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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2369 By: Hill
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; creating the
Marissa Murrow Act; providing short title; amending
37A O.S. 2021, Section 1 -103, as last amended by
Section 1, Chapter 416, O.S.L. 2024 (37A O.S. Supp.
2024, Section 1-103), which relates to definitions;
defining term; amending 37A O.S. 2021, Section 2 -101,
as amended by Section 3, Chapter 338, O.S.L. 2023
(37A O.S. Supp. 2024, Section 2 -101), which relates
to license fees; providing fee for event bartender
license; amending 37A O.S. 2021, Section 2 -113, as
last amended by Section 1, Chapter 238, O.S.L. 2024
(37A O.S. Supp. 2024, Section 2 -113), which relates to
rules and regulations of caterer license; providing
who may serve beer and wine at an event venue;
providing requisites for issuance of an event
bartender license; providing that proof of training
shall be furnished in certain circumstances;
providing for revocable offense for event bartender
violations; providing for noncodification; 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 not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Marissa Murrow
Act".
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SECTION 2. AMENDATORY 37A O.S. 2021, Section 1 -103, as
last amended by Section 1, Chapter 416, O.S.L. 2024 (37A O.S. Supp.
2024, Section 1-103), is amended to read as follows:
Section 1-103. As used in the Oklahoma Alcoholic Beverage
Control Act:
1. "ABLE Commission" or "Commission" means the Alcoholic
Beverage Laws Enforcement Commission;
2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol or spirits of wine, from whatever source or by
whatever process produced. It does not include wood alcohol or
alcohol which has been denatured or p roduced as denatured in
accordance with Acts of Congress and regulations promulgated
thereunder;
3. "Alcoholic beverage" means alcohol, spirits, beer and wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, cont aining alcohol, spirits, wine or beer
and capable of being consumed as a beverage by human beings;
4. "Applicant" means any individual, legal or commercial
business entity, or any individual involved in any legal or
commercial business entity allowed to h old any license issued in
accordance with the Oklahoma Alcoholic Beverage Control Act;
5. "Beer" means any beverage containing more than one -half of
one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of an infusion or deco ction of barley, or
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other grain, sugar, malt or similar products. For the purposes of
taxation, distribution, sales, and regulation, seltzer shall mean
the same as beer as provided in this section. Beer may or may not
contain hops or other vegetable prod ucts. Beer includes, among
other things, beer, ale, stout, lager beer, porter, seltzer, and
other malt or brewed liquors, but does not include sake, known as
Japanese rice wine;
6. "Beer keg" means any brewer-sealed, single container that
contains not less than four (4) gallons of beer;
7. "Beer distributor" means and includes any person licensed to
distribute beer for retail sale in this state, but does not include
a holder of a small brewer self -distribution license or brewpub
self-distribution license . The term distributor, as used in the
Oklahoma Alcoholic Beverage Control Act, shall be construed to refer
to a beer distributor;
8. "Bottle club" means any establishment in a county which has
not authorized the retail sale of alcoholic beverages by the
individual drink, which is required to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. "Bottle service" means the sale and provision of spirits in
their original packages by a mixed beverage licensee to be consumed
in that mixed beverage licensee 's club suite;
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10. "Brand" means any word, name, group of letters, symbol or
combination thereof, that is adopted and used by a licensed brewer
to identify a specific beer, wine or spirit and to distinguish th at
product from another beer, wine or spirit;
11. "Brand extension" means:
a. after October 1, 2018, any brand of beer or cider
introduced by a manufacturer in this state which
either:
(1) incorporates all or a substantial part of the
unique features of a preexisting brand of the
same licensed brewer, or
(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
b. any brand of beer that a brewer, the majority of whose
total volume of all brands of beer distributed in this
state by such brewer on January 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporated all or a substantial
part of the unique features of a preexisting low -
point beer brand of the same licensed brewer, or
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(2) relies or relied to a significant extent on the
goodwill associated with a preexisting low -point
beer brand;
12. "Brewer" means and includes any person who manufactures for
human consumption by the use of raw materials or other ingredients
any beer or cider upon which a license fee and a tax are imposed by
any law of this state;
13. "Brewpub" means a licensed establishment operated on the
premises of, or on premises located contiguous to, a small brewer,
that prepares and serves food and beverages, including alcoholic
beverages, for on-premises consumption;
14. "Cider" means any alcoholic beverage obtained by the
alcoholic fermentation of fruit juice, including but not limited to
flavored, sparkling or carbonated cider. For the purposes of the
manufacture of this product, cider may be manufactured by either
manufacturers or brewers. For the purposes of the distribution of
this product, cider may be distributed by either wine and spirits
wholesalers or beer distributors;
15. "Club suite" means a designated area within the premises of
a mixed beverage licensee designed to provide an exclusive space
which is limited to a patron or patrons s pecifically granted access
by a mixed beverage licensee and is not accessible to other patrons
of the mixed beverage licensee or the public. A club suite must
have a clearly designated point of access for a patron or patrons
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specifically granted access by the mixed beverage licensee to ensure
that persons present in the suite are limited to patrons
specifically granted access by the mixed beverage licensee and
employees providing services to the club suite;
16. "Cocktail" means a type of mixed beverage as defined in
Section 7-102 of this title;
17. "Convenience store" means any person primarily engaged in
retailing a limited range of general household items and groceries,
with extended hours of operation, whether or not engaged in retail
sales of automotive fuels in combination with such sales;
18. "Convicted" and "conviction" mean and include a finding of
guilt resulting from a plea of guilty or nolo contendere, the
decision of a court or magistrate or the verdict of a jury,
irrespective of the pronounce ment of judgment or the suspension
thereof;
19. "Designated products" means the brands of wine or spirits
offered for sale by a manufacturer that the manufacturer has
assigned to a designated wholesaler for exclusive distribution;
20. "Designated wholesaler" means a wine and spirits wholesaler
who has been selected by a manufacturer as a wholesaler appointed to
distribute designated products;
21. "Director" means the Director of the ABLE Commission;
22. "Distiller" means any person who produces spirits from any
source or substance, or any person who brews or makes mash, wort or
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wash, fit for distillation or for the production of spirits (except
a person making or using such material in the authorized production
of wine or beer, or the production of vineg ar by fermentation), or
any person who by any process separates alcoholic spirits from any
fermented substance, or any person who, making or keeping mash, wort
or wash, has also in his or her possession or use a still;
23. "Distributor agreement " means the written agreement between
the distributor and brewer as set forth in Section 3 -108 of this
title;
24. "Drug store" means a person primarily engaged in retailing
prescription and nonprescription drugs and medicines;
25. "Event venue" means any nongovernmental location, property,
space, premises, grounds, building or buildings, or other site that
offers to the general public for rent, lease, reservation, or other
contractual use, for the hosting of a function, occasion, or event,
special, private, or publ ic, of a temporary nature. The location,
property, space, premises, grounds, or building or buildings defined
in this paragraph shall not include those owned, leased, or occupied
by organizations exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section 501(c)(3);
26. "Dual-strength beer" means a brand of beer that,
immediately prior to April 15, 2017, was being sold and distributed
in this state:
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a. as a low-point beer pursuant to the Low -Point Beer
Distribution Act in effect immediately prior to
October 1, 2018, and
b. as strong beer pursuant to the Oklahoma Alcoholic
Beverage Control Act in effect immediately prior to
October 1, 2018,
and continues to be sold and distributed as such on October 1,
2018. Dual-strength beer does not include a brand of beer that
arose as a result of a brand extension as defined in this section;
26. 27. "Fair market value" means the value in the subject
territory covered by the written agreement with the distributor or
wholesaler that would be determined in an arm 's length transaction
entered into without duress or threat of termination of the
distributor's or wholesaler's rights and shall include all elements
of value, including goodwill and going -concern value;
27. 28. "Good cause" means:
