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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1270 By: Hays of the House
and
Alvord of the Senate
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2 -142, which relates to
information furnished by license applicants;
providing that the Oklahoma Alcoholic Beverage Law
Enforcement Commission (ABLE) shall notify an
applicant in writing of any deficiencies in the
application with a description of what actions need
to be taken to cure the deficiencies within a certain
time period; providing that applicant will then have
a reasonable period of time to provide the required
information; providing time period for ABLE to
approve or deny an application; providing for manner
of a denial to be delivered and what information must
be given to the applicant by ABLE; providing that the
failure of ABLE to adhere to provid ed provisions
shall result in a presumptive issuance of the license
subject to review by the ABLE Commission; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -142, is
amended to read as follows:
Section 2-142. A. No license provided for in the Oklahoma
Alcoholic Beverage Control Act shall be issued except pursuant to an
application filed with the ABLE Commission. The ABLE Commission
may, however, provide for a form of simplified application for
renewal of a license. Payment of the prescribed fee shall accompany
each application for a license.
B. Every applicant for an original license, except applicants
for an employee, charitable event, special event or airline/railroad
beverage license, shall also furnish the following:
1. A tax receipt proving payment of ad valorem taxes, including
real and personal taxes, or furnish to the ABLE Commission
satisfactory evidence that no taxes are due or delinquent;
2. A certificate of zoning issued by the municipality in which
the applicant proposes to locate the applicant's principal place of
business under the license, or by the county if the principal place
of business is located outside the i ncorporated limits of a
municipality, certifying that the applicant's proposed location and
use thereof comply with all municipal zoning ordinances or county
zoning regulations if applicable;
3. A certificate issued by the municipality in which the
applicant proposes to locate the applicant's principal place of
business under the license, or by the county if the principal place
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of business is located outside the incorporated limits of a
municipality, certifying that the applicant's existing or proposed
operations under the license comply with all municipal or county
fire codes, safety codes, or health codes, if applicable;
4. Authorization, on forms furnished by the ABLE Commission,
for complete investigation of the applicant's current financial
status as it relates to the application for a license, including but
not limited to access to bank accounts, loan agreements and
financial statements;
5. A deed, management agreement, purchasing agreement or lease;
and
6. Proof of liability insurance covering both bodily injury and
property damage.
C. The certificates required by paragraphs 2 and 3 of
subsection B of this section shall be signed by the mayor of the
municipality or the chair of the board of county commissioners
issuing same, unless the municipality , by ordinance, or the county
designates some other officer or entity to issue the certificates.
Applications for such certificates shall be in writing and shall
contain information in such detail as the municipality or county may
reasonably require descr ibing the location and nature of operations
to be conducted under the license. Municipalities and counties
shall be required to act on all applications for such certificates
within twenty (20) days of receipt of the written application.
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D. Municipalities and counties may grant conditional
certificates for premises proposed for licensed operations for which
construction, modification or alteration is not completed.
Conditional certificates shall indicate that the proposed premises
will comply with the mun icipal or county zoning, fire, safety and
health codes. The granting of conditional certificates shall not
relieve the applicant of the duty of obtaining the certificates
required by paragraphs 2 and 3 of subsection B of this section after
completion of the construction, modification, or alteration.
E. A municipality or county shall issue the certificates
required by paragraphs 2 and 3 of subsection B of this section
within ten (10) days after all final inspections are completed.
Thereafter if a licensee fails to maintain compliance with
municipal or county zoning ordinances and codes, the mayor or chair
of the board of county commissioners or their designee, shall
forthwith notify the ABLE Commission in writing setting forth
details of the noncompliance.
F. Within ten (10) days of the receipt of all information
required in subsections B through E of this section, ABLE shall
notify the applicant in writing of any deficiencies in the
application with a description of what actions need to be taken to
cure the deficiencies. Applicant will then have a reasonable period
of time to provide the additional information sufficient to complete
the application. Upon a completed application, ABLE shall issue or
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deny the license within twenty (20) days of applicant's f inal
submission. ABLE'S denial of issuance of a license shall be in
writing and shall state with specificity the reasons for the denial.
G. Upon issuance of any license, the ABLE Commission shall
furnish the Oklahoma Tax Commission with a list of such li censes.
G. H. In the event of denial of an application for a license,
the ABLE Commission shall refund to the applicant the amount of the
tendered fee, less ten percent (10%), which it shall retain as cost
of processing the application.
H. I. Any licensee, except an employee licensee, who fails to
renew the license prior to the expiration date of the license, shall
be subject to a late renewal penalty as provided by rules of the
ABLE Commission. Further, any licensee, except an employee
licensee, who fails to renew the license within sixty (60) days of
the expiration of the license shall be required to submit a new
license application. An employee licensee who fails to renew prior
to the expiration of the license shall be required to submit a new
license application; provided, however, that under no circumstances
shall any licensee, including an employee licensee, whose license to
serve or sell alcoholic beverages has expired, continue to serve or
sell alcoholic beverages.
I. J. The requirements in this section shall be required for a
public event license applicant, except for those certificates
required by paragraphs 2 and 3 of subsection B of this section as
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the events are temporary in nature and the locations are not
permanently licensed.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
OVERSIGHT, dated 03/06/2025 - DO PASS, As Amended.