| 41 | | - | Marissa Murrow Act; amending 37A O.S. 2021, Section |
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| 42 | | - | 1-103, as last amended by Section 1, Chapter 416, |
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| 43 | | - | O.S.L. 2024 (37A O.S. Supp. 2024, Section 1 -103), |
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| 44 | | - | which relates to definitions; defining term; amending |
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| 45 | | - | 37A O.S. 2021, Section 2 -101, as amended by Section |
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| 46 | | - | 3, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2024, |
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| 47 | | - | Section 2-101), which relates to lice nse fees; |
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| 48 | | - | providing fee for event bartender license; amending |
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| 49 | | - | 37A O.S. 2021, Section 2 -113, as last amended by |
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| 50 | | - | Section 1, Chapter 238, O.S.L. 2024 (37A O.S. Supp. |
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| 51 | | - | 2024, Section 2-113), which relates to rules and |
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| 52 | | - | regulations of caterer license; providing wh o may |
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| 53 | | - | serve beer and wine at an event venue; providing |
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| 54 | | - | requisites for issuance of an event bartender |
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| 55 | | - | license; providing that proof of training shall be |
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| 56 | | - | furnished in certain circumstances; providing for |
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| 57 | | - | revocable offense for event bartender violations; |
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| 58 | | - | providing for noncodification; and providing an |
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| 59 | | - | effective date. |
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| 50 | + | Marissa Murrow Act; providing short title; amending |
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| 51 | + | 37A O.S. 2021, Section 1 -103, as last amended by |
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| 52 | + | Section 1, Chapter 416, O.S.L. 2024 (37A O.S. Supp. |
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| 53 | + | 2024, Section 1-103), which relates to definitions; |
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| 54 | + | defining term; amending 37A O.S. 2021, Section 2 -101, |
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| 55 | + | as amended by Section 3, Chapter 338, O.S.L. 2023 |
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| 56 | + | (37A O.S. Supp. 2024, Section 2 -101), which relates |
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| 57 | + | to license fees; providing fee for event barten der |
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| 58 | + | license; amending 37A O.S. 2021, Section 2 -113, as |
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| 59 | + | last amended by Section 1, Chapter 238, O.S.L. 2024 |
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| 60 | + | (37A O.S. Supp. 2024, Section 2 -113), which relates to |
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| 61 | + | rules and regulations of caterer license; providing |
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| 62 | + | who may serve beer and wine at an event ve nue; |
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| 63 | + | providing requisites for issuance of an event |
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| 64 | + | bartender license; providing that proof of training |
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| 65 | + | shall be furnished in certain circumstances; |
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| 66 | + | providing for revocable offense for event bartender |
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| 67 | + | violations; providing for noncodification; and |
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| 68 | + | providing an effective date. |
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| 95 | 105 | | SECTION 2. AMENDATORY 37A O.S. 2021, Section 1 -103, as |
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| 96 | 106 | | last amended by Section 1, Chapter 416, O.S.L. 2024 (37A O.S. Supp. |
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| 97 | 107 | | 2024, Section 1-103), is amended to read as follows: |
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| 98 | 108 | | Section 1-103. As used in the Oklahoma Alcoholic Beverage |
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| 99 | 109 | | Control Act: |
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| 100 | 110 | | 1. "ABLE Commission" or "Commission" means the Alcoholic |
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| 101 | 111 | | Beverage Laws Enforcement Commission; |
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| 102 | 112 | | 2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl |
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| 103 | 113 | | alcohol, ethanol or spirits of wine, from whatever sou rce or by |
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| 104 | 114 | | whatever process produced. It does not include wood alcohol or |
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| 105 | 115 | | alcohol which has been denatured or produced as denatured in |
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| 106 | 116 | | accordance with Acts of Congress and regulations promulgated |
