Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB791 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 791 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	45		An Act relating to alcoholic beverages; amending 37A
16	46		O.S. 2021, Section 6-103, as amended by Section 1,
17	47		Chapter 82, O.S.L. 2022 (37A O.S. Supp. 2022, Section
18	48		6-103), which relates to prohibited acts of retail
19	49		spirits licensees; excluding certain pricing from
20	50		prohibited acts; and providing an effective d ate.
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25		-	SUBJECT: Sale of alcoholic beverages
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	56		SECTION 1. AMENDATORY 37A O.S. 2021, Section 6-103, as
30	57		amended by Section 1, Chapter 82, O.S.L. 2022 (37A O.S. Supp. 2022,
31	58		Section 6-103), is amended to read as follows:
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33	59		Section 6-103. A. No retail spirits l icensee shall:
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35	60		1. Purchase or receive any alcoholic bevera ge other than from a
36	61		wine and spirits wholesaler, beer distributor, winery or small
37	62		brewer self-distribution licensee who elects to self-distribute;
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39	63		2. Suffer or permit any retail container to be opened, or any
40	64		alcoholic beverage to be consumed on the lic ensed premises, except
41	65		when serving samples as authorized by Section 2-109 of this title or
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42	93		otherwise permitted by law; provided, the licensee shall not permit
43	94		any alcoholic beverage content or retail container unsealed in
44	95		connection with sampling authoriz ed by Section 2-109 of this title
45	96		to remain on the licensed premises at the close of business on that
46	97		day, excluding spirits;
47		-
48		-	ENR. S. B. NO. 791 Page 2
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50	98		3. Sell any alcoholic beverages at any hour other than between
51	99		the hours of 8:00 a.m. and midnight Monday through Saturday, and
52	100		shall not be permitted to be open on Thanksg iving Day or Christmas
53	101		Day; provided, a county may, pursuant to the provisions of
54	102		subsections B and C of Section 3-124 of this title, elect to allow
55	103		such sales between the hours of noon and midnight on Sunday. Re tail
56	104		spirits licensees shall be permitted t o sell alcoholic beverages on
57	105		the day of any General, Primary, Runoff Primary or Special Election
58	106		whether on a national, state, county or city electio n, provided that
59	107		the election day does not occur on any day on which such sales are
60	108		otherwise prohibited b y law;
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62	109		4. Sell spirits in a city or town, unless such city or town has
63	110		a population in excess of two hundred (200) according to the latest
64	111		Federal Decennial Census;
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66	112		5. Sell any alcoholic beverage on credit; prov ided, that
67	113		acceptance by a licensee of a cash or debit card or a nationally
68	114		recognized credit card in lieu of actual cash payment does not
69	115		constitute the extension of credit; provided, further, as used in
70	116		this section:
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	118	+	SB791 HFLR Page 3
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72	144		a. “cash or debit card” means any instrument or device
73	145		whether known as a deb it card or by any other name,
74	146		issued with or without fee by an issuer for the use of
75	147		the cardholder in depositing, obtaining or
76	148		transferring funds from a consumer banking electronic
77	149		facility, and
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79	150		b. “nationally recognized credit card” means any
80	151		instrument or device, whether known as a credit card,
81	152		credit plate, charge plate or by any other name,
82	153		issued with or without fee by an issuer for the use of
83	154		the cardholder in obtaining money, goods, services or
84	155		anything else of value on credit which is accepted by
85	156		over one hundred retail locations;
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87	157		6. Offer or furnish any prize, premium, gift or similar
88	158		inducement to a consumer in connection with the sale of alcoho lic
89	159		beverages, except that goods or merchandise included by the
90	160		manufacturer in packaging with alcoho lic beverages or for packaging
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92		-	ENR. S. B. NO. 791 Page 3
93	161		with alcoholic beverages shall not be included in this prohibition,
94	162		but no wholesaler or retailer shall sell any alcoholic b everage
95	163		prepackaged with other goods or merchandise at a p rice which is
96	164		greater than the price at whi ch the alcoholic beverage alone is
97	165		sold; provided, it shall not be considered inducement or a premium
98	166		for a retail spirits licensee to have an advertised price posted
99	167		higher online than the shelf price on the licensed premises; or
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101	195		7. Pay for alcoholic beverages by a check or draft which is
102	196		dishonored by the drawee when presented to such dr awee for payment;
103	197		and the ABLE Commission may cancel or suspend the license of any
104	198		retailer who has given a check or draft, as maker or endorser, which
105	199		is so dishonored upon presentation.
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107	200		B. No retail spirits licensee shall permit any person under
108	201		twenty-one (21) years of age to enter into or remain within or about
109	202		the licensed premises unless accompan ied by the person’s parent or
110	203		legal guardian; provided, however, this restriction shall not apply
111	204		to an employee of a licensed beer distrib utor or wine and spir its
112	205		wholesaler who:
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114	206		1. Is at least eighteen (18) years of age;
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116	207		2. Is accompanied by a coworker at least twenty -one (21) years
117	208		of age; and
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119	209		3. Enters for the sole purpose of merchandising or delivering
120	210		product to the licensee in the normal course of business.
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122	211		SECTION 2. This act shall become effective Novembe r 1, 2023.
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125		-	ENR. S. B. NO. 791 Page 4
126		-	Passed the Senate the 7th day of March, 2023.
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129		-
130		-	Presiding Officer of the Senate
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133		-	Passed the House of Representatives the 25th day of April, 2023.
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137		-	Presiding Officer of the House
138		-	of Representatives
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140		-	OFFICE OF THE GOVERNOR
141		-	Received by the Office of the Governor this ____________________
142		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
143		-	By: _______________________________ __
144		-	Approved by the Governor of the State of Oklahoma this _____ ____
145		-	day of _________________ __, 20_______, at _______ o'cl ock _______ M.
146		-
147		-	_________________________________
148		-	Governor of the State of Oklahoma
149		-
150		-
151		-	OFFICE OF THE SECRETARY OF STATE
152		-	Received by the Office of the Secretary of State this _______ ___
153		-	day of __________________, 20 _______, at _______ o'clock _______ M.
154		-	By: _______________________________ __
	213	+	COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
	214	+	SUBSTANCES, dated 04/12/2023 - DO PASS.