ENGR. H. B. NO. 1367 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
ENGROSSED HOUSE
BILL NO. 1367 By: Hays of the House
and
Howard of the Senate
An Act relating to alcohol ic beverages; defining
terms; making certain actions by an employee not
attributable to licensed establishments; providing an
affirmative defense under certain circumstances ;
requiring licensed establishments to present certain
information when asserting the affirmative defense;
attributing certain actions by an employee to the
licensed establishment ; creating a rebuttable
presumption that a licensed establishment has
indirectly encouraged violation s of the law by
employees; authorizing the ABLE Commission to present
evidence to establish a rebuttable presumption ;
stating which party has the burden of persuasion;
providing construing provision ; providing for
codification; and providing an effective 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 numbering, 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)
Commission to sell, serve, dispense, or deli ver alcoholic beverages
ENGR. H. B. NO. 1367 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
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. Certain actions of an employee are not attributable to
an establishment licensed by the Alcoholic Beverage Laws Enforcement
(ABLE) Commission and shall be an affirmative defense to such
liability when such licensed establishment receives a notice of
violation for certain actions of an employee.
B. The following actions of an employee of a licensed
establishment are not attributable to the licensed establishment:
1. The selling, furnishing, or giving of an alcoholic beverage
to:
a. a person who is insane or men tally deficient,
b. a minor, or
c. an intoxicated person; or
2. Allowing the consumption of an alcoholic beverage by:
a. a person who is insane or mentally deficient,
b. a minor, or
c. an intoxicated person.
ENGR. H. B. NO. 1367 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
C. A licensed establishment may assert the aff irmative defense
if the license establishment:
1. Required all employee s to maintain a currently valid
employee license from the ABLE Commission;
2. Required each employee to present a seller -server training
certificate within fourteen (14) days of his o r 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 cour se 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;
3. Adopted written policies and procedures which prohibit:
a. the sale, service, dispensation, or deliv ery of an
alcoholic beverage to:
(1) a person who is insane or mentally deficient,
(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; and
ENGR. H. B. NO. 1367 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
4. Ensured that all employees have read and understood the
required policies as provided in paragraph 3 of this subsection by
having an acknowledgment of understanding by the employee in
writing. Such acknowledgment shall be kept for record by the
licensed establishment for at least one (1) year after the date the
employee was terminated.
D. A licensed establishment asserting th e affirmative defense
under this act shall provide to the ABLE Commission, not later t han
ten (10) days after receipt of an administrative notice of
violation, an affidavit indicating that the licensed establishment
was in compliance with the requirements of this act at the time of
the violation for which the administrative notice was issue d, which
shall include a copy of the valid employee license held by the
employee who committed the alleged violation, a copy of the current
training certificate held by that employee, and a signed copy of
acknowledgment of receipt of polic ies by the employee. At a hearing
in which the licensed establishment asserts the affirmative defense
crated by this act, the licensed establishment may be required to
present additional evidence to support such defense.
E. When an employee does not possess a currently v alid employee
license from the ABLE Commission, the action of the employee shall
be attributable to the licensed establishment.
F. Proof by the ABLE Commission that an employee performed an
action described in this act on three or more occasions within a
ENGR. H. B. NO. 1367 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
twelve-month period shall create a rebuttable presumption that a
licensed establishment 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
be demonstrated by:
1. Producing final orders issued by the ABLE Commission or a
court of competent jurisdicti on finding that the licensed
establishment violated this act on two past occasions; and
2. Establishing a prima facie case that an employee of the
licensed establishment violated this act on a third or subsequent
occasion.
G. Proof of violation of this a ct 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.
H. At a hearing in which the licensed establishment asserts the
affirmative defense established in this act , the ABLE Commission may
present evidence to establish a rebuttable 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 licensed
establishment to show that it has not indirectly encouraged a
violation of the law within the meaning of this act.
ENGR. H. B. NO. 1367 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
I. Nothing in this act shall be construed to establish
exclusive means by which the ABLE Commission may establish that a
licensed establishment has indirectly encouraged a violation of this
act.
SECTION 3. This act shall become effective November 1, 2025.
Passed the House of Representatives the 24th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate