ENR. S. B. NO. 2001 Page 6
221	371		24. “Dual-strength beer” means a brand of beer that,
222	372		immediately prior to April 15, 2017, was being sold and distributed
223	373		in this state:
224		-
225	374		a. as a low-point beer pursuant to the Low-Point Beer
226	375		Distribution Act in effect immediately prior to
227	376		October 1, 2018, and
228	377
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229	404		b. as strong beer pursuant to the Alcoholic Beverage
230	405		Control Act in effect immediately prior to October 1,
231	406		2018,
232		-
233	407		and continues to be sold and distributed as such on October 1, 2018.
234	408		Dual-strength beer does not include a brand of beer that arose as a
235	409		result of a brand extension as defined in this section;
236		-
237	410		25. “Fair market value” means the value in the subject
238	411		territory covered by the written agreement with the di stributor or
239	412		wholesaler that would be determined in an arm’s length transaction
240	413		entered into without duress or threat of termination of the
241	414		distributor’s or wholesaler’s rights and shall include all elements
242	415		of value, including goodwill and going -concern value;
243		-
244	416		26. “Good cause” means:
245		-
246	417		a. failure by the distributor to comply wit h the material
247	418		and reasonable provisions of a written agreement or
248	419		understanding with the brewer, or
249		-
250	420		b. failure by the distributor to comply with the duty of
251	421		good faith;
252		-
253	422		27. “Good faith” means the duty of each party to any
254	423		distributor agreement and all officers, employees or agents thereof
255	424		to act with honesty in fact and within reasonable standards of fair
256	425		dealing in the trade;
257		-
258	426		28. “Grocery store” means a person primarily engaged in
259	427		retailing a general line of food, such as canned or frozen foods,
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260	455		fresh fruits and vegetables, and fresh and prepared meats, fish and
261	456		poultry;
262		-
263		-
264		-	ENR. S. B. NO. 2001 Page 7
265	457		29. “Hotel” or “motel” means an establishment which is licensed
266	458		to sell alcoholic beverages by the individual d rink and which
267	459		contains guestroom guest room accommodations with respect to which
268	460		the predominant relationship existing between the occupants thereof
269	461		and the owner or operator of the establishment is that of innkeeper
270	462		and guest. For purposes of this secti on, the existence of other
271	463		legal relationships as between some occupants a nd the owner or
272	464		operator thereof shall be immaterial;
273		-
274	465		30. “Legal newspaper ” means a newspaper meeting the requisites
275	466		of a newspaper for publication of legal notices as prescribed in
276	467		Sections 101 through 114 of Title 25 of the Oklahoma Statutes;
277		-
278	468		31. “Licensee” means any person holding a license under the
279	469		Oklahoma Alcoholic Bever age Control Act, and any agent, servant or
280	470		employee of such licensee while in the performance of any act or
281	471		duty in connection with the licensed business or on the licensed
282	472		premises;
283		-
284	473		32. “Low-point beer” shall mean any beverages containing more
285	474		than one-half of one percent (1/2 of 1%) alcohol by volume, and not
286	475		more than three and two -tenths percent (3.2%) alc ohol by weight,
287	476		including but not limited to , beer or cereal malt beverages obtained
288	477		by the alcoholic fermentation of an infusion by barley or other
289	478		grain, malt or similar products;
290	479
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291	506		33. “Manufacturer” means a distiller, winemaker, rectifier or
292	507		bottler of any alcoholic beverage (other than beer) and its
293	508		subsidiaries, affiliates and parent companies;
294		-
295	509		34. “Manufacturer’s agent” means a salaried or commi ssioned
296	510		salesperson who is the agent authorized to act on behalf of the
297	511		manufacturer or nonresident seller in the this state;
298		-
299	512		35. “Meals” means foods commonly ordered at lunch or dinner and
300	513		at least part of which is cooked on the licensed premises and
301	514		requires the use of dining implements for consumption. Provided,
302	515		that the service of only food such as appeti zers, sandwiches, salads
303	516		or desserts shall not be considered meals;
304		-
305		-
306		-	ENR. S. B. NO. 2001 Page 8
307	517		36. “Mini-bar” means a closed container, either refrigerated in
308	518		whole or in part, or nonrefrigerated unrefrigerated, and access to
309	519		the interior of which is:
310		-
311	520		a. restricted by means of a lo cking device which requires
312	521		the use of a key, magnetic card or similar device, or
313		-
314	522		b. controlled at all times by the licensee;
315		-
316	523		37. “Mixed beverage co oler” means any beverage, by whatever
317	524		name designated, consisting of an alcoholic beverage and fruit or
318	525		vegetable juice, fruit or vegetable flavorings, dairy products or
319	526		carbonated water containing more than one -half of one percent (1/2
320	527		of 1%) of alcohol measured by volume but not more than seven percent
321	528		(7%) alcohol by volume at sixty (60) degrees Fahrenheit a nd which is
322	529		packaged in a container not larger than three hundred seventy -five
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323	557		(375) milliliters. Such term shall include but not be limited to
324	558		the beverage popularly known as a “wine cooler”;
325		-
326	559		38. “Mixed beverages” means one or more servings of a beverag e
327	560		composed in whole or in part of an alcoholic beverage in a sealed or
328	561		unsealed container of any legal size for consumption on the premises
329	562		where served or sold by the holder of a mixed beverage, beer and
330	563		wine, caterer, public event, charitable event or sp ecial event
331	564		license;
332		-
333	565		39. “Motion picture theater” means an establishment which is
334	566		licensed by Section 2 -110 of this title to sell alcoholic beverage s
335	567		by the individual drink and where motion pictures are exhibited, and
336	568		to which the general public is admit ted;
337		-
338	569		40. “Nondesignated products” means the brands of wine or
339	570		spirits offered for sale by a manufacturer that have not been
