OK
Oklahoma House Bill HB1381

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1381 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-1st Session of the 60th Legislature (2025)
31-
32-COMMITTEE SUBSTITUTE
33-FOR ENGROSSED
34-HOUSE BILL 1381 By: Moore of the House
28+ENGROSSED HOUSE
29+BILL NO. 1381 By: Dempsey of the House
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3631 and
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3833 Daniels of the Senate
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42-COMMITTEE SUBSTITUTE
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4440 An Act relating to alcoholic beverages; amending 37A
45-O.S. 2021, Section 2 -146, as amended by Section 2,
46-Chapter 192, O.S.L. 2022 (37A O.S. Supp. 2024,
47-Section 2-146), which relates to grounds to deny
48-license; prohibiting certain grounds for denial of
49-license; excluding certain license from certain
50-provision; updating statutory language; and providing
51-an effective date.
41+O.S. 2021, Section 1 -107, which relates to the powers
42+and duties of the Oklahoma Alcoholic Beverage Laws
43+Enforcement Commission; requiring an annual report be
44+made available to certain individuals; requiring
45+report be made available online; and providing an
46+effective date.
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5652 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57-SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -146, as
58-amended by Section 2, Chapter 192, O.S.L. 202 2 (37A O.S. Supp. 2024,
59-Section 2-146), is amended to read as follows:
60-Section 2-146. A. The ABLE Alcoholic Beverage Laws Enforcement
61-(ABLE) Commission shall refuse to issue a wine and spirits
62-wholesaler, beer distributor, retail spirits, retail wine or retail
63-beer license, either on an original application or a renewal
64-application, if it has reasonable grounds to b elieve and finds any
65-of the following to be true:
53+SECTION 1. AMENDATORY 37A O.S. 2021, Section 1 -107, is
54+amended to read as follows:
55+Section 1-107. A. The ABLE Commission shall have the following
56+powers and duties:
57+1. To supervise, inspect and regulate every phase of the
58+business of manufacturing, importing , exporting, transporting,
59+storing, selling, distributing and possessing for the purpose of
60+sale, all alcoholic beverages which shall be necessary and proper to
61+carry out the purposes of the Oklahoma Alcoholic Beverage Control
62+Act;
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92-1. Except in the case of a beer distributor, that the applicant
93-is not a citizen of the Uni ted States or is not a qualified elector
94-in this state, or has not been a continuous resident of this state
95-for the five (5) years next preceding the application for the
96-license;
97-2. That the applicant is under twenty -one (21) years of age;
98-3. That the applicant or any partner, or spouse of the
99-applicant or any partner, has been convicted of a felony;
100-4. That the applicant or any partner, or spouse of the
101-applicant or any partner, has been convicted of a violation of any
102-state or federal law relating to a lcoholic beverages, has forfeited
103-a bond while any charge of such violation was pending, nor may any
104-license be granted for any purpose under the Oklahoma Alcoholic
105-Beverage Control Act to an Oklahoma resident, who has held or whose
106-spouse has held a Feder al Liquor Stamp in Oklahoma before the
107-adoption of Article XXVIII -A of the Oklahoma Constitution unless the
108-Liquor Stamp was granted for supplying alcoholic beverages to a
109-federal military installation, or was granted under the Oklahoma
110-Alcoholic Beverage Control Act;
111-5. That the applicant or any partner has, within twelve (12)
112-months next preceding the date of the application, violated any
113-provision of the Oklahoma Alcoholic Beverage Control Act or rule of
114-the ABLE Commission promulgated pursuant hereto. Provided, however,
115-that if the ABLE Commission has, during such twelve -month period,
89+2. To promulgate rules, in the manner herein provided, to carry
90+out the purposes of the Oklahoma Alcoholic Beverage Control Act;
91+3. To have the sole authority to issue any license provided for
92+in the Oklahoma Alcoholic Beverage Control Act and except as
93+provided in Sections 101 and 102 of this act 4-104 and 4-105 of this
94+title with respect to cities, towns and counties, and except as may
95+be provided under Title 68 of the Oklahoma Statutes with respect to
96+the Oklahoma Tax Commission, no other agency, instrumentality or
97+political subdivision of this state shall be authorized to issue any
98+license or permit allowing any licensee to engage in any activity
99+covered by the Oklahoma Alcoholic Beverage Control Act anywhere
100+within the State of Oklahoma;
101+4. To refuse to issue any license pr ovided for in the Oklahoma
102+Alcoholic Beverage Control Act for cause provided for in the