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| 107 | 117 | | thereunder; |
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| 108 | 118 | | 3. "Alcoholic beverage" means alcohol, spirits, beer and wine |
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| 109 | 119 | | as those terms are defined herein and also includes every liquid or |
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| 110 | 120 | | solid, patented or not, containing alcohol, spirits, wine or beer |
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| 111 | 121 | | and capable of being consumed as a beverage by human beings; |
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| 112 | 122 | | 4. "Applicant" means any individual, legal or commercial |
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| 113 | 123 | | business entity, or any individual involved in any legal or |
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| 145 | 156 | | other grain, sugar, malt or similar products. For the purposes of |
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| 146 | 157 | | taxation, distribution, sales, and regulation, seltzer sha ll mean |
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| 147 | 158 | | the same as beer as provided in this section. Beer may or may not |
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| 148 | 159 | | contain hops or other vegetable products. Beer includes, among |
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| 149 | 160 | | other things, beer, ale, stout, lager beer, porter, seltzer, and |
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| 150 | 161 | | other malt or brewed liquors, but does not include s ake, known as |
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| 151 | 162 | | Japanese rice wine; |
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| 152 | 163 | | 6. "Beer keg" means any brewer -sealed, single container that |
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| 153 | 164 | | contains not less than four (4) gallons of beer; |
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| 154 | 165 | | 7. "Beer distributor" means and includes any person licensed to |
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| 155 | 166 | | distribute beer for retail sale in this state, but does not include |
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| 156 | 167 | | a holder of a small brewer self -distribution license or brewpub |
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| 157 | 168 | | self-distribution license. The term distributor, as used in the |
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| 158 | 169 | | Oklahoma Alcoholic Beverage Control Act, shall be construed to refer |
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| 159 | 170 | | to a beer distributor; |
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| 160 | 171 | | 8. "Bottle club" means any establishment in a county which has |
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| 161 | 172 | | not authorized the retail sale of alcoholic beverages by the |
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| 162 | 173 | | individual drink, which is required to be licensed to keep, mix and |
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| 194 | 206 | | 10. "Brand" means any word, name, group of letters, symbol or |
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| 195 | 207 | | combination thereof, that is adopted and used by a licensed brewer |
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| 196 | 208 | | to identify a specific beer, wine or spirit and to distinguish that |
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| 197 | 209 | | product from another beer, wine or spirit; |
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| 198 | 210 | | 11. "Brand extension" means: |
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| 199 | 211 | | a. after October 1, 2018, any brand of beer or cider |
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| 200 | 212 | | introduced by a manufacturer in this state which |
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| 201 | 213 | | either: |
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| 202 | 214 | | (1) incorporates all or a substantial part of the |
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| 203 | 215 | | unique features of a preexisting brand of the |
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| 204 | 216 | | same licensed brewer, or |
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| 205 | 217 | | (2) relies to a significant extent on the goodwill |
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| 206 | 218 | | associated with the preexisting brand, or |
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| 207 | 219 | | b. any brand of beer that a brewer, the majority of whose |
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| 208 | 220 | | total volume of all brands of beer distributed in this |
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| 209 | 221 | | state by such brewer on January 1, 2016, was |
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| 210 | 222 | | distributed as low-point beer, desires to sell, |
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| 211 | 223 | | introduces, begins selling or theretofore has sold and |
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| 243 | 256 | | (2) relies or relied to a sign ificant extent on the |
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| 244 | 257 | | goodwill associated with a preexisting low -point |
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| 245 | 258 | | beer brand; |
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| 246 | 259 | | 12. "Brewer" means and includes any person who manufactures for |