a. failure by the distributor to comply with the material
and reasonable provisions of a written agreement or
understanding with the brewer, or
b. failure by the distributor to comply with the duty of
good faith;
28. 29. "Good faith" means the duty of each party to any
distributor agreement and all officers, employees or agents thereof
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to act with honesty in fact and within reasonable standards of fair
dealing in the trade;
29. 30. "Grocery store" means a person primarily engaged in
retailing a general line of food, such as canned or frozen foods,
fresh fruits and vegetables, and fresh and prepared meats, fish and
poultry;
30. 31. "Hotel" or "motel" means an establishment which is
licensed to sell alcoholic beverages by the individual drink and
which contains guest room accommodations with respect to which the
predominant relationship existing between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest. For purposes of this section, the existence of ot her legal
relationships as between some occupants and the owner or operator
thereof shall be immaterial;
31. 32. "Legal newspaper" means a newspaper meeting the
requisites of a newspaper for publication of legal notices as
prescribed in Sections 101 throu gh 114 of Title 25 of the Oklahoma
Statutes;
32. 33. "Licensee" means any person holding a license under the
Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
employee of such licensee while in the performance of any act or
duty in connection with the licensed business or on the licensed
premises;
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33. 34. "Low-point beer" shall mean any beverages containing
more than one-half of one percent (1/2 of 1%) alcohol by volume, and
not more than three and two -tenths percent (3.2%) alcohol by wei ght,
including but not limited to beer or cereal malt beverages obtained
by the alcoholic fermentation of an infusion by barley or other
grain, malt or similar products;
34. 35. "Manufacturer" means a distiller, winemaker, rectifier
or bottler of any alco holic beverage (other than beer) and its
subsidiaries, affiliates and parent companies;
35. 36. "Manufacturer's agent" means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of the
manufacturer or nonresident seller in t his state;
36. 37. "Meals" means foods commonly ordered at lunch or dinner
and at least part of which is cooked on the licensed premises and
requires the use of dining implements for consumption. Provided,
that the service of only food such as appetizers , sandwiches, salads
or desserts shall not be considered meals;
37. 38. "Mini-bar" means a closed container, either
refrigerated in whole or in part, or unrefrigerated, and access to
the interior of which is:
a. restricted by means of a locking device whi ch requires
the use of a key, magnetic card or similar device, or
b. controlled at all times by the licensee;
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38. 39. "Mixed beverage cooler " means any beverage, by whatever
name designated, consisting of an alcoholic beverage and fruit or
vegetable juice, fruit or vegetable flavorings, dairy products or
carbonated water containing more than one -half of one percent (1/2
of 1%) of alcohol measured by volume but not more than seven percent
(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seventy -five
(375) milliliters. Such term shall include but not be limited to
the beverage popularly known as a "wine cooler";
39. 40. "Mixed beverages" means one or more servings of a
beverage composed in whole or in part of an alcoholic beverage in a
sealed or unsealed container of any legal size for consumption on
the premises where served or sold by the holder of a mixed beverage,
beer and wine, caterer, public event, charitable event or special
event license; provided, that a beer, cider, or wine mixed with
ingredients nonalcoholic in nature including, but not limited to,
water, juice, sugar, fruits, or vegetables and sold by a small
brewer, brewpub, small farm winery, or winemaker, shall not be
considered a mixed beverage so long as such small brewer, brewpub,
small farm winery, or winemaker does not also hold an on -premises
beer and wine, mixed beverage, caterer, public event, or special
event license, if permitted by law;
40. 41. "Motion picture theater" means an establishment which
is licensed by Section 2 -110 of this title to sell alcoholic
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beverages by the individual drink and where motion pictures are
exhibited, and to which the general public is admitted;
41. 42. "Nondesignated products " means the brands of wine or
spirits offered for sale by a manufacturer that have not been
assigned to a designated wholesaler;
42. 43. "Nonresident seller" means any person licensed pursuant
to Section 2-135 of this title;
43. 44. "Retail salesperson" means a salesperson soliciting
orders from and calling upon retail alcoholic beverage stores with
