Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1270 Enrolled / Bill

Filed 04/23/2025

                    An Act 
ENROLLED HOUSE 
BILL NO. 1270 	By: Hays of the House 
 
   and 
 
  Alvord of the Senate 
 
 
 
 
 
An Act relating to alcoholic beverages; amending 37A 
O.S. 2021, Section 2 -142, which relates to 
information furnished by license applicants; 
directing the Alcoholic Beverage Laws Enforcement 
(ABLE) Commission to notify applicants of 
deficiencies in submitted applications and allowing 
applicants time to provide required information; 
providing time period and procedures for approving 
and denying applications ; and providing an effective 
date. 
 
 
 
 
SUBJECT: Alcoholic beverages 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     37A O.S. 2021, Section 2 -142, is 
amended to read as follows: 
 
Section 2-142.  A.  No license prov ided 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 s hall 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: 
  ENR. H. B. NO. 1270 	Page 2 
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 locat e the applicant's principal place of 
business under the license, or by the county if the principal place 
of business is located outside the incorporated 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 th e county if the prin cipal place 
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 hea lth 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 acco unts, loan agreement s 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 certifi cates.  
Applications for such certificates shall be in writing and shall 
contain information in such detail as the municipality or county may 
reasonably require describing the location and nature of operations 
to be conducted under the license.  Municipali ties and counties 
shall be required to act on all applications for such certificates 
within twenty (20) days of receipt of the written application. 
  ENR. H. B. NO. 1270 	Page 3 
D.  Municipalities and counties may grant conditional 
certificates for premises proposed for licensed opera tions for which 
construction, modification or alteration is not completed.  
Conditional certificates shall indicate that the proposed premises 
will comply with the municipal or county zoning, fire, safety and 
health codes.  The granting of conditional cert ificates 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 t he 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 t hrough E of this sec tion, the ABLE 
Commission 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. The applicant shall then have a 
reasonable period of t ime to provide the additional information 
sufficient to complete the application.  Upon a completed 
application, the ABLE Commission shall issue or deny the license 
within twenty (20) days of the applicant's final submission.  The 
ABLE Commission's denial of issuance of a lic ense 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 licenses. 
 
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 license e, 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 withi n sixty (60) days of  ENR. H. B. NO. 1270 	Page 4 
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, howev er, that under no ci rcumstances 
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 fo r a 
public event license applicant, except for those certificates 
required by paragraphs 2 and 3 of subsection B of this section as 
the events are temporary in nature and the locations are not 
permanently licensed. 
 
SECTION 2.  This act shall become effective November 1, 2025.  ENR. H. B. NO. 1270 	Page 5 
Passed the House of Representatives the 13th day of March, 2025. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 22nd day of April, 2025. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _________ 
day of _____________ ______, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________