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| 247 | 260 | | human consumption by the use of raw materials or other ingredients |
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| 248 | 261 | | any beer or cider upon which a license fe e and a tax are imposed by |
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| 249 | 262 | | any law of this state; |
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| 250 | 263 | | 13. "Brewpub" means a licensed establishment operated on the |
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| 251 | 264 | | premises of, or on premises located contiguous to, a small brewer, |
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| 252 | 265 | | that prepares and serves food and beverages, including alcoholic |
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| 253 | 266 | | beverages, for on-premises consumption; |
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| 254 | 267 | | 14. "Cider" means any alcoholic beverage obtained by the |
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| 255 | 268 | | alcoholic fermentation of fruit juice, including but not limited to |
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| 256 | 269 | | flavored, sparkling or carbonated cider. For the purposes of the |
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| 257 | 270 | | manufacture of this product, cider m ay be manufactured by either |
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| 258 | 271 | | manufacturers or brewers. For the purposes of the distribution of |
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| 259 | 272 | | this product, cider may be distributed by either wine and spirits |
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| 260 | 273 | | wholesalers or beer distributors; |
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| 293 | 307 | | specifically granted access by the mixed beverage licensee to ensure |
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| 294 | 308 | | that persons present in the suite are limited to patrons |
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| 295 | 309 | | specifically granted access by the mixed beverage licensee and |
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| 296 | 310 | | employees providing services to the club suite; |
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| 297 | 311 | | 16. "Cocktail" means a type of mixed beverage as defined in |
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| 298 | 312 | | Section 7-102 of this title; |
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| 299 | 313 | | 17. "Convenience store" means any person primarily engaged in |
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| 300 | 314 | | retailing a limited range of general hous ehold items and groceries, |
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| 301 | 315 | | with extended hours of operation, whether or not engaged in retail |
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| 302 | 316 | | sales of automotive fuels in combination with such sales; |
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| 303 | 317 | | 18. "Convicted" and "conviction" mean and include a finding of |
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| 304 | 318 | | guilt resulting from a plea of guilty or nolo contendere, the |
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| 305 | 319 | | decision of a court or magistrate or the verdict of a jury, |
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| 306 | 320 | | irrespective of the pronouncement of judgment or the suspension |
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| 307 | 321 | | thereof; |
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| 308 | 322 | | 19. "Designated products" means the brands of wine or spirits |
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| 309 | 323 | | offered for sale by a manufacturer tha t the manufacturer has |
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| 310 | 324 | | assigned to a designated wholesaler for exclusive distribution; |
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| 343 | 358 | | wash, fit for distillation or for the production of spirits (except |
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| 344 | 359 | | a person making or using such material in the authorized production |
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| 345 | 360 | | of wine or beer, or the production of vinegar by fermentation), or |
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| 346 | 361 | | any person who by any process separates alcoholic spirits from any |
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| 347 | 362 | | fermented substance, or any person who, making or keep ing mash, wort |
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| 348 | 363 | | or wash, has also in his or her possession or use a still; |
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| 349 | 364 | | 23. "Distributor agreement" means the written agreement between |
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| 350 | 365 | | the distributor and brewer as set forth in Section 3 -108 of this |
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| 351 | 366 | | title; |
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| 352 | 367 | | 24. "Drug store" means a person primarily en gaged in retailing |
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| 353 | 368 | | prescription and nonprescription drugs and medicines; |
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| 354 | 369 | | 25. "Event venue" means any nongovernmental location, property, |
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| 355 | 370 | | space, premises, grounds, building or buildings, or other site that |