regard to his or her product;
44. 45. "Occupation" as used in connection with "occupation
tax" means the sites occupied as the places of business of the
manufacturers, brewers, wholesalers, beer distributors, retailers,
mixed beverage licensees, on -premises beer and wine licensees,
bottle clubs, caterers, public event and special event licensees;
45. 46. "Original package" means any container of alcoholic
beverage filled and stamped or sealed by the manufacturer or brewer;
46. 47. "Package store" means any sole proprietor or
partnership that qualifies to sell wine, beer and/or spirits for
off-premises consumption and that is not a grocery store,
convenience store or drug store, or other retail outlet that is not
permitted to sell wine or beer for off -premises consumption;
47. 48. "Patron" means any person, customer or visitor who is
not employed by a licensee or who is not a licensee;
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48. 49. "Person" means an individual, any type of partnership,
corporation, association, limited liability company or any
individual involved in the legal structure of any such business
entity;
49. 50. "Premises" means the grounds and all buildings and
appurtenances pertaining to t he grounds including any adjacent
premises if under the direct or indirect control of the licensee and
the rooms and equipment under the control of the licensee and used
in connection with or in furtherance of the business covered by a
license. Provided, that the ABLE Commission shall have the
authority to designate areas to be excluded from the licensed
premises solely for the purpose of:
a. allowing the presence and consumption of alcoholic
beverages by private parties which are closed to the
general public, or
b. allowing the services of a caterer serving alcoholic
beverages provided by a private party.
This exception shall in no way limit the licensee 's concurrent
responsibility for any violations of the Oklahoma Alcoholic Beverage
Control Act occurring on the licensed premises;
50. 51. "Private event" means a social gathering or event
attended by invited guests who share a common cause, membership,
business or task and have a prior established relationship. For
purposes of this definition, advertiseme nt for general public
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attendance or sales of tickets to the general public shall not
constitute a private event;
51. 52. "Public event" means any event that can be attended by
the general public;
52. 53. "Rectifier" means any person who rectifies, purifi es or
refines spirits or wines by any process (other than by original and
continuous distillation, or original and continuous processing, from
mash, wort, wash or other substance, through continuous closed
vessels and pipes, until the production thereof is complete), and
any person who, without rectifying, purifying or refining spirits,
shall by mixing (except for immediate consumption on the premises
where mixed) such spirits, wine or other liquor with any material,
manufactures any spurious, imitation or compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
or any other name;
53. 54. "Regulation" or "rule" means a formal rule of general
application promulgated by the ABLE Commission as herein required;
54. 55. "Restaurant" means an establishment that is licensed to
sell alcoholic beverages by the individual drink for on -premises
consumption and where food is prepared and sold for immediate
consumption on the premises;
55. 56. "Retail container for spirits and win es" means an
original package of any capacity approved by the United States
Bureau of Alcohol, Tobacco, Firearms and Explosives;
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56. 57. "Retailer" means a package store, grocery store,
convenience store or drug store licensed to sell alcoholic beverages
for off-premises consumption pursuant to a retail spirits license,
retail wine license or retail beer license;
57. 58. "Sale" means any transfer, exchange or barter in any
manner or by any means whatsoever, and includes and means all sales
made by any person, whether as principal, proprietor or as an agent,
servant or employee. The term sale is also declared to be and
include the use or consumption in this state of any alcoholic
beverage obtained within or imported from without this state, upon
which the excise tax levied by the Oklahoma Alcoholic Beverage
Control Act has not been paid or exempted;
58. 59. "Seltzer" means any beverage containing more than one -
half of one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of ma lt, rice, grain of any kind, bran,
glucose, sugar, or molasses and combined with carbonated water and
other flavoring and labeled as "beer" by the Internal Revenue Code;
provided, that seltzer shall not include carbonated beverages mixed
with wine or spirits;
59. 60. "Short-order food" means food other than full meals
including but not limited to sandwiches, soups and salads.