340	571		assigned to a designated wholesaler;
341		-
342	572		41. “Nonresident seller” means any person licensed pursuant to
343	573		Section 2-135 of this title;
344		-
345	574		42. “Retail salesperson” means a salesperson soliciting orders
346	575		from and calling upon retail alcoholic beverage stores with regard
347	576		to his or her product;
348		-
349		-
350		-	ENR. S. B. NO. 2001 Page 9
351	577		43. “Occupation” as used in connection with “occupation tax”
352	578		means the sites occupied as the places of business of the
353	579		manufacturers, brewers, wholesalers, beer distributors, r etailers,
	580	+
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354	607		mixed beverage licensees, on -premises beer and wine licensees,
355	608		bottle clubs, caterers, public event and special event licensees;
356		-
357	609		44. “Original package” means any container of alcoholic
358	610		beverage filled and stamped or sealed by the manufacturer or brewer;
359		-
360	611		45. “Package store” means any sole proprietor or partnership
361	612		that qualifies to sell wine, beer and/or spirits for off -premises
362	613		consumption and that is not a grocery store, convenience store or
363	614		drug store, or other retail outlet that is not permit ted to sell
364	615		wine or beer for off -premises consumption;
365		-
366	616		46. “Patron” means any person, customer or visitor who is not
367	617		employed by a licensee or who is not a licensee;
368		-
369	618		47. “Person” means an individual, any type of partnership,
370	619		corporation, association, limited liability company or any
371	620		individual involved in the legal structure of any such business
372	621		entity;
373		-
374	622		48. “Premises” means the grounds and all buildings and
375	623		appurtenances pertaining to the grounds including any adjacent
376	624		premises if under the direct or ind irect control of the licensee and
377	625		the rooms and equipment under the control of the licensee and used
378	626		in connection with or in furtherance of the business covered by a
379	627		license. Provided, that the ABLE Commission shall have the
380	628		authority to designate areas to be excluded from the licensed
381	629		premises solely for the purpose of:
382	630
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383	657		a. allowing the presence and consumption of alcoholic
384	658		beverages by private parties which are closed to the
385	659		general public, or
386		-
387	660		b. allowing the services of a caterer serving alcoholic
388	661		beverages provided by a private party.
389		-
390	662		This exception shall in no way limit the licensee’s concurrent
391	663		responsibility for any violations of the Oklahoma Alcoholic Beverage
392	664		Control Act occurring on the licensed premises;
393		-
394		-	ENR. S. B. NO. 2001 Page 10
395		-
396	665		49. “Private event” means a social gathering or event attended
397	666		by invited guests who share a common cause, membershi p, business or
398	667		task and have a prior established relationship. For purposes of
399	668		this definition, advertisem ent for general public attendance or
400	669		sales of tickets to the general publi c shall not constitute a
401	670		private event;
402		-
403	671		50. “Public event” means any event that can be attended by the
404	672		general public;
405		-
406	673		51. “Rectifier” means any person who rectifies, purifies or
407	674		refines spirits or wines by any process (other than by original and
408	675		continuous distillation, or original and continuous processing, from
409	676		mash, wort, wash or other substance, through continuous closed
410	677		vessels and pipes, until the production thereof is comple te), and
411	678		any person who, without rectifying, purifying or refining spirits ,
412	679		shall by mixing (except for immediate consumption on the premises
413	680		where mixed) such spirits, wine or other liquor with any material,
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414	708		manufactures any spurious, imitation or compoun d liquors for sale,
415	709		under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
416	710		or any other name;
417		-
418	711		52. “Regulation” or “rule” means a forma l rule of general
419	712		application promulgated by the ABLE Commission as herein required;
420		-
421	713		53. “Restaurant” mean s an establishment that is licensed to
422	714		sell alcoholic beverages by the ind ividual drink for on -premises
423	715		consumption and where food is prepared and so ld for immediate
424	716		consumption on the premises;
425		-
426	717		54. “Retail container for spirits and wines” means an origin al
427	718		package of any capacity approved by the United States Bureau of
428	719		Alcohol, Tobacco, Firearms and Explosives;
429		-
430	720		55. “Retailer” means a package store, grocery store,
431	721		convenience store or drug store licensed to sell alcoholic beverages
432	722		for off-premises consumption pursuant to a Retail Spirits License
433	723		retail spirits license , Retail Wine License retail wine license or
434	724		Retail Beer License retail beer license;
435		-
436		-
437		-	ENR. S. B. NO. 2001 Page 11
438	725		56. “Sale” means any transfer, exchange or barter in any manner
439	726		or by any means whatsoever, and includes and means all sales made by
440	727		any person, whether as principal, proprietor or as an agent, servant
441	728		or employee. The term sale is also declared to be and include the
442	729		use or consumption in this state of any alcoholic beverage obtained
443	730		within or imported from without this state, upon which the excise
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444	758		tax levied by the Oklahoma Alco holic Beverage Control Act has not
445	759		been paid or exempted;
446		-
447	760		57. “Seltzer” means any beverage containing more than one -half
448	761		of one percent (0.50%) of alcohol by volume and obtained by the
449	762		alcoholic fermentation of malt, rice, grain of any kind, bran,
450	763		glucose, sugar, or molasses and combined with carbonated water and
451	764		other flavoring and labeled as “beer” by the Internal Revenue Code;
452	765		provided, that seltzer shall not include carbonated be verages mixed
453	766		with wine or spirits;
454		-
455	767		58. “Short-order food” means food oth er than full meals
456	768		including but not limited to sandwiches, soups and salad s.
