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: _________________________________