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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1367 By: Hays
COMMITTEE SUBSTITUTE
An Act relating to alcohol licensure; establishing
certain protections for certain establishment
licensed by the Alcoholic Beverage Laws Enforcement
Commission; defining term; requiring certain
affidavits; requiring proof of certain violations;
requiring certain written policies; directing certain
recordkeeping; providing for codification; and
providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -130 of Title 37A, unless there
is created a duplication in numberi ng, reads as follows:
As used in this section:
1. "Employee" means any person paid by an establishment
licensed by the Alcoholic Beverage Laws Enforcement (ABLE)
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Commission to sell, serve, dispense, or deliver alcoholic beverages
or to immediately manage, direct, supervise, or control the sale or
service of alcoholic beverages; and
2. "Seller-server training certificate " means a certificate
granted for completing an Oklahoma seller -server certification
course recognized by the ABLE Commission.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6 -130.1 of Title 37A, unless
there is created a duplication in numbering, reads as follows:
A. An establishment licensed by the Alcoholic Beverage Laws
Enforcement (ABLE) Commission that claims that the actions of an
employee are not attributable to the establishment licensed by the
ABLE Commission under this act, shall provide to the ABLE
Commission, not later than ten (10) days after receipt of an
administrative notice of violation, an affidavit indicating that the
establishment licensed by the ABLE Commission was in compliance with
the requirements of this act at the time of the violation for which
the administrative notice was issued. At a hearing in which the
establishment licensed by the ABLE Commission claims the benefits of
this act, the establishment licensed by the ABLE Commission may be
required to present additional evidence to support such claim.
B. At a time when an employee does not posses s a currently
valid employee license from the ABLE Commission, the action of the
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employee shall be attributable to the establishment licensed by the
ABLE Commission if the employee:
1. 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; or
2. Allows consumption of an alcoholic beverage by:
a. a person who is insane or mentally deficient,
b. a minor, or
c. an intoxicated person.
C. Proof by the ABLE Commission that an employee performed an
action described this act on three or more occasions within a
twelve-month period shall create a rebuttable presumption that an
establishment licensed by the ABLE Commission has indirectly
encouraged a violation of the law pursuant to this act. The
rebuttable presumption is created regardless of whether the employee
performing the action described in this subsection on a second or
subsequent occasion is the same employee who performed the initial
action. Proof of violation shall b e demonstrated by:
1. Producing final orders issued by the ABLE Commission or a
court of competent jurisdiction finding that the establishment
licensed by the ABLE Commission violated this act, on two past
occasions; and
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2. Establishing a prima facie cas e that an employee of the
establishment licensed by the ABLE Commission violated this act on a
third or subsequent occasion.
D. Proof of violation of this act shall be for the same type of
offense and shall have occurred within a twelve -month period, as
calculated from the dates the incidents occurred.
E. A rebuttable presumption shall be established if the ABLE
Commission presents sufficient proof that an establishment licensed
by the ABLE Commission has adhered to the following requirements:
1. Requiring each employee to present a seller-server training
certificate within fourteen (14) days of his or her initial
employment date, unless the employee is deemed exempt by an existing
statute and require each employee to attend a seller -server training
course every two (2) years upon renewal of the employee license; and
attend a seller-server training course every two (2) years after the
initial employment date, unless an employee is exempt pursuant to
Section 2-121 of Title 37A of the Oklahoma Statutes;
2. Requiring each employee to maintain a currently valid
employee license from the ABLE Commission;
3. Adopting written policies and procedures that are designed
to prohibit:
a. the sale, service, dispensation, or delivery of an
alcoholic beverage to:
(1) a person who is insane or mentally deficient,
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(2) a minor, or
(3) an intoxicated person, or
b. the employee from allowing consumption of an alcoholic
beverage by:
(1) a person who is insane or mentally deficient,
(2) a minor, or
(3) an intoxicated person; an d
4. Ensuring that all employees have read and understood the
ABLE Commission's policies and procedures established in this act,
and maintaining records for at least one (1) year after the date
employment was terminated that show that each employee had re ad and
understood the license or permit holder 's then current policies and
procedures established under this act.
F. At a hearing in which the establishment licensed by the ABLE
Commission asserts the affirmative defense established in this act,
the Commission may present evidence to establish a rebuttable
presumption under this section. If the evidence is sufficient to
establish a prima facie case, the burden of persuasion in the
proceeding shifts to the establishment licensed by the ABLE
Commission to show that it has not indirectly encouraged a violation
of the law within the meaning of this act.
G. Nothing in this act shall be construed to establish
exclusive means by which the ABLE Commission may establish that a
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license or permit holder has indirect ly encouraged a violation of
this act.
SECTION 3. This act shall become effective November 1, 2025.
60-1-13100 TJ 03/04/25