457	769		Provided, that popcorn, chips and other similar snack food shall not
458	770		be considered short-order food;
459		-
460	771		59. “Small brewer” means a brewer who manufactures less than
461	772		sixty-five thousand (65,000) barrels of beer annually pursuant to a
462	773		validly issued Small Brewer License small brewer license hereunder;
463		-
464	774		60. “Small farm wine” means a wine that is produced by a sm all
465	775		farm winery with seventy -five percent (75%) or more Oklahoma -grown
466	776		grapes, berries, other fruits, honey or vegetables;
467		-
468	777		61. “Small farm winery” m eans a wine-making establishment that
469	778		does not annually produce for sale more than fifteen thousand
470	779		(15,000) gallons of wine as reported on the United States Department
471	780		of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of
472	781		Wine Premises Operations (TTB Form 5120.17);
473	782
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474	809		62. “Sparkling wine” means champagne or any artificially
475	810		carbonated wine;
476		-
477	811		63. “Special event” means an entertainment, recreation or
478	812		marketing event that occurs at a single location on an irregular
479	813		basis and at which alcoholic be verages are sold;
480		-
481		-	ENR. S. B. NO. 2001 Page 12
482		-
483	814		64. “Spirits” means any beverage other than wine or beer, which
484	815		contains more than one -half of one percent (1/2 of 1%) alcohol
485	816		measured by volume, and obtained by distillation, whether or not
486	817		mixed with other substances in solution and i ncludes those products
487	818		known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and
488	819		fortified wines and similar compounds, but shall not include any
489	820		alcohol liquid completely d enatured in accordance with the Acts of
490	821		Congress and regulations pursuant t hereto;
491		-
492	822		65. “Strong beer” means beer which, prior to October 1, 2018,
493	823		was distributed pursuant to the Okla homa Alcoholic Beverage Control
494	824		Act, Section 1-101 et seq. of this title;
495		-
496	825		66. “Successor brewer” means a primary source of supply, a
497	826		brewer, a cider manufacturer or an importer that acquires rights to
498	827		a beer or cider brand from a predecessor brewer;
499		-
500	828		67. “Tax Commission” means the Oklahoma Tax Commission;
501		-
502	829		68. “Territory” means a geographic region with a specified
503	830		boundary;
504		-
505	831		69. “Wine and spirits whol esaler” or “wine and spirits
506	832		distributor” means and includes any sole proprietorship or
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507	860		partnership licensed to distribute wine and spirits in the this
508	861		state. The term “wholesaler”, as used in the Oklahoma Alcoholic
509	862		Beverage Control Act, shall be construe d to refer to a wine and
510	863		spirits wholesaler;
511		-
512	864		70. “Wine” means and includes any beverage containing more th an
513	865		one-half of one percent (1/2 of 1%) alcohol by volume and not more
514	866		than twenty-four percent (24%) alcohol by volume at sixty (60)
515	867		degrees Fahrenheit obtained by the fermentation of the natural
516	868		contents of fruits, vegetables, honey, milk or other product s
517	869		containing sugar, whether or not other ingredients are added, and
518	870		includes vermouth and sake, known as Japanese rice wine;
519		-
520	871		71. “Winemaker” means a nd includes any person or establishment
521	872		who manufactures for human consumption any wine upon which a licens e
522	873		fee and a tax are imposed by any law of this state; and
523		-
524		-
525		-	ENR. S. B. NO. 2001 Page 13
526	874		72. “Satellite tasting room” means a licensed establishment
527	875		operated off the licensed prem ises of the holder of a small farm
528	876		winery or winemaker license, which serves wine for on -premises or
529	877		off-premises consumption; and
530		-
531	878		73. “Straw testing” means the consumption of a de minimis
532	879		amount of an alcoholic beverage by sanitary means by the holder of
533	880		an employee license, twenty -one (21) years of age or older, to
534	881		determine the quality or desired flavor pro file of such alcoholic
535	882		beverage that has been serviced, or is to be served , to a patron.
536	883
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537	910		Words in the plural include the singular, and vice versa, an d
538	911		words imparting the masculine gender include the feminine, as well
539	912		as persons and licensees as defined in this section.
540		-
541	913		SECTION 2. AMENDATORY 37A O.S. 2021, Section 2 -109, is
542	914		amended to read as follows:
543		-
544	915		Section 2-109. A. A retail spirits license shall authorize the
545	916		holder thereof:
546		-
547	917		1. To purchase wine or spirits from a wine and spi rits
548	918		wholesaler;
549		-
550	919		2. To purchase beer from a beer distributor or from the holder
551	920		of a small brewer self -distribution license;
552		-
553	921		3. To sell same on the licensed premises in such containers to
554	922		consumers for off-premises consumption only and not for resale;
555	923		provided, spirits, wine and beer may be sold to charitable
556	924		organizations that are holders of charitable alcoholic beverage
557	925		auction or charitable alcoho lic beverage event licenses; and
558		-
559	926		4. To host alcoholic beverage tastings consistent with
560	927		subsections D and E of this section.
561		-
562	928		B. A retail wine license shall authorize the holder th ereof:
563		-
564	929		1. To purchase wine from a wine and spirits wholesaler;
565		-
566		-
567		-	ENR. S. B. NO. 2001 Page 14
568	930		2. To purchase wine from a small farm winemaker who is
569	931		permitted and has elected to self -distribute as provided in Ar ticle
570	932		XXVIII-A of the Oklahoma Constitution;
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571	959
572	960		3. To sell same on the licensed premises in such containers to
573	961		consumers for off-premises consumption o nly and not for resale;
574	962		provided, wine may be sold to charitable organizations that are
575	963		holders of charitable alcoholic beverage auction or charitable
576	964		alcoholic beverage event licen ses; and
577		-
578	965		4. To host an alcoholic beverage tasting, consistent with
579	966		subsections D and E of this section.
580		-
581	967		Provided, no holder of a retail wine license may sell wine with
582	968		alcohol beverage volume in excess of fifteen percent (15%).
583		-
584	969		C. A retail beer license shall authorize the holder thereof:
585		-
586	970		1. To purchase beer from a beer distrib utor;
587		-
588	971		2. To purchase beer from the holder of a small brewer self -
589	972		distribution license;
590		-
591	973		3. To sell same on the licensed premises in such containers to
592	974		consumers for off-premises consumption only and not for resale;
593	975		provided, beer may be sold to charitable organizations that are
594	976		holders of charitable alcoholic beverage auction or charitable
595	977		alcoholic beverage e vent licenses; and
596		-
597	978		4. To host alcoholic beverage tastings consistent with
598	979		subsections D and E of this section.
599		-
600	980		Provided, no holder of a retail beer license may sell a malt
601	981		beverage with alcohol beverage volume in excess of fifteen percent
602	982		(15%).
	983	+	D. All tastings conducted under this section shall:
603	984
604		-	D. All tastings conducted under this section shall:
	985	+	SB2001 HFLR Page 20
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605	1010
606	1011		1. Be conducted under the dir ect supervision of the licensee
607	1012		authorized to host the tasting;
608		-
609		-
610		-	ENR. S. B. NO. 2001 Page 15
611	1013		2. Be poured by any ABLE Commission licensee lawfully permitted
612	1014		to serve alcoholic beverages, provided no wine or spi rits
613	1015		wholesaler, beer distributor or employee of a wine or spirits
614	1016		wholesaler or beer distributor shall be allowed to pour samples for
615	1017		tastings;
616		-
617	1018		3. Use alcoholic beverages purchased by the licensee authorized
618	1019		to host the tastings from a licensed wine and spirits wholesaler,
619	1020		beer distributor, self -distributor, small brewer or se lf-
620	1021		distributing winery authorized to sell the same, and the licensee
621	1022		shall pay the applicable taxes on the alcoholic beverages purchased;
622	1023		provided, the licensee may only provide samp les of alcoholic
623	1024		beverages that its license is authorized to sell;
624		-
625	1025		4. Be restricted to persons twenty -one (21) years of age or
626	1026		older;
627		-
628	1027		5. Be limited to no more than one (1) fluid ounce of spirits,
629	1028		two (2) fluid ounces of wine or three (3) fluid ounces of beer per
630	1029		consumer per day; and
631		-
632	1030		6. Be consumed on the licensed premises of the licensee
633	1031		authorized to host the tastings or at a location other than t he
634	1032		licensed premises, provided no samples served on the licensed
635	1033		premises shall be permitted to be removed from the licensed
636	1034		premises.
637	1035
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638	1062		E. All licensees authorized to serve samples pursuant to
639	1063		subsection D of this section shall ensure that:
640		-
641	1064		1. All samples are poured only from original sealed packaging;
642		-
643	1065		2. Any alcoholic beverages remaining in unsealed packagin g used
644	1066		to provide samples, excluding spirits, are poured out by the end of
645	1067		the day;
646		-
647	1068		3. No more than six (6) bottles of alcoholic beverages are
648	1069		unsealed at any given time; and
649		-
650	1070		4. No person shall remove any samples from the licensed
651	1071		premises or location wh ere the tasting has occurred.
652		-
653		-
654		-	ENR. S. B. NO. 2001 Page 16
655	1072		F. 1. Retail spirits, retail wine, and retail beer licensees
656	1073		shall be authorized to host educational alcoholic bevera ge training,
657	1074		which includes tastings, for employees who are licensed to sell such
658	1075		beverages on the licensed premises in such containers to consumers
659	1076		for off-premises consumption onl y. Alcoholic beverages for training
660	1077		purposes may be provided by wine and s pirits wholesaler licensees
661	1078		and beer distributor licensees.
662		-
663	1079		2. All such tastings shall be consumed on lice nsed premises of
664	1080		the licensee authorized to host the tastings or at a location other
665	1081		than the licensed premises, and under the direct supervision of the
666	1082		licensee. Samples shall be poured by a licensee who is lawfully
667	1083		permitted to serve alcoholic beverages on the licensed premises in
668	1084		such containers to consumers for off -premises consumption only in
669	1085		this state. Tastings shall be restricted to employees who are
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670	1113		twenty-one (21) years of age or older. Participation in tastings
671	1114		for educational purposes may be required by an employer; however,
672	1115		the choice to taste or consume alcoholic beverages shall always be
673	1116		voluntary. No employee may be required to taste or consume alcohol
674	1117		at tastings as a condition of employment.