103+Oklahoma Alcoholic Beverage Control Act;
104+5. To revoke or suspend, for cause after hearing, any license
105+issued under the authority of the Oklahoma Alcoholic Beverage
106+Control Act;
107+6. To prescribe the forms of all reports which it deems
108+necessary in administering the Oklahoma Alcoholic Beverage Control
109+Act;
110+7. To fix standards not in conflict with those prescribed by
111+any law of this state or of the United States, to secu re the use of
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142-suspended any license sought to be renewed, such renewal application
143-may be approved if the term of the suspension has been completed and
144-the applicant has complied with any special conditions imposed in
145-connection with the suspension;
146-6. That the applicant is in the habit of using alcoholic
147-beverages to excess or is mentally incapacitated;
148-7. That the applicant does not own or have a written lease for
149-the premises for which a license is sought;
150-8. That the applicant, within twelve (12) months next preceding
151-the date of application , has been the holder of a license revoked
152-for cause;
153-9. That the applicant is not the real party in interest, or
154-intends to carry on the bus iness authorized by the license as the
155-agent of another;
156-10. That the applicant, in the case of an application for
157-renewal of any license, would not be eligible for such license on a
158-first application;
159-11. That the applicant is a person who appoints or i s a law
160-enforcement official or is an employee of the ABLE Commission;
161-12. That the proposed location of the lice nsed premises would
162-violate a valid municipal nondiscriminatory zoning ordinance;
163-13. That, in the case of an application for a wine and spir its
164-wholesaler license or beer distributor license, any brewer or
165-manufacturer, including an officer, director or principal
138+proper ingredients and methods of manufacture and dispensing of
139+alcoholic beverages;
140+8. To make seizures of alcoholic beverages manufactured, sold,
141+possessed, imported or transported in violation of the Oklahoma
142+Alcoholic Beverage Control Ac t, and apply for the confiscation
143+thereof whenever required by the Oklahoma Alcoholic Beverage Control
144+Act, and cooperate in the prosecution of offenders before any court
145+of competent jurisdiction;
146+9. To submit to the Governor and members of the State
147+Legislature annual or semiannual reports upon request of the
148+Governor;
149+10. To prepare an annual report by February 28 of each year
150+listing the number of licenses revok ed or suspended and the basis
151+for the action, including all complaints submitted to the ABL E
152+Commission with the complainant's name and organization. The report
153+shall also include the number of tickets written, the total amount
154+of the tickets, and the total amount penalized. The report shall be
155+delivered to the Governor, Speaker of the Oklahom a House of
156+Representatives and President Pro Tempore of the Oklahoma State
157+Senate, and made public on the ABLE Commission website;
158+11. To inspect or cause to be ins pected any premises where
159+alcoholic beverages are manufactured, stored, distributed, sold,
160+dispensed or served;
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192-stockholder thereof or any partner, has any financial interest in
193-the business to be conducted under the license, unless otherwise
194-permitted by law;
195-14. That the issuance of the license applied for would re sult
196-in a violation of any provision of the Oklahoma Alcoholic Beverage
197-Control Act;
198-15. That, in the case of an application for a wine and spirits
199-wholesaler or beer distributor l icense, the applicant or any
200-partner, or spouse of the applicant or any partner, is the holder or
201-partner of the holder of any other class of license issued under the
202-provisions of the Oklahoma Alcoholic Beverage Control Act, other
203-than an agent or employe e license for employment by the applicant,
204-or a storage license, bonded war ehouse license, carrier license or
205-private carrier license; provided, nothing shall prohibit a wine and
206-spirits wholesaler, who is otherwise qualified, from maintaining
207-beer distributor licenses in the state, nor a beer distributor, who
208-is otherwise qualified, from maintaining a wine and spirits
209-wholesaler license in the state;
210-16. That, in the case of an application for a retail spirits,
211-retail wine or retail beer license, the appl icant or any partner is
212-the holder or partner of the holder, or employee of such holder of
213-any other class of lice nse issued under the provisions of the
214-Oklahoma Alcoholic Beverage Control Act, other than a storage
215-license or an employee license for the pr oposed licensed premises of
187+11. 12. In the conduct of any hearing authorized to be held by
188+the ABLE Commission:
189+a. to examine or cause to be examined, under oath, any
190+person,
191+b. to examine or cause to be examined books and records
192+of any licensee,
193+c. to hear testimony and take proof material for the ABLE
194+Commission's information and the discharge of its
195+duties hereunder,
196+d. to administer or cause to be administered oaths, a nd
197+e. to issue subpoenas for the attendance of witnesses and
198+the production of books or rec ords which shall be
199+effective in any part of the state. Any district
200+court or any judge thereof, either in term or
201+vacation, may by order duly entered require the
202+attendance of witnesses and the production of relevant
203+books or records subpoenaed by the AB LE Commission,
204+and the court or judge may compel obedience to the
205+order by proceedings for contempt;
206+12. 13. To prescribe the kind and size of retail containers of
207+alcoholic beverages which may be purchased, possessed and sold by a
208+licensee;
209+13. 14. To prescribe by rule, in addition to those herein
210+required, the kinds of records to be kept and reports to be rendered
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242-the applicant,; provided, nothing in this title shall prohibit an
243-applicant for a retail wine and/or or retail beer license from
244-maintaining a separate mixed beverage, caterer, mixed
245-beverage/caterer combination license, and/or or an on-premises beer
246-and wine license; or
247-17. That the applicant or any partner, spouse, employee or
248-other person affiliated with the applicant is not in compliance with
249-the tax laws of this state as required in Article XXVIII -A of the
250-Oklahoma Constitution.
251-B. A beer distributor licensee and wine and spirits wholesaler
252-licensee under common ownership shall not be limited in the types of
253-business entities which may obtain a wine and spirits wholesaler
254-license. Nothing in this subsection shall be construed to apply to
255-a retail spirits license due to the need for strict liabili ty
256-related to sales directly to consume rs and in the interest of public
257-safety.
258-C. The provisions of this section shall not operate to prohibit
259-the issuance of a beer distributor l icense to a corporation or,
260-partnership or limited liability company.
237+by licensees, and the information to be shown therein; provided,
238+that the period for which all such records and reports be retained
239+shall not be less than five (5) years;
240+14. 15. To gather, compile and print such statistical data as
241+may in the opinion of the ABLE Commission be needed or useful, and
242+prescribe charges or fees to be collected from any person or company
243+to whom such data shall be provided. No reports shall contain sales
244+information by name or license number;
245+15. 16. To educate persons employed by licensees to sell or
246+serve alcoholic beverages as to the provisions of Article XXVIII -A
247+of the Oklahoma Constitution and the Oklahoma A lcoholic Beverage
248+Control Act, with emphasis on recognizing and preventing
249+intoxication and particular emphasis on those provisions prohibiting
250+the selling or servin g of alcoholic beverages to minors. The ABLE
251+Commission may contract with one or more enti ties, including but not
252+limited to the Oklahoma Department of Mental Health and Substance
253+Abuse Services, to perform the duties specified in this paragraph;
254+16. 17. To purchase motor vehicles necessary for use in its
255+operations. Such motor vehicles shall not be required to have any
256+type of identifying marking thereon;
257+17. 18. To purchase insurance on the motor vehicles owned and
258+operated by the ABLE Commission in a ccordance with statutory
259+provisions, subject to the approval of the Risk Management
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286+Administrator as provided for in Section 85.58A of Title 74 of the
287+Oklahoma Statutes;
288+18. 19. To approve or reject any official bond required to be
289+filed with the ABLE Commission; and
290+19. 20. To exercise all other powers and duties conferred by
291+the Oklahoma Alcoholic Beverage Control Act, and all powers
292+incidental, convenient or necessary to enable it to administer or
293+carry out any of the provisions of the Oklahoma Alcohol ic Beverage
294+Control Act.
295+B. The ABLE Commission shall promulgate rules, pursuant to the
296+Administrative Procedures Act, to carry out the purposes of the
297+Oklahoma Alcoholic Beverage Control Act.
261298 SECTION 2. This act shall become effective November 1, 2025.
299+Passed the House of Representatives the 13th day of March, 2025.
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263-60-1-2059 CAD 4/24/2025 12:10:11 PM
301+
302+
303+
304+ Presiding Officer of the House
305+ of Representatives
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308+Passed the Senate the _____ day of __________, 2025.
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313+ Presiding Officer of the Senate