Provided, that popcorn, chips and other similar snack food shall not
be considered short-order food;
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60. 61. "Small brewer" means a brewer who manufactures less
than sixty-five thousand (65,000) barrels of beer annually pursuant
to a validly issued small brewer license hereunder;
61. 62. "Small farm wine" means a wine that is produced by a
small farm winery with seventy -five percent (75%) or more Oklahoma-
grown grapes, berries, other fruits, honey or vegetables;
62. 63. "Small farm winery" means a wine-making establishment
that does not annually produce for sale more than fifteen thousand
(15,000) gallons of wine as reported on the United States Department
of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
63. 64. "Sparkling wine" means champagne or any artificially
carbonated wine;
64. 65. "Special event" means an entertainment, recreation or
marketing event that occurs at a single location on an irregular
basis and at which alcoholic beverages are sold;
65. 66. "Spirits" means any beverage other than wine or beer,
which contains more than one -half of one percent (1/2 o f 1%) alcohol
measured by volume, and obtained by distillation, whether or not
mixed with other substances in solution and includes those products
known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and
fortified wines and similar compounds, but shall not include any
alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto;
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66. 67. "Strong beer" means beer which, prior to October 1,
2018, was distributed pursuant to the Oklahoma Alcoholic Bevera ge
Control Act, Section 1 -101 et seq. of this title;
67. 68. "Successor brewer" means a primary source of supply, a
brewer, a cider manufacturer or an importer that acquires rights to
a beer or cider brand from a predecessor brewer;
68. 69. "Tax Commission" means the Oklahoma Tax Commission;
69. 70. "Territory" means a geographic region with a specified
boundary;
70. 71. "Wine and spirits wholesaler " or "wine and spirits
distributor" means and includes any sole proprietorship or
partnership licensed to distribute wine and spirits in this state.
The term "wholesaler", as used in the Oklahoma Alcoholic Beverage
Control Act, shall be construed to refer to a wine and spirits
wholesaler;
71. 72. "Wine" means and includes any beverage containing more
than one-half of one percent (1/2 of 1%) alcohol by volume and not
more than twenty-four percent (24%) alcohol by volume at sixty (60)
degrees Fahrenheit obtained by the fermentation of the natural
contents of fruits, vegetables, honey, milk or other products
containing sugar, whether or not other ingredients are added, and
includes vermouth and sake, known as Japanese rice wine;
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72. 73. "Winemaker" means and includes any person or
establishment who manufactures for human consumption any wine upon
which a license fee and a tax are imposed by any law of this state;
73. 74. "Satellite tasting room " means a licensed establishment
operated off the licensed premises of the holder of a small farm
winery or winemaker license, which serves wine for on -premises or
off-premises consumption; and
74. 75. "Straw testing" means the consumption of a de minimis
amount of an alcoholic beverage by sanitary means by the holder of
an employee license, twenty -one (21) years of age or older, to
determine the quality or desired flavor profile of such alcoholic
beverage that has been serviced, or is to be served, to a patron.
Words in the plural include the singular, and vice versa, and
words imparting the masculine gender include the feminine, as well
as persons and licensees as defined in this section.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2 -101, as
amended by Section 3, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2024,
Section 2-101), is amended to read as follows:
Section 2-101. A. Except as otherwise p rovided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
1. Brewer License................................ .. $1,250.00
2. Small Brewer License .............................. $125.00
3. Distiller License ............................... $3,125.00
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4. Winemaker License ................................ . $625.00
5. Small Farm Winery License.......................... $75.00
6. Rectifier License ............................... $3,125.00
7. Wine and Spirits Wholesaler License ............. $3,000.00
8. Beer Distributor License .......................... $750.00
9. The following retail spirits license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,500 population .......... $305.00
b. Retail Spirits License for cities and
towns from 2,501 to 5,000 population ........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 population ................. $905.00
10. Retail Wine License............................ $1,000.00
11. Retail Beer License .............................. $500.00
12. Mixed Beverage License ......................... $1,005.00
(initial license)
$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License ..... $1,250.00
14. On-Premises Beer and Wine License ................ $500.00
(initial license)
$450.00
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(renewal)
15. Bottle Club License ............................ $1,000.00
(initial license)
$900.00
(renewal)
16. Caterer License ................................ $1,005.00
(initial license)
$905.00
(renewal)
17. Annual Special Event License ...................... $55.00
18. Quarterly Special Event License ................... $55.00
19. Hotel Beverage License......................... $1,005.00
(initial license)
$905.00
(renewal)
20. Airline/Railroad/Commercial Passenger Vessel Beverage
License................................ ........ $1,005.00
(initial license)
$905.00
(renewal)
21. Agent License................................ ..... $55.00
22. Employee License ................................ .. $30.00
23. Industrial License................................ $23.00
24. Carrier License................................ ... $23.00
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25. Private Carrier License ........................... $23.00
26. Bonded Warehouse License ......................... $190.00
27. Storage License ................................ ... $23.00
28. Nonresident Seller License ...................... $750.00
29. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year........................... $50.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year........................... $75.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $150.00
30. Manufacturer's Agent License...................... $55.00
31. Sacramental Wine Supplier License ................ $100.00
32. Charitable Auction License......................... $1.00
33. Charitable Alcoholic Beverage License ............. $55.00
34. Winemaker Self-Distribution License:
a. produced ten thousand (10,000) gallons
or less in last calendar year ............... $350.00
b. produced more than ten thousand
(10,000) gallons but no more than
fifteen thousand (15,000) gallons in
last calendar year.......................... $750.00
35. Annual Public Event License .................... $1,005.00
36. One-Time Public Event License .................... $255.00
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37. Small Brewer Self -Distribution License:
a. produced fifteen thousand (15,000)
barrels or less in last calendar year....... $350.00
b. produced more than fifteen thousand
(15,000) barrels in last calendar year ...... $750.00
38. Brewpub License ................................ $1,005.00
39. Brewpub Self-Distribution License ................ $750.00
40. Complimentary Beverage License .................... $75.00
41. Satellite Tasting Room License................... $100.00
42. Event Bartender License........................... $50.00
B. 1. There shall be added to the initial or renewal fees for
a mixed beverage license an administrative fee, which shall not be
deemed to be a license fee, in the amount of Five Hundred Dol lars
($500.00), which shall be paid at the same time and in the same
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee shall not be assessed against
service organizations or fraternal beneficiary soci eties which are
exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
Code.
2. There shall be added to the fee for a mixed beverage/caterer
combination license an administrative fee, which shall not be deemed
to be a license fee, in the amo unt of Two Hundred Fifty Dollars
($250.00), which shall be paid at the same time and in the same
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manner as the license fee prescribed by paragraph 13 of subsection A
of this section.
C. Notwithstanding the provisions of subsection A of this
section:
1. The license fee for a mixed beverage or bottle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
year; and
2. The renewal fee for an airline/railroad/commercial passenger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00).
D. An applicant may apply for and receive both an on -premises
beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses shall be valid for two
(2) years.