675		-
676	1118		3. An educational tasting of beer may consis t of not more than
677	1119		six separate individual beers of not more than two (2) ounces each,
678	1120		served together at one time. No employee may sample more than a
679	1121		total of twelve (12) fluid ounces of beer per day. An educational
680	1122		tasting of wine may consist of not mo re than six separate individual
681	1123		wines of not more than one (1) ounce each, served together at one
682	1124		time. No employee may sample more than a total of six (6) fluid
683	1125		ounces of wine per day. An educational tasting of spirits shall
684	1126		consist of not more than thr ee separate individual spirits of not
685	1127		more than one-half (0.5) ounce each, served together at one time.
686	1128		No employee may sample more than a total of one and one-half (1.5)
687	1129		fluid ounces of spirits per day. No employee may sample more than a
688	1130		total of twelve (12) ounces of beer, six (6) ounces of wine, or one
689	1131		and one-half (1.5) ounces of spirits per day. Only one type of
690	1132		alcoholic beverage of beer, wine , or spirits shall be allowed at any
691	1133		education training tasting. No combination tasting shall be
692	1134		allowed. Employees who choose to taste an alcoholic beverage but do
693	1135		not wish to consume the alcoholic beverage shall be allowed to spit
694	1136		the beverage into a c up for disposal. Employees may participate in
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695	1164		educational tastings before, during, or after regular busine ss hours
696	1165		unless otherwise prohibited by law. All licensees serving samples
697		-
698		-	ENR. S. B. NO. 2001 Page 17
699	1166		of beer shall ensure that all samples are poured only from original
700	1167		sealed packaging and any alcoholic beverages remaining in unsealed
701	1168		packaging used to provide samples, excluding spirits and wine, are
702	1169		poured out by the end of the day. No more than six bottles of
703	1170		alcoholic beverages may be unsealed at any given time during a
704	1171		tasting. All packaging containing samples of wine and spirits shall
705	1172		be clearly marked as a sample and any u nused portions of the sample
706	1173		of wine or spirits shall be resealed and retained by the wine and
707	1174		spirits wholesaler for use at the next tasting authori zed in this
708	1175		paragraph. Wine and spirits wholesaler employees may transport any
709	1176		resealed samples of wine an d spirits in their vehicles. Beer, wine,
710	1177		and spirits samples shall not be considered withdrawn from the
711	1178		inventory of the beer distributor or wine an d spirits wholesaler for
712	1179		purposes of the collection of the excise tax on beer, wine, and
713	1180		spirits. Tastings offered to licensees by wine and spirits
714	1181		wholesalers and beer distributors shall not be deemed discrimination
715	1182		or an inducement under Section 3 -123 of this title.
716		-
717	1183		SECTION 3. AMENDATORY 37A O.S. 2021, Section 5 -132, as
718	1184		amended by Section 4, Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2023,
719	1185		Section 5-132), is amended to read as follows:
720		-
721	1186		Section 5-132. A. Except as provided in subs ection D of this
722	1187		section, no alcoholic beverage shall be labeled, offered or
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723	1215		advertised for sale in this st ate unless in accordance with rules
724	1216		promulgated pursuant to the provisions of Section 5 -130 of this
725	1217		title and unless the brand label shall have been registered with and
726	1218		approved by the ABLE Commission and the appropriate fee paid as
727	1219		provided for in this se ction.
728		-
729	1220		B. An application for registration of a brand label shall be
730	1221		filed by and fees paid by the manufacturer or brewer, winemaker,
731	1222		distiller or nonresident seller of the brand. Licensees, other than
732	1223		the foregoing applicants, shall not be required to ve rify
733	1224		registration to the ABLE Commission and shall not be penalized for
734	1225		any applicant’s failure to register its brand label in accordance
735	1226		with this section. Cordials and wines which differ only as to age
736	1227		or vintage year, as defined by such rules, shall be considered the
737	1228		same brand, and those that differ as to type or class may be
738	1229		considered the same brand by the ABLE Commission where consistent
739	1230		with the purposes of this section.
740		-
741		-
742		-	ENR. S. B. NO. 2001 Page 18
743	1231		C. The application for registration of a brand label shall be
744	1232		filed on a form prescribed by the ABLE Commission, and shall contain
745	1233		such information as the ABLE Commission shall require. Such
746	1234		application shall be accompanied b y a certified check, bank
747	1235		officers’ check or draft or money order in the amount of the annual
748	1236		registration fee, or the properly prorated portion thereof
749	1237		prescribed by this section.
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750	1264
751	1265		D. 1. The annual fee for registration of any brand label for
752	1266		spirits shall be Three Hundred Seventy -five Dollars ($375.00) ,
753	1267		unless total amount of spirits made available for sale i n a single
754	1268		year does not exceed fifty -three (53) gallons, in which case the
755	1269		annual fee for registration of any brand label shall be Seventy -five
756	1270		Dollars ($75.00). The annual fee for registration of any brand
757	1271		label for beer shall be Two Hundred Dollars ($2 00.00). The annual
758	1272		fee for registration of any brand label for wine made in the United
759	1273		States, or for registration of any category of imported wine as
760	1274		defined by the Oklahoma Tax Commission, shall be Two Hundred Dollars
761	1275		($200.00). Beer manufactured in th is state shall be exempt from
762	1276		brand label registration fees.
