OK
Oklahoma House Bill HB1270

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1270 Compare Versions

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1-An Act
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30+April 10, 2025
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334 BILL NO. 1270 By: Hays of the House
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536 and
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738 Alvord of the Senate
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1343 An Act relating to alcoholic beverages; amending 37A
1444 O.S. 2021, Section 2 -142, which relates to
1545 information furnished by license a pplicants;
1646 directing the Alcoholic Beverage Law s Enforcement
1747 (ABLE) Commission to notify applicants of
18-deficiencies in submitted applications and allowing
48+deficiencies in submitted applications allowing
1949 applicants time to provide required information;
2050 providing time period and procedures for approving
2151 and denying applications; and providing an effective
2252 date.
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27-SUBJECT: Alcoholic beverages
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2957 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3158 SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -142, is
3259 amended to read as follows:
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3460 Section 2-142. A. No license prov ided for in the Oklahoma
3561 Alcoholic Beverage Control Act shall be issued except pursuant to an
3662 application filed with the ABLE Commission. The ABLE Commission
3763 may, however, provide for a form of simplified application for
3864 renewal of a license. Payment of the prescribed fee shall accompany
3965 each application for a license.
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4193 B. Every applicant for an original license, except applicants
4294 for an employee, charitable event, special event or airline/railroad
4395 beverage license, shall also furnish the following:
44- ENR. H. B. NO. 1270 Page 2
4596 1. A tax receipt proving payment of ad valorem taxes, including
4697 real and personal taxes, or furnish to the ABLE Commission
4798 satisfactory evidence that no taxes are due or delinquent;
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4999 2. A certificate of zoning issued by the municipality in which
50100 the applicant proposes to locate the applicant's principal place of
51101 business under the license, or by the county if the principal place
52102 of business is located outside the incorporated limits of a
53103 municipality, certifying that the applicant's proposed location and
54104 use thereof comply with all municipal zoning ordinances or county
55105 zoning regulations if applicable;
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57106 3. A certificate issued by the municipality in which the
58107 applicant proposes to locate the applicant's principal place of
59108 business under the license, or by the co unty if the principal place
60109 of business is located ou tside the incorporated limits of a
61110 municipality, certifying that the applicant's existing or proposed
62111 operations under the license comply with all municipal or county
63112 fire codes, safety codes, or health codes, if applicable;
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65113 4. Authorization, on forms furnished by the ABLE Commission,
66114 for complete investigation of the applicant's current financial
67115 status as it relates to the application for a license, including but
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68143 not limited to access to bank accounts, loan agreements and
69144 financial statements;
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71145 5. A deed, management agreement, purchasing agreement or lease;
72146 and
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74147 6. Proof of liability insurance covering both bodily injury and
75148 property damage.
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77149 C. The certificates required by paragraphs 2 and 3 of
78150 subsection B of this section shall be signed by the mayor of the
79151 municipality or the chair of the board of county commissioners
80152 issuing same, unless the municipality, by ordinance, or the county
81153 designates some other officer or entity to issue the certificates.
82154 Applications for such certificates shall be in writin g and shall
83155 contain information in such detail as the municipality or county may
84156 reasonably require describing the location and nature of operations
85157 to be conducted under the license. Municipalities and counties
86158 shall be required to act on all applications for such certificates
87159 within twenty (20) days of receipt of the written application.
88- ENR. H. B. NO. 1270 Page 3
89160 D. Municipalities and counties may grant conditional
90161 certificates for premises proposed for licensed operations for which
91162 construction, modification or alteration is no t completed.
92163 Conditional certificates shall indicate that the proposed premises
93164 will comply with the municipal or county zoning, fire, safety and
94165 health codes. The granting of conditional certificates shall not
95166 relieve the applicant of the duty of obtaining the certificates
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96194 required by paragraphs 2 and 3 of subsection B of this section after
97195 completion of the construction, modification, or alteration.
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99196 E. A municipality or county shall issue the certifi cates
100197 required by paragraphs 2 and 3 of subsection B of this section
101198 within ten (10) days after all final inspections are completed.
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103199 Thereafter if a licensee fails to maintain compliance with
104200 municipal or county zoning ordinances and codes, the mayor or ch air
105201 of the board of county commissioners or their designee, shall
106202 forthwith notify the ABLE Commission in writing setting forth
107203 details of the noncompliance.
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109204 F. Within ten (10) days of the receipt of all information
110205 required in subsections B through E of this section, the ABLE
111206 Commission shall notify the applicant in writing of any deficiencies
112207 in the application with a description of what actions need to be
113-taken to cure the deficiencies. The applicant shall then have a
208+taken to cure the deficiencies. The applicant will then have a
114209 reasonable period of time to provid e the additional information
115210 sufficient to complete the application. Upon a completed
116211 application, the ABLE Commission shall issue or deny the license
117212 within twenty (20) days of the applicant's final submission. The
118213 ABLE Commission's denial of issuance o f a license shall be in
119214 writing and shall state with specificity the reasons for the denial.
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121215 G. Upon issuance of any license, the ABLE Commission shall
122216 furnish the Oklahoma Tax Commission with a list of such licenses.
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124244 G. H. In the event of denial of an a pplication for a license,
125245 the ABLE Commission shall refund to the applicant the amount of the
126246 tendered fee, less ten percent (10%), which it shall retain as cost
127247 of processing the application.
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129248 H. I. Any licensee, except an employee licensee, who fails to
130249 renew the license prior to the expiration date of the license, shall
131250 be subject to a late renewal penalty as provided by rules of the
132251 ABLE Commission. Further, any licensee, except an employee
133-licensee, who fails to renew the license withi n sixty (60) days of ENR. H. B. NO. 1270 Page 4
252+licensee, who fails to renew the license within sixty (60) day s of
134253 the expiration of the license shall be required to submit a new
135254 license application. An employee licensee who fails to renew prior
136255 to the expiration of the license shall be required to submit a new
137256 license application; provided, however, that under n o circumstances
138257 shall any licensee, including an empl oyee licensee, whose license to
139258 serve or sell alcoholic beverages has expired, continue to serve or
140259 sell alcoholic beverages.
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142260 I. J. The requirements in this section shall be required for a
143261 public event license applicant, except for those certificates
144262 required by paragraphs 2 and 3 of subsection B of this section as
145263 the events are temporary in nature and the locations are not
146264 permanently licensed.
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148-SECTION 2. This act shall become effective November 1, 2025. ENR. H. B. NO. 1270 Page 5
149-Passed the House of Representatives the 13th day of March, 2025.
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154- Presiding Officer of the House
155- of Representatives
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158-Passed the Senate the 22nd day of April, 2025.
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163- Presiding Officer of the Senate
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167-OFFICE OF THE GOVERNOR
168-Received by the Office of the Governor this ____________________
169-day of ___________________, 20_______, at _______ o'clock _______ M.
170-By: _________________________________
171-Approved by the Governor of the State of Oklahoma this _________
172-day of _____________ ______, 20_______, at _______ o'clock _______ M.
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175- _________________________________
176- Governor of the State of Oklahoma
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178-OFFICE OF THE SECRETARY OF STATE
179-Received by the Office of the Secretary of State this __________
180-day of ___________________, 20_______, at _______ o'clock _______ M.
181-By: _________________________________
265+SECTION 2. This act shall become effectiv e November 1, 2025.
266+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
267+April 10, 2025 - DO PASS