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| 356 | 371 | | offers to the general public for rent, lease, rese rvation, or other |
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| 357 | 372 | | contractual use, for the hosting of a function, occasion, or event, |
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| 358 | 373 | | special, private, or public, of a temporary nature. The location, |
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| 359 | 374 | | property, space, premises, grounds, or building or buildings defined |
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| 360 | 375 | | in this paragraph shall not includ e those owned, leased, or occupied |
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| 401 | 417 | | 26. 27. "Fair market value" mea ns the value in the subject |
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| 402 | 418 | | territory covered by the written agreement with the distributor or |
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| 403 | 419 | | wholesaler that would be determined in an arm's length transaction |
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| 404 | 420 | | entered into without duress or threat of termination of the |
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| 405 | 421 | | distributor's or wholesaler's righ ts and shall include all elements |
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| 406 | 422 | | of value, including goodwill and going -concern value; |
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| 407 | 423 | | 27. 28. "Good cause" means: |
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| 408 | 424 | | a. failure by the distributor to comply with the material |
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| 409 | 425 | | and reasonable provisions of a written agreement or |
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| 410 | 426 | | understanding with the brewer , or |
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| 441 | 458 | | to act with honesty in fact and within reasonable standa rds of fair |
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| 442 | 459 | | dealing in the trade; |
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| 443 | 460 | | 29. 30. "Grocery store" means a person primarily engaged in |
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| 444 | 461 | | retailing a general line of food, such as canned or frozen foods, |
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| 445 | 462 | | fresh fruits and vegetables, and fresh and prepared meats, fish and |
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| 446 | 463 | | poultry; |
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| 447 | 464 | | 30. 31. "Hotel" or "motel" means an establishment which is |
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| 448 | 465 | | licensed to sell alcoholic beverages by the individual drink and |
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| 449 | 466 | | which contains guest room accommodations with respect to which the |
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| 450 | 467 | | predominant relationship existing between the occupants thereof and |
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| 451 | 468 | | the owner or operator of the establishment is that of innkeeper and |
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| 452 | 469 | | guest. For purposes of this section, the existence of other legal |
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| 453 | 470 | | relationships as between some occupants and the owner or operator |
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| 454 | 471 | | thereof shall be immaterial; |
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| 455 | 472 | | 31. 32. "Legal newspaper" means a newsp aper meeting the |
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| 456 | 473 | | requisites of a newspaper for publication of legal notices as |
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| 457 | 474 | | prescribed in Sections 101 through 114 of Title 25 of the Oklahoma |
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| 458 | 475 | | Statutes; |
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| 459 | 476 | | 32. 33. "Licensee" means any person holding a license under the |
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| 460 | 477 | | Oklahoma Alcoholic Beverage Control Act, and any agent, servant or |
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| 490 | 508 | | 33. 34. "Low-point beer" shall mean any beverages containing |
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| 491 | 509 | | more than one-half of one percent (1/2 of 1%) alcohol by volume, and |
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| 492 | 510 | | not more than three and two -tenths percent (3.2%) alcohol by weight, |
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| 493 | 511 | | including but not limited to beer or cereal malt beverages obtained |
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| 494 | 512 | | by the alcoholic fermentation of an infusion by barley or other |
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| 495 | 513 | | grain, malt or similar products; |
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| 496 | 514 | | 34. 35. "Manufacturer" means a distiller, winemaker, rectifier |
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| 497 | 515 | | or bottler of any alcoholic beverage (other than beer) and its |
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| 498 | 516 | | subsidiaries, affiliates and parent companies; |
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| 499 | 517 | | 35. 36. "Manufacturer's agent" means a salaried or commi ssioned |