763		-
764	1277		2. Each brand label registered and approved pursuant to this
765	1278		section shall be valid for a term of up to one (1) year, expiring on
766	1279		the June 30 next following registration, and may be renewed for
767	1280		subsequent terms of one (1) year beginning on the July 1 following
768	1281		the initial registration. Brand registration fees for labels
769	1282		registered after Jul y 1 may be prorated through the following June
770	1283		30 on a quarterly basis. The brand registration fee shall n ot be
771	1284		transferable, unless otherwise allowed by law. A nonresident seller
772	1285		who registered brands prior to May 7, 2019, may transfer brand
773	1286		registrations to the brewer or manufacturer that produces those
774	1287		brands, provided the brewer or manufacturer has obtain ed a license,
775	1288		at no expense to the nonresident seller, brewer or manufactu rer.
776	1289
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777	1316		E. If the ABLE Commission shall deny the application for
778	1317		registration of a brand label, it shall return the registration fee
779	1318		to the applicant, less twenty -five percent (25%) of such fee.
780		-
781	1319		F. The ABLE Commission may at any time exempt any discontinued
782	1320		brand from fee provisions of this section where a manufacturer,
783	1321		brewer, beer distributor or wholesaler has an inventory of one
784	1322		hundred cases or less of liquor or wine and five hundr ed cases or
785		-
786		-	ENR. S. B. NO. 2001 Page 19
787	1323		less of beer, and certifies to the ABLE Commission in writing that
788	1324		such brand is being discontinued.
789		-
790	1325		G. No private labels or control lab els shall be approved for
791	1326		sale in this state, except for charity collaboration beer as
792	1327		authorized in Sectio n 2-102.1 of this title.
793		-
794	1328		SECTION 4. AMENDATORY 37A O.S. 2021, Section 6 -105, as
795	1329		amended by Section 2, Chapter 82, O.S.L. 20 22 (37A O.S. Supp. 2023,
796	1330		Section 6-105), is amended to read as follows:
797		-
798	1331		Section 6-105. No mixed beverage, public event, special event
799	1332		or on-premises beer and wine licensee shall:
800		-
801	1333		1. Purchase or receive any alcoholic beverage other than from a
802	1334		person holding a wine and spirit spirits wholesaler or beer
803	1335		distributor license issued pursuant to the Oklahoma Alcoho lic
804	1336		Beverage Control Act; provided, a mixed beverage or on -premises beer
805	1337		and wine licensee whose premises are a restaurant may purchase wine
806	1338		produced at wineries in this state directly from a winemaker as
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807	1366		provided in Section 2 of Article XXVIIIA XXVIII-A of the Oklahoma
808	1367		Constitution;
809		-
810	1368		2. Transport alcoholic beverages from the pl ace of purchase to
811	1369		the licensed premises unless the licensee also holds a p rivate
812	1370		carrier license issued by the ABLE Commission;
813		-
814	1371		3. Use or allow the use of any mark or label on a co ntainer of
815	1372		alcoholic beverage which is kept for sale which does not clearly and
816	1373		precisely indicate the nature of the contents or which might deceive
817	1374		or conceal the nature, composition, quantity, age or quality of such
818	1375		beverage;
819		-
820	1376		4. Keep or knowingly permit any alcoholic beverage to be kept,
821	1377		brought, or consumed on the licensed p remises which is not allowed
822	1378		to be sold or served upon such premises ; provided, that the
823	1379		alcoholic beverage may be provided by a wine and spirits wholesaler,
824	1380		beer distributor, brewer , small brewer, distiller, winemaker, small
825	1381		farm winery, rectifier, manufacturer, or nonresident seller licensee
826	1382		and kept, brought, or consumed on th e licensed premises for
827	1383		educational training tasting purposes pursuant to Section 6 -109 of
828	1384		this title; or
829		-
830		-	ENR. S. B. NO. 2001 Page 20
831		-
832	1385		5. Allow any person under twenty -one (21) years of age to enter
833	1386		into, remain within or loiter about the designated bar area of the
834	1387		licensed premises, except for persons who incidentally pass through
835	1388		the designated area.
836	1389
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837	1416		The prohibition in this subsection a gainst persons under twenty -
838	1417		one (21) years of age entering or remaining within the designated
839	1418		bar area of the licensed premises shall not apply:
840		-
841	1419		a. if the licensed premises are closed to the public
842	1420		during a time the premises are legally permitted to be
843	1421		open for business and the premises are used for a
844	1422		private party at which alco holic beverages may be
845	1423		served to persons twenty -one (21) years of age or
846	1424		older. Any alcoholic beverages served at a private
847	1425		party on the licensed premises may be purchased from
848	1426		the licensee at a negotiated price or purchased
849	1427		privately and served at the private party on the
850	1428		licensed premises. Any licensee who desires to
851	1429		conduct such a private party shall notify the ABLE
852	1430		Commission, in writing, at least ten (10) calendar
853	1431		days prior to the private party. The notification
854	1432		shall include the date, time and pur pose of the
855	1433		private party and any other information the ABLE
856	1434		Commission may deem necessary,
857		-
858	1435		b. to a designated bar area which is a concession stand
859	1436		serving beer and wine, in addition to food and non-
860	1437		alcoholic beverages, which concession stand is located
861	1438		at, in, or on the premises of a sports, music or
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862	1466		entertainment venue, convent ion center, fairgrounds or
863	1467		similar facility, or
864		-
865	1468		c. to an employee of a beer distributor or wine and
866	1469		spirits wholesaler who is at least eighteen (18) years
867	1470		of age and enters for the purpose of merchandising or
868	1471		delivering product to the licensee in the norma l
869	1472		course of business.