F. The holder of a license, issued by the ABLE Commission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the individual drink for on -premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage license or an on -premises beer and wine
license and operate the licensed premises as a mixed beverage
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establishment or an on -premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
There shall be no additional fee for such exchange and the mixed
beverage license or on -premises beer and wine license issued shall
expire one (1) year from the date of issuance of the original bottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller License ...................... $2,500.00
2. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year.......................... $100.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year.......................... $225.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $450.00
3. Wine and Spirits Wholesaler License ............. $2,500.00
4. Beer Distributor ................................ $1,000.00
5. Retail Spirits License for cities and towns
over 5,000 population .......................... $250.00
6. Retail Spirits License for cities and towns
from 2,501 to 5,000 population ................. $200.00
7. Retail Spirits License for cities and towns
from 200 to 2,500 population ................... $150.00
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8. Retail Wine License ............................... $250.00
9. Retail Beer License ............................... $250.00
10. Mixed Beverage Li cense............................ $25.00
11. Mixed Beverage/Caterer Combination License ........ $25.00
12. Caterer License ................................ ... $25.00
13. On-Premises Beer and Wine License ................. $25.00
14. Annual Public Event License ....................... $25.00
15. Small Farm Winery License ......................... $25.00
16. Small Brewer License .............................. $35.00
17. Complimentary Beverage License .................... $25.00
The surcharge shall be paid concurrent with the licensee 's
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee, shall be deposited in the Alcoholic Beverage
Governance Revolving Fund established pursuant to Section 5 -128 of
this title.
H. Any license issued by the ABLE Commission under this title
may be relied upon by other licensees as a valid license, and no
other licensee shall have any obligation to independently determine
the validity of such license or be held liable solely as a
consequence of another licensee 's failure to maintain a valid
license.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 2 -113, as
last amended by Section 1, Chapter 238, O.S.L. 2024 (37A O.S. Supp.
2024, Section 2-113), is amended to read as follows:
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Section 2-113. A. 1. A caterer license may be issued to any
person for the purpose of sale, delivery or distribution of
alcoholic beverages incidental to the sale or distribution of food
on a premises not licensed by the ABLE Commission. For purposes of
this section, "incidental to the sale or distribution of food " means
food sales constituting at least thirty -five percent (35%) of the
caterer's total combined annual sales. A cat erer license shall not
be issued to a person whose main purpose is the sale of alcoholic
beverages.
2. A caterer license may only be issued to those persons that
prepare, sell and distribute food for consumption either on licensed
or unlicensed premises. In order to renew a caterer license, annual
food sales must constitute at least thirty -five percent (35%) of the
caterer's total combined sales based on the most recent calendar
year. A caterer shall not be required to prepare, sell and
distribute food at every catered event as long as the caterer
satisfies the requirement set forth in this section.
3. Each caterer shall submit an annual sales report containing
revenue attributable to alcoholic beverages, food and all other
revenues attributable to the c atering service. The annual sales
report must be submitted thirty (30) days prior to expiration of the
caterer license on forms prescribed by the ABLE Commission. The
caterer license may not be renewed if the caterer fails to provide
complete or sufficie nt financial data.
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4. Each caterer shall submit a monthly event report containing
information on all events scheduled for the subsequent month. If an
event is scheduled after the first day of the month for an event to
occur in the same month, then the ca terer shall report that event
within twenty-four (24) hours of scheduling the event or within
twenty-four (24) hours prior to the event, whichever occurs first.
The monthly event report shall be submitted on the first day of each
month.
5. All reports shall be submitted electronically on forms
prescribed by the ABLE Commission. Provided, if the caterer does
not have access to the Internet, then monthly reports must be
submitted by facsimile to the ABLE Commission 's office in Oklahoma
City, in which case the caterer must retain a copy of the facsimile
confirmation sheet for at least twelve (12) months.
6. Any caterer who fails to submit a monthly report shall have
the caterer license automatically suspended until such time that the
caterer has fully compl ied with all reporting requirements. Any
caterer whose annual food sales do not exceed thirty -five percent
(35%) of his or her total annual combined sales shall not have the
caterer's license renewed.
B. The ABLE Commission shall promulgate rules governi ng the
application for and the issuance of caterer licenses.