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| 500 | 518 | | salesperson who is the agent authorized to act on behalf of the |
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| 501 | 519 | | manufacturer or nonresident seller in this state; |
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| 502 | 520 | | 36. 37. "Meals" means foods commonly ordered at lunch or dinner |
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| 503 | 521 | | and at least part of which is cooked on the licensed premises and |
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| 504 | 522 | | requires the use of dining implements for consumption. Provided, |
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| 505 | 523 | | that the service of only food such as appetizers, sandwiches, salads |
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| 506 | 524 | | or desserts shall not be considered meals; |
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| 507 | 525 | | 37. 38. "Mini-bar" means a closed container, either |
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| 508 | 526 | | refrigerated in whole or in part, or unrefrigerated, and access to |
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| 509 | 527 | | the interior of which is: |
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| 539 | 558 | | 38. 39. "Mixed beverage cooler" me ans any beverage, by whatever |
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| 540 | 559 | | name designated, consisting of an alcoholic beverage and fruit or |
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| 541 | 560 | | vegetable juice, fruit or vegetable flavorings, dairy products or |
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| 542 | 561 | | carbonated water containing more than one -half of one percent (1/2 |
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| 543 | 562 | | of 1%) of alcohol measured by volume but not more than seven percent |
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| 544 | 563 | | (7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is |
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| 545 | 564 | | packaged in a container not larger than three hundred seventy -five |
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| 546 | 565 | | (375) milliliters. Such term shall include but not be limited to |
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| 547 | 566 | | the beverage popularly known as a "wine cooler"; |
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| 548 | 567 | | 39. 40. "Mixed beverages" means one or more servings of a |
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| 549 | 568 | | beverage composed in whole or in part of an alcoholic beverage in a |
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| 550 | 569 | | sealed or unsealed container of any legal size for consumption on |
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| 551 | 570 | | the premises where served or sold by the holder of a mixed beverage, |
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| 552 | 571 | | beer and wine, caterer, public event, charitable event or special |
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| 553 | 572 | | event license; provided, that a beer, cider, or wine mixed with |
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| 554 | 573 | | ingredients nonalcoholic in nature including, but not limited to, |
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| 555 | 574 | | water, juice, sugar, fruits, or vegetables and sold by a small |
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| 556 | 575 | | brewer, brewpub, small farm winery, or winemaker, shall not be |
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| 557 | 576 | | considered a mixed beverage so long as such small brewer, brewpub, |
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| 558 | 577 | | small farm winery, or winemaker does not also hold an on -premises |
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| 589 | 609 | | beverages by the individual drink and where m otion pictures are |
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| 590 | 610 | | exhibited, and to which the general public is admitted; |
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| 591 | 611 | | 41. 42. "Nondesignated products" means the brands of wine or |
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| 592 | 612 | | spirits offered for sale by a manufacturer that have not been |
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| 593 | 613 | | assigned to a designated wholesaler; |
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| 594 | 614 | | 42. 43. "Nonresident seller" means any person licensed pursuant |
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| 595 | 615 | | to Section 2-135 of this title; |
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| 596 | 616 | | 43. 44. "Retail salesperson" means a salesperson soliciting |
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| 597 | 617 | | orders from and calling upon retail alcoholic beverage stores with |
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| 598 | 618 | | regard to his or her product; |
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| 599 | 619 | | 44. 45. "Occupation" as used in connection with "occupation |
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| 600 | 620 | | tax" means the sites occupied as the places of business of the |
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| 601 | 621 | | manufacturers, brewers, wholesalers, beer distributors, retailers, |
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| 602 | 622 | | mixed beverage licensees, on -premises beer and wine licensees, |
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| 603 | 623 | | bottle clubs, caterers, public event and special event licensees; |
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| 604 | 624 | | 45. 46. "Original package" means any container of alcoholic |
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| 605 | 625 | | beverage filled and stamped or sealed by the manufacturer or brewer; |
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| 606 | 626 | | 46. 47. "Package store" means any sole proprietor or |
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| 607 | 627 | | partnership that qualifies to sell wine, beer and/or spirits for |
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| 608 | 628 | | off-premises consumption and that is not a grocery store, |
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| 639 | 660 | | 48. 49. "Person" means an individual, any type of partnership, |
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| 640 | 661 | | corporation, association, limited liability company or any |
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| 641 | 662 | | individual involved in the legal structure of any such business |
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| 642 | 663 | | entity; |
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| 643 | 664 | | 49. 50. "Premises" means the grounds and all buildings and |
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| 644 | 665 | | appurtenances pertaining to the grounds including any adjacent |
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| 645 | 666 | | premises if under the direct or indirect control of the licensee and |
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| 646 | 667 | | the rooms and equipment under the control of the licensee and used |
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| 647 | 668 | | in connection with or in furtherance of the business covered by a |
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| 648 | 669 | | license. Provided, that the ABLE Commission shall have the |
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| 649 | 670 | | authority to designate areas to be excluded from the licensed |
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| 650 | 671 | | premises solely for the purpose of: |
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| 651 | 672 | | a. allowing the presence and consumption of alcoholic |
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| 652 | 673 | | beverages by private parties which are closed to the |
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| 653 | 674 | | general public, or |
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| 654 | 675 | | b. allowing the services of a caterer serving alcoholic |
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| 655 | 676 | | beverages provided by a private party. |
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| 656 | 677 | | This exception shall in no way limit the l icensee's concurrent |
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| 657 | 678 | | responsibility for any violations of the Oklahoma Alcoholic Beverage |
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| 658 | 679 | | Control Act occurring on the licensed premises; |
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| 689 | 711 | | attendance or sales of tickets to the general public shall not |
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| 690 | 712 | | constitute a private event; |
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| 691 | 713 | | 51. 52. "Public event" means an y event that can be attended by |
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| 692 | 714 | | the general public; |
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| 693 | 715 | | 52. 53. "Rectifier" means any person who rectifies, purifies or |
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| 694 | 716 | | refines spirits or wines by any process (other than by original and |
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| 695 | 717 | | continuous distillation, or original and continuous processing, from |
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| 696 | 718 | | mash, wort, wash or other substance, through continuous closed |
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| 697 | 719 | | vessels and pipes, until the production thereof is complete), and |
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| 698 | 720 | | any person who, without rectifying, purifying or refining spirits, |
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| 699 | 721 | | shall by mixing (except for immediate consumption on the premi ses |
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| 700 | 722 | | where mixed) such spirits, wine or other liquor with any material, |
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| 701 | 723 | | manufactures any spurious, imitation or compound liquors for sale, |
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| 702 | 724 | | under the name of whiskey, brandy, rum, gin, wine, spirits, cordials |
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| 703 | 725 | | or any other name; |
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| 704 | 726 | | 53. 54. "Regulation" or "rule " means a formal rule of general |
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| 705 | 727 | | application promulgated by the ABLE Commission as herein required; |
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| 706 | 728 | | 54. 55. "Restaurant" means an establishment that is licensed to |
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| 707 | 729 | | sell alcoholic beverages by the individual drink for on -premises |
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| 739 | 762 | | 56. 57. "Retailer" means a package store, grocery store, |
