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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1381 By: Dempsey
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 1 -107, which relates to the powers
and duties of the Oklahoma Al coholic Beverage Laws
Enforcement Commission; requiring an annual report
that contains certain information to be made
available to certain individuals; requiring report to
be made available online; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 1 -107, is
amended to read as follows:
Section 1-107. A. The ABLE Commission shall have the following
powers and duties:
1. To supervise, inspe ct and regulate every phase of the
business of manufacturing, importing, exporting, transporting,
storing, selling, distributing and possessing for the purpose of
sale, all alcoholic beverages which shall be necessary and proper to
carry out the purposes o f the Oklahoma Alcoholic Beverage Control
Act;
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2. To promulgate rules, in the manner herein provided, to carry
out the purposes of the Oklahoma Alcoholic Beverage Control Act;
3. To have the sole authority to issue any license provided for
in the Oklahoma Alcoholic Beverage Control Act and except as
provided in Sections 101 and 102 of this act with respect to cities,
towns and counties, and except as may be provided under Title 68 of
the Oklahoma Statutes with respect to the Oklahoma Tax Commission,
no other agency, instrumentality or political subdivision of this
state shall be authorized to issue any license or permit allowing
any licensee to engage in any activity covered by the Oklahoma
Alcoholic Beverage Control Act anywhere within the State of
Oklahoma;
4. To refuse to issue any license provided for in the Oklahoma
Alcoholic Beverage Control Act for cause provided for in the
Oklahoma Alcoholic Beverage Control Act;
5. To revoke or suspend, for cause after hearing, any license
issued under the author ity of the Oklahoma Alcoholic Beverage
Control Act;
6. To prescribe the forms of all reports which it deems
necessary in administering the Oklahoma Alcoholic Beverage Control
Act;
7. To fix standards not in conflict with those prescribed by
any law of this state or of the United States, to secure the use of
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proper ingredients and methods of manufacture and dispensing of
alcoholic beverages;
8. To make seizures of alcoholic beverages manufactured, sold,
possessed, imported or transported in violation of t he Oklahoma
Alcoholic Beverage Control Act, and apply for the confiscation
thereof whenever required by the Oklahoma Alcoholic Beverage Control
Act, and cooperate in the prosecution of offenders before any court
of competent jurisdiction;
9. To submit to the Governor and members of the State
Legislature annual or semiannual reports upon request of the
Governor;
10. To prepare an annual report by December 31 of each year
listing the number of licenses revoked or suspended and the basis
for the action. The report shall also include the number of tickets
written, the total amount of the tickets and the total amount
penalized. The report shall be delivered to the Governor, Speaker
of the Oklahoma House of Representatives and President Pro-temp of
the Oklahoma State Senate, and made public on the ABLE website.
11. To inspect or cause to be inspected any premises where
alcoholic beverages are manufactured, stored, distributed, sold,
dispensed or served;
11. 12. In the conduct of any hearing authorized to be h eld by
the ABLE Commission:
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a. to examine or cause to be examined, under oath, any
person,
b. to examine or cause to be examined books and records
of any licensee,
c. to hear testimony and take proof material for the ABLE
Commission's information and the d ischarge of its
duties hereunder,
d. to administer or cause to be administered oaths, and
e. to issue subpoenas for the attendance of witnesses and
the production of books or records which shall be
effective in any part of the state. Any district
court or any judge thereof, either in term or
vacation, may by order duly entered requ ire the
attendance of witnesses and the production of relevant
books or records subpoenaed by the ABLE Commission,
and the court or judge may compel obedience to the
order by proceedings for contempt;
12. 13. To prescribe the kind and size of retail containers of
alcoholic beverages which may be purchased, possessed and sold by a
licensee;
13. 14. To prescribe by rule, in addition to those herein
required, the kinds of records t o be kept and reports to be rendered
by licensees, and the information to be s hown therein; provided,
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that the period for which all such records and reports be retained
shall not be less than five (5) years;
14. 15. To gather, compile and print such stati stical data as
may in the opinion of the ABLE Commission be needed or useful, and
prescribe charges or fees to be collected from any person or company
to whom such data shall be provided. No reports shall contain sales
information by name or license numbe r;
15. 16. To educate persons employed by licensees to sell or
serve alcoholic beverages as to the provisions of Article XXVIIIA of
the Oklahoma Constitution and the Oklahoma Alcoholic Beverage
Control Act, with emphasis on recognizing and preventing
intoxication and particular emphasis on those provisions prohibiting
the selling or serving of alcoholic beverages to minors. The ABLE
Commission may contract with one or more entities, including but not
limited to the Oklahoma Department of Mental Health and Substance
Abuse Services, to perform the duties specified in this paragraph;
16. 17. To purchase motor vehicles necessary for use in its
operations. Such motor vehicles shall not be required to have any
type of identifying marking thereon;
17. 18. To purchase insurance on the motor vehicles owned and
operated by the ABLE Commission in accordance with statutory
provisions, subject to the approval of the Risk Management
Administrator as provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes;
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18. 19. To approve or reject any official bond required to be
filed with the ABLE Commission; and
19. 20. To exercise all other powers and duties conferred by
the Oklahoma Alcoholic Beverage Control Act, and all powers
incidental, convenient or necessary to enable it to administer or
carry out any of the provisions of the Oklahoma Alcoholic Beverage
Control Act.
B. The ABLE Commission shall promulgate rules, pursuant to the
Administrative Procedures Act, to carry out the purposes of the
Oklahoma Alcoholic Beverage Control Act.
SECTION 2. This act shall become effe ctive November 1, 2025.
60-1-11110 JL 01/04/25