870		-
871	1473		SECTION 5. AMENDATORY 37A O.S. 2021, Section 6 -109, is
872	1474		amended to read as follows:
873		-
874		-	ENR. S. B. NO. 2001 Page 21
875		-
876	1475		Section 6-109. No mixed beverage, beer and wine, bottle club,
877	1476		caterer, charitable event, public event or special event licen see or
878	1477		any employee, manager, operator or agent thereof shall:
879		-
880	1478		1. Consume or be under the influence of alc oholic beverages
881	1479		during the hours he or she is on duty. For the purposes of this
882	1480		section, licensees will be deemed to be on duty from the time the
883	1481		licensee first comes on duty until the time the licensee goes off
884	1482		duty at the end of the shift including any break periods permitted
885	1483		by management. This paragraph shall not apply for purposes of
886	1484		employee education training; provided, that:
887		-
888	1485		a. all tastings are conducted on a licensed premises and
889	1486		under the direct supervision of the licensee,
890		-
891	1487		b. all samples shall be poured by a licensee who is
892	1488		lawfully permitted to serve alcoholic beve rages in
893	1489		this state,
894	1490
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895	1517		c. all tastings shall be restricted to employees who a re
896	1518		twenty-one (21) years of age or older,
897		-
898	1519		d. all participation in tastings for educational purposes
899	1520		may be required by an employer; however, the choice to
900	1521		taste or consume alcoholic beverages shall always be
901	1522		voluntary, and
902		-
903	1523		e. no employee may be required to taste or consume
904	1524		alcohol at tastings as a condition of employment.
905		-
906	1525		An educational tasting of beer may cons ist of not more than six
907	1526		separate individual beers of not more than two (2 ) ounces each,
908	1527		served together at one time. No employee may sample more th an a
909	1528		total of twelve (12) fluid ounces of beer per day. An educational
910	1529		tasting of wine may consist of not more than six separate individual
911	1530		wines of not more than one (1) ounce each, served together at one
912	1531		time. No employee may sample more than a total o f six (6) fluid
913	1532		ounces of wine per day. An educational tasting of spirits shall
914	1533		consist of not more than t hree separate individual spirits of not
915	1534		more than one-half (0.5) ounce eac h, served together at one time.
916	1535		No employee may sample more than a total o f one and one-half (1.5)
917		-
918		-	ENR. S. B. NO. 2001 Page 22
919	1536		fluid ounces of spirits per day. An education tasting of a mixed
920	1537		beverage shall consist of not more than one individual mixed
921	1538		beverage consisting of not more than twelve (12) ounces of beer, six
922	1539		(6) ounces of wine, or one and one -half (1.5) ounces of spirits,
923	1540		combined with an unlimited amount of ingredients that are non -
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924	1568		alcoholic in nature, served at one time. No employee may sample
925	1569		more than a total of twe lve (12) ounces of beer, six (6) ounces of
926	1570		wine, or one and one -half (1.5) ounces of spirits in a mixed
927	1571		beverage per day. Only one type of alcoholic beverage, beer, wine,
928	1572		spirits, or mixed beverage shall be allowed at any educational
929	1573		training tasting. No combination tasting shall be allowed.
930	1574		Employees who choose to taste an al coholic beverage but do not wish
931	1575		to consume the alcoholic beverage shall be allowed to spit the
932	1576		beverage into a cup for disposal. Employees may participate in
933	1577		educational tastings before, during, or after regular business hours
934	1578		unless otherwise prohibited by law. All licensees serving samples
935	1579		of beer shall ensure that all samples are poured only from original
936	1580		sealed packaging and any alcoholic beverages remaining in unsealed
937	1581		packaging used to provide samples, excluding spirits and wine, are
938	1582		poured out by the end of the day. No more than six bottles of
939	1583		alcoholic beverages may be unsealed at any given time duri ng a
940	1584		tasting. All packaging containing samples of wine and spirits shall
941	1585		be clearly marked as a sample and any unused portions of the sample
942	1586		of wine or spirits shall be resealed and retained by the wine and
943	1587		spirits wholesaler for use at the next tasting a uthorized in this
944	1588		paragraph. Wine and spirits wholesaler employees may transport any
945	1589		resealed samples of wine and spirits in their vehicles. Beer, wine,
946	1590		and spirits samples shall not be considered withdrawn from the
947	1591		inventory of the beer distributor or w ine and spirits wholesaler for
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948	1619		purposes of the collection of the excise ta x on beer, wine, and
949	1620		spirits. Straw testing during operating hours shall b e permitted.