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| 740 | 763 | | convenience store or drug store licensed to sell alcoholic beverages |
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| 741 | 764 | | for off-premises consumption pursuant to a retail spirits license, |
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| 742 | 765 | | retail wine license or retail beer license; |
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| 743 | 766 | | 57. 58. "Sale" means any transfer , exchange or barter in any |
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| 744 | 767 | | manner or by any means whatsoever, and includes and means all sales |
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| 745 | 768 | | made by any person, whether as principal, proprietor or as an agent, |
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| 746 | 769 | | servant or employee. The term sale is also declared to be and |
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| 747 | 770 | | include the use or consumpti on in this state of any alcoholic |
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| 748 | 771 | | beverage obtained within or imported from without this state, upon |
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| 749 | 772 | | which the excise tax levied by the Oklahoma Alcoholic Beverage |
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| 750 | 773 | | Control Act has not been paid or exempted; |
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| 751 | 774 | | 58. 59. "Seltzer" means any beverage containing more than one- |
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| 752 | 775 | | half of one percent (0.50%) of alcohol by volume and obtained by the |
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| 753 | 776 | | alcoholic fermentation of malt, rice, grain of any kind, bran, |
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| 754 | 777 | | glucose, sugar, or molasses and combined with carbonated water and |
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| 755 | 778 | | other flavoring and labeled as "beer" by th e Internal Revenue Code; |
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| 756 | 779 | | provided, that seltzer shall not include carbonated beverages mixed |
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| 757 | 780 | | with wine or spirits; |
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| 788 | 812 | | 60. 61. "Small brewer" means a brewer who manufactures less |
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| 789 | 813 | | than sixty-five thousand (65,000) barrels of beer annually pursuant |
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| 790 | 814 | | to a validly issued small brewer license hereu nder; |
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| 791 | 815 | | 61. 62. "Small farm wine" means a wine that is produced by a |
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| 792 | 816 | | small farm winery with seventy -five percent (75%) or more Oklahoma - |
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| 793 | 817 | | grown grapes, berries, other fruits, honey or vegetables; |
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| 794 | 818 | | 62. 63. "Small farm winery" means a wine -making establishment |
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| 795 | 819 | | that does not annually produce for sale more than fifteen thousand |
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| 796 | 820 | | (15,000) gallons of wine as reported on the United States Department |
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| 797 | 821 | | of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of |
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| 798 | 822 | | Wine Premises Operations (TTB Form 5120.17); |
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| 799 | 823 | | 63. 64. "Sparkling wine" means champagne or any artificially |
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| 800 | 824 | | carbonated wine; |
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| 801 | 825 | | 64. 65. "Special event" means an entertainment, recreation or |
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| 802 | 826 | | marketing event that occurs at a single location on an irregular |
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| 803 | 827 | | basis and at which alcoholic beverages are sold; |
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| 804 | 828 | | 65. 66. "Spirits" means any beverage other than wine or beer, |
|---|
| 805 | 829 | | which contains more than one -half of one percent (1/2 of 1%) alcohol |
|---|
| 806 | 830 | | measured by volume, and obtained by distillation, whether or not |
|---|
| 807 | 831 | | mixed with other substances in solution and includes those product s |
|---|
| 838 | 863 | | 66. 67. "Strong beer" means beer which, prior to October 1, |
|---|
| 839 | 864 | | 2018, was distributed pursuant to the Oklahoma Alcoholic Beverage |
|---|
| 840 | 865 | | Control Act, Section 1 -101 et seq. of this title; |
|---|
| 841 | 866 | | 67. 68. "Successor brewer" means a primary source of supply, a |
|---|
| 842 | 867 | | brewer, a cider manufacturer or an importer that acquires rights to |
|---|
| 843 | 868 | | a beer or cider brand from a predecessor brewer; |
|---|
| 844 | 869 | | 68. 69. "Tax Commission" means the Oklahoma Tax Commission; |
|---|
| 845 | 870 | | 69. 70. "Territory" means a geographic region with a specified |
|---|
| 846 | 871 | | boundary; |
|---|
| 847 | 872 | | 70. 71. "Wine and spirits whole saler" or "wine and spirits |
|---|
| 848 | 873 | | distributor" means and includes any sole proprietorship or |
|---|
| 849 | 874 | | partnership licensed to distribute wine and spirits in this state. |