C. The restrictions and rules which apply to the sale of mixed
beverages on the premises of a mixed beverage licensee also apply to
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the sale under the authority of a caterer license. Any act wh ich if
done on the premises of a mixed beverage licensee would be a ground
for revocation or suspension of the mixed beverage license is a
ground for revocation or suspension of a caterer license.
D. If the premises where the event being catered is held a re
already operating pursuant to another type of license issued by the
ABLE Commission, the caterer and the other licensee shall both be
responsible for the actions of the caterer and shall both be subject
to penalties for violations by the caterer of the Oklahoma Alcoholic
Beverage Control Act and any rules promulgated thereto.
E. A caterer licensee may not store alcoholic beverages unless
the licensee has a storage license issued by the ABLE Commission. A
caterer licensee selling beer and cider to consu mers shall only
purchase such beer and cider from the distributor or wholesaler
within the county in which the licensee will be selling the beer and
cider to consumers.
F. A caterer may provide alcoholic beverage sales on the
premises of a person currentl y applying for an on-premises beer and
wine license, mixed beverage/caterer combination license, or mixed
beverage license, provided the following terms have been satisfied:
1. The caterer shall take reasonable steps to ensure that the
on-premises beer and wine applicant, mixed beverage/caterer
combination applicant, or mixed beverage applicant uses only
licensed employees to perform licensable activities while using the
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caterer's license. The caterer shall use his or her best efforts to
attempt to have a licensed employee on-site supervising the sale of
such caterer's alcoholic beverages at all times, but the caterer
shall not be disciplined for failing to have a licensed employee on -
site. The caterer expressly acknowledges that he or she is liable
for all violations of the Oklahoma Alcoholic Beverage Control Act
and rules of the ABLE Commission that are committed by the on -
premises beer and wine applicant, the mixed beverage/caterer
combination applicant, or the mixed beverage applicant and its
employees during this period;
2. The caterer and the on -premises beer and wine applicant, the
mixed beverage/caterer combination applicant, or the mixed beverage
applicant must submit to the ABLE Commission a written agreement
setting forth all the terms of the ca tering agreement at least
twenty-four (24) hours prior to the commencement of the catered
event;
3. The caterer may not provide alcoholic beverage sales on the
unlicensed premises of the on -premises beer and wine applicant,
mixed beverage/caterer combinat ion applicant, or the mixed beverage
applicant for more than sixty (60) days, or after the applicant 's
license has been denied, whichever occurs first;
4. The caterer may be issued a storage license to be used to
store any alcoholic beverages purchased pu rsuant to this subsection
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on the unlicensed premises of the applicant during the period of the
written agreement; and
5. Upon the issuance of a license to the on -premises beer and
wine applicant, the mixed beverage/caterer combination applicant, or
the mixed beverage applicant, any alcoholic beverages on the
licensed storage premises may be transferred by the caterer t o the
on-premises beer and wine licensee, the mixed beverage/caterer
combination licensee, or the mixed beverage lice nsee consistent with
the provisions of Section 2-155 of this title.
G. A caterer may provide alcoholic beverage services for
temporary public events which have been licensed and approved by the
ABLE Commission.
H. A caterer may provide alcoholic beverage services for a
mixed beverage licensee which h olds a live performing arts
presentation and is open to the public not more than one hund red
twenty (120) days per year.
I. All alcoholic beverages served on the premises of an event
venue must be served by an ABLE licensed caterer or event bartender
licensee. As a prerequisite to the issuance of an event bartender
license, not later than fourteen (14) days after initial licensure,
the event bartender licensee shall be required to have successfully
completed an in-person training program conducted by an entity
approved by the ABLE Commission. Proof of training completion shall
be made available for inspection by the ABLE Commission at the event
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venue location. The failure of an event bartender to comply with
this section may constitute a revocable offense.
SECTION 5. This act shall become effective Novemb er 1, 2025.
60-1-13241 TKR 03/06/25