950	1621		Tastings offered to licensees by wine and spirits wholesalers and
951	1622		beer distributors shall not be deemed discrimination or an
952	1623		inducement under Section 3 -123 of this title. This paragraph shall
953	1624		not apply to any person who works on the premises as an entertainer
954	1625		only;
955		-
956	1626		2. Permit or tolerate any conduct or language which is intended
957	1627		to threaten another with physical harm or any fighting or offensive
958	1628		physical contact, in or upon the licensed premises or areas just
959	1629		outside the licensed premises whi ch are controlled by the licensee;
960		-
961		-
962		-	ENR. S. B. NO. 2001 Page 23
963	1630		3. Permit empty or discarded alcoholic beverage containers to
964	1631		be in public view outside the licensed premises. All empty or
965	1632		discarded containers shall be disposed of in accordance with ABLE
966	1633		Commission rules and regulati ons;
967		-
968	1634		4. Permit any illegal gambling activity, violations of the
969	1635		state narcotic and dangerous drug laws, pr ostitution activity or any
970	1636		other criminal conduct to occur on the licensed premises;
971		-
972	1637		5. Refuse or fail to promptly open a door to the licensed
973	1638		premises upon request of an employee of the ABLE Commission or any
974	1639		other peace officer to enter the premises whe n the licensee or
975	1640		employee knows or should know that such request is made by an
976	1641		employee of the ABLE Commission or a peace officer. This provision
	1642	+
	1643	+	SB2001 HFLR Page 33
	1644	+	BOLD FACE denotes Committee Amendments. 1
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977	1669		shall not be construed to deny employees of the ABLE Commission or
978	1670		peace officers access at any time to any licensed premises;
979		-
980	1671		6. Permit a sealed or unsealed container of alcoholic beverage
981	1672		to be removed from the licensed premises. Provided, that
982	1673		restaurants, hotels and motels may permit the removal of closed
983	1674		original wine containers the contents of which have been partially
984	1675		consumed and bottle clubs may permit the removal by a club member of
985	1676		closed original containers of alcoholic beverages belonging to
986	1677		members. The provisions of this paragraph shall not be construed to
987	1678		prohibit or restrict:
988		-
989	1679		a. hotels or motels who are holders of mixed beverage or
990	1680		on-premises beer and wine licenses from allowing
991	1681		alcoholic beverages to be served away from the bar
992	1682		area anywhere on the licensed premises,
993		-
994	1683		b. licensees, who are lawfully operating in a facility or
995	1684		on property owned or operated by any agency, political
996	1685		subdivision or public trust of this state, from
997	1686		allowing persons to transport alcoholic beverages from
998	1687		one licensed premises to another within the same
999	1688		building or property, provided that the building or
1000	1689		property or a part thereof is defined as a common
1001	1690		drinking area for consumption of alcoho l by resolution
1002	1691		of the governing body of the agency, political
1003	1692		subdivision or public trust of this state, or
1004	1693
	1694	+	SB2001 HFLR Page 34
	1695	+	BOLD FACE denotes Committee Amendments. 1
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1005	1719
1006		-	ENR. S. B. NO. 2001 Page 24
1007	1720		c. licensees, who are licensed to operate in a facility
1008	1721		or on property owned or operated by any agency,
1009	1722		political subdivision or public trust of this state,
1010	1723		from allowing other licensees to operate on their
1011	1724		licensed premises for events that are temporary in
1012	1725		nature. In the event that multiple licensees are
1013	1726		operating in a facili ty or on property owned or
1014	1727		operated by any agency, political subdivision o r
1015	1728		public trust of this state, each licensee shall be
1016	1729		responsible for violat ions occurring in their area
1017	1730		designated to be their temporary licensed premises ;,
1018	1731		or
1019		-
1020	1732		d. licensees, who are lawfully operating in a facility or
1021	1733		property intended for multiple licensed premises
1022	1734		within the facility and which also contains a common
1023	1735		use area, from allowing persons to transport alcoholic
1024	1736		beverages within the entire premises, which shall be
1025	1737		designated by the ABLE Commission as a common drinking
1026	1738		area for the consumption of a lcoholic beverages.
1027	1739		Provided, further, the property owner and all
1028	1740		licensees licensed within the facility or property
1029	1741		desiring the entire premises be designated a common
1030	1742		drinking area shall notify the ABLE Commission in
	1743	+
	1744	+	SB2001 HFLR Page 35
	1745	+	BOLD FACE denotes Committee Amendments. 1
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1031	1770		writing of their consent prior to such area being
1032	1771		designated a common drinking area; or
1033		-
1034	1772		7. Destroy, damage, al ter, remove or conceal potential
1035	1773		evidence, or attempt to do so, or refuse to surrender evidence when
1036	1774		lawfully requested to do so by an inspector, agent or any other
1037	1775		peace officer or incite another person to do any of the above.
1038		-
1039	1776		SECTION 6. It being immediately necessary for the preservation
1040	1777		of the public peace, health or safety, an emergency is hereby
1041	1778		declared to exist, by reason whereof this act shall take effect and
1042	1779		be in full force from and after its passage and approval.
1043	1780
1044		-
1045		-	ENR. S. B. NO. 2001 Page 25
1046		-	Passed the Senate the 12th day of March, 2024.
1047		-
1048		-
1049		-
1050		-	Presiding Officer of the Senate
1051		-
1052		-
1053		-	Passed the House of Representatives the 16th day of April, 2024.
1054		-
1055		-
1056		-
1057		-	Presiding Officer of the House
1058		-	of Representatives
1059		-
1060		-	OFFICE OF THE GOVERNOR
1061		-	Received by the Office of the Governor this _______ _____________
1062		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1063		-	By: _________________________________
1064		-	Approved by the Governor of t he State of Oklahoma this _______ __
1065		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1066		-
1067		-	_________________________________
1068		-	Governor of the State of Oklahoma
1069		-
1070		-
1071		-	OFFICE OF THE SECRETARY OF STATE
1072		-	Received by the Office of the Secretary of State this __________
1073		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
1074		-	By: _________________________________
	1781	+	COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
	1782	+	SUBSTANCES, dated 04/11/2024 - DO PASS.