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ENGROSSED HOUSE
BILL NO. 1381 By: Dempsey of the House
and
Daniels of the Senate
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 1 -107, which relates to the powers
and duties of the Oklahoma Alcoholic Beverage Laws
Enforcement Commission; requiring an annual report be
made available to certain individuals; requiring
report 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, inspect 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 of 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 4-104 and 4-105 of this
title 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 pr ovided 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 authority 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 secu re 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 the Oklahoma
Alcoholic Beverage Control Ac t, 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 February 28 of each year
listing the number of licenses revok ed or suspended and the basis
for the action, including all complaints submitted to the ABL E
Commission with the complainant's name and organization. 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 Oklahom a House of
Representatives and President Pro Tempore of the Oklahoma State
Senate, and made public on the ABLE Commission website;
11. To inspect or cause to be ins pected any premises where
alcoholic beverages are manufactured, stored, distributed, sold,
dispensed or served;
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11. 12. In the conduct of any hearing authorized to be held by
the ABLE Commission:
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 discharge of its
duties hereunder,
d. to administer or cause to be administered oaths, a nd
e. to issue subpoenas for the attendance of witnesses and
the production of books or rec ords 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 require the
attendance of witnesses and the production of relevant
books or records subpoenaed by the AB LE 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 to be kept and reports to be rendered
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by licensees, and the information to be shown therein; provided,
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 statistical 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 number;
15. 16. To educate persons employed by licensees to sell or
serve alcoholic beverages as to the provisions of Article XXVIII -A
of the Oklahoma Constitution and the Oklahoma A lcoholic Beverage
Control Act, with emphasis on recognizing and preventing
intoxication and particular emphasis on those provisions prohibiting
the selling or servin g of alcoholic beverages to minors. The ABLE
Commission may contract with one or more enti ties, 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 a ccordance with statutory
provisions, subject to the approval of the Risk Management
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Administrator as provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes;
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 Alcohol ic 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 effective November 1, 2025.
Passed the House of Representatives the 13th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate