Req. No. 10622 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1367 By: Hays
AS INTRODUCED
An Act relating to alcoholic beverages; providing an
Alcoholic Beverages Laws Enforcement Commission
(ABLE) licensed establishments are not liable for the
actions of an employee in most instances ; defining
ABLE licensed establishment; providing procedure for
when an ABLE licensed establishment receives an
administrative notice of violation for the actions of
an employee; providing when an ABL E licensed
establishment is liable for actions of an employee;
providing when certain repeat actions of an employee
can be attributable to an ABLE licensed
establishment; providing required proof to attribute
liability for the repeat actions of an employee to an
ABLE licensed establishment; providing time period
for repeat actions by employee to have occurred for
liability to be attributed to the ABLE licensed
establishment; providing actions by an ABLE licensed
establishment that creates a rebuttable presu mption
that the ABLE licensed establishment has indirectly
encouraged a violation of the law; defining term;
providing burden of proof for hearings; providing
that ABLE Commission may use other means of proof for
establishing that an ABLE licensed establis hment has
indirectly encouraged a violation of the law by an
employee than what is provided in this act; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Req. No. 10622 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 6-130 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. An establishment with a license issued Oklahoma Alcoholic
Beverage Law Enforcement Commission (ABLE ) shall not be liable for
actions by an employee of the ABLE licensed establishment , unless
the actions of the employee are directly attributable to the ABLE
licensed establishment . For the purposes of this section an ABLE
licensed establishment shall mean a holder of ABLE issued license or
permit, which shall not include an ABLE employee license. An ABLE
licensed establishment that receives an administrative notice of a
violation by the ABLE Commission for an action of an emp loyee may
provide to the ABLE Commission, not later than ten (10) days after
receipt of an administrative notice of violation, an affidavit
indicating that the ABLE licensed establishment was not attributable
to the actions of the employee. At a hearing in which the ABLE
licensed establishment claims the employee's actions were not
attributable to the ABLE licensed establishment , the ABLE licensed
establishment may be required to present additional evidence to
support such claim.
B. If an employee perform s any of the following actions at a
time when the employee does not possess a currently valid ABLE
employee license, then the action of the employee does not meet the
Req. No. 10622 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
requirements of this act and therefore shall be attributable to the
ABLE licensed establi shment:
1. The employee sells, furnishes or gives an alcoholic beverage
to:
a. a person who is insane or mentally deficient ,
b. a minor, or
c. an intoxicated person.
2. The employee allows consumption of an alcoholic beverage by:
a. a person who is insan e or mentally deficient ,
b. a minor, or
c. an intoxicated person.
C. Proof by the ABLE Commission that an employee , who holds
valid ABLE employee license, performed an action described in
paragraphs 1 or 2 of subsection B of this act on three (3) or more
occasions within a twelve (12) month period shall create a
rebuttable presumption that ABLE licensed establishment is
attributable to the actions of the employee by indirectly
encouraging a violation of the law within the meaning of this act.
The rebuttable presumption is created regardless of whether the
employee performing the action described in paragraph 1 or 2 of
subsection B of this act on a second or subsequent occasion is the
same person.
D. For purposes of satisfying the condition precedent set forth
in subsection C of this act, proof shall be demonstrated by:
Req. No. 10622 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Producing final orders issued by the ABLE commission or
district court finding that the ABLE licensed establishment violated
this act on two (2) past occasions; and
2. Establishing a prima facie case that an employee of the ABLE
licensed establishment violated this act on a third or subsequent
occasion.
E. For purposes of subsection D of this act, all incidents
offered to satisfy the conditio n precedent set forth in subsection C
of this act shall be for the same type of offense and shall have
occurred within a twelve (12) month period as calculated from the
dates the incidents occurred.
F. There is a rebuttable presumption that a n ABLE licensed
establishment has indirectly encouraged a violation of the law
within the meaning of this act if the ABLE Commission presents
sufficient proof that a n ABLE licensed establishment fails to meet
any of the following:
1. The ABLE licensed establishment requires each employee to
present a seller serv er training certificate within fourteen (14)
days of their initial employment date.
2. The ABLE licensed establishment requires each employee to
maintain a currently valid ABLE employee license.
3. The ABLE licensed establishment adopts written policies and
procedures that are designed to prevent, and that affirm a strong
commitment by the ABLE licensed establishment to prohibit:
Req. No. 10622 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. the sale, service, dispensation or delivery of an
alcoholic beverage to:
(1) a person who is insane or mentally deficient ,
(2) a minor, or
(3) an intoxicated person; and
b. the consumption of an alcohol ic beverage by:
(1) a person who is insane or mentally deficient ,
(2) a minor, or
(3) an intoxicated person.
4. The ABLE licensed establishment ensures that all employees
have read and understood the ABLE licensed establishment's policies
and procedures described in paragraph 3 of this subsection.
5. The ABLE licensed establishment maintains records for at
least one (1) year after the date employment was terminated that
show that each employee read and understood the license or permit
holder's current policies and procedures described in paragraph 3 of
this subsection.
G. For purposes of this act, "employee" includes all persons
paid by an ABLE licensed establishment to sell, se rve, dispense, or
deliver alcoholic beverages or to immediately manage, direct,
supervise or control the sale or service of alcoholic beverages.
H. At a hearing in which the ABLE licensed establishment
asserts the affirmative defense established under this act, the ABLE
Commission may present evidence to establish a rebuttable
Req. No. 10622 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
presumption under this act. If the evidence is sufficient to
establish a prima facie case, the burden of persuasion in the
proceeding shifts to the ABLE licensed establishment to show that it
has not indirectly encouraged a violation of the law within the
meaning of this act.
I. The rebuttable presumptions authorized in this act are not
the exclusive means by whic h the ABLE Commission may establish that
an ABLE licensed establishmen t has indirectly encouraged a violation
of the law within the meaning of act.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10622 JL 01/14/25