|---|
| 850 | 875 | | The term "wholesaler", as used in the Oklahoma Alcoholic Beverage |
|---|
| 851 | 876 | | Control Act, shall be construed to refer to a wine and spirits |
|---|
| 852 | 877 | | wholesaler; |
|---|
| 853 | 878 | | 71. 72. "Wine" means and includes any beverage containing more |
|---|
| 854 | 879 | | than one-half of one percent (1/2 of 1%) alcohol by volume and not |
|---|
| 855 | 880 | | more than twenty-four percent (24%) alcohol by volume at sixty (60) |
|---|
| 856 | 881 | | degrees Fahrenheit obtained by the fermentation of the natural |
|---|
| 857 | 882 | | contents of fruits, vegetables, honey, milk or other products |
|---|
| 886 | 912 | | 72. 73. "Winemaker" means and includes any person or |
|---|
| 887 | 913 | | establishment who manufactures for human consumption any wine upon |
|---|
| 888 | 914 | | which a license fee and a tax are imposed by any law of this state; |
|---|
| 889 | 915 | | 73. 74. "Satellite tasting room" means a licensed establishment |
|---|
| 890 | 916 | | operated off the licensed p remises of the holder of a small farm |
|---|
| 891 | 917 | | winery or winemaker license, which serves wine for on -premises or |
|---|
| 892 | 918 | | off-premises consumption; and |
|---|
| 893 | 919 | | 74. 75. "Straw testing" means the consumption of a de minimis |
|---|
| 894 | 920 | | amount of an alcoholic beverage by sanitary means by the ho lder of |
|---|
| 895 | 921 | | an employee license, twenty -one (21) years of age or older, to |
|---|
| 896 | 922 | | determine the quality or desired flavor profile of such alcoholic |
|---|
| 897 | 923 | | beverage that has been serviced, or is to be served, to a patron. |
|---|
| 898 | 924 | | Words in the plural include the singular, and vice ve rsa, and |
|---|
| 899 | 925 | | words imparting the masculine gender include the feminine, as well |
|---|
| 900 | 926 | | as persons and licensees as defined in this section. |
|---|
| 901 | 927 | | SECTION 3. AMENDATORY 37A O.S. 2021, Section 2 -101, as |
|---|
| 902 | 928 | | amended by Section 3, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2024, |
|---|
| 903 | 929 | | Section 2-101), is amended to read as follows: |
|---|
| 904 | 930 | | Section 2-101. A. Except as otherwise provided in this |
|---|
| 905 | 931 | | section, the licenses issued by the ABLE Commission, and the annual |
|---|
| 906 | 932 | | fees therefor, shall be as follows: |
|---|
| 907 | 933 | | 1. Brewer License................................ .. $1,250.00 |
|---|
| 936 | 963 | | 4. Winemaker License ................................ . $625.00 |
|---|
| 937 | 964 | | 5. Small Farm Winery License .......................... $75.00 |
|---|
| 938 | 965 | | 6. Rectifier License ............................... $3,125.00 |
|---|
| 939 | 966 | | 7. Wine and Spirits Wholesaler License ............. $3,000.00 |
|---|
| 940 | 967 | | 8. Beer Distributor License .......................... $750.00 |
|---|
| 941 | 968 | | 9. The following retail spirits license fees |
|---|
| 942 | 969 | | shall be determined by the latest Federal |
|---|
| 943 | 970 | | Decennial Census: |
|---|
| 944 | 971 | | a. Retail Spirits License for cities and |
|---|
| 945 | 972 | | towns from 200 to 2,500 population .......... $305.00 |
|---|
| 946 | 973 | | b. Retail Spirits License for cities and |
|---|
| 947 | 974 | | towns from 2,501 to 5,000 population........ $605.00 |
|---|
| 948 | 975 | | c. Retail Spirits License for cities and |
|---|
| 949 | 976 | | towns over 5,000 population ................. $905.00 |
|---|
| 950 | 977 | | 10. Retail Wine License ............................ $1,000.00 |
|---|
| 951 | 978 | | 11. Retail Beer License .............................. $500.00 |
|---|
| 952 | 979 | | 12. Mixed Beverage License ......................... $1,005.00 |
|---|
| 953 | 980 | | (initial license) |
|---|
| 954 | 981 | | $905.00 |
|---|
| 955 | 982 | | (renewal) |
|---|
| 956 | 983 | | 13. Mixed Beverage/Caterer Combination License ..... $1,250.00 |
|---|
| 957 | 984 | | 14. On-Premises Beer and Wine License ................ $500.00 |
|---|
| 986 | 1014 | | (renewal) |
|---|
| 987 | 1015 | | 15. Bottle Club License ............................ $1,000.00 |
|---|
| 988 | 1016 | | (initial license) |
|---|
| 989 | 1017 | | $900.00 |
|---|
| 990 | 1018 | | (renewal) |
|---|
| 991 | 1019 | | 16. Caterer License ................................ $1,005.00 |
|---|
| 992 | 1020 | | (initial license) |
|---|
| 993 | 1021 | | $905.00 |
|---|
| 994 | 1022 | | (renewal) |
|---|
| 995 | 1023 | | 17. Annual Special Event License ...................... $55.00 |
|---|
| 996 | 1024 | | 18. Quarterly Special Event License ................... $55.00 |
|---|
| 997 | 1025 | | 19. Hotel Beverage License ......................... $1,005.00 |
|---|
| 998 | 1026 | | (initial license) |
|---|
| 999 | 1027 | | $905.00 |
|---|
| 1000 | 1028 | | (renewal) |
|---|
| 1001 | 1029 | | 20. Airline/Railroad/Commercial Passenger Vessel Beverage |
|---|
| 1002 | 1030 | | License................................ ........ $1,005.00 |
|---|
| 1003 | 1031 | | (initial license) |
|---|
| 1004 | 1032 | | $905.00 |
|---|
| 1005 | 1033 | | (renewal) |
|---|
| 1006 | 1034 | | 21. Agent License................................ ..... $55.00 |
|---|
| 1007 | 1035 | | 22. Employee License ................................ .. $30.00 |
|---|
| 1036 | 1065 | | 25. Private Carrier License ........................... $23.00 |
|---|
| 1037 | 1066 | | 26. Bonded Warehouse License ......................... $190.00 |
|---|
| 1038 | 1067 | | 27. Storage License ................................ ... $23.00 |
|---|
| 1039 | 1068 | | 28. Nonresident Seller License ...................... $750.00 |
|---|
| 1040 | 1069 | | 29. Manufacturer License: |
|---|
| 1041 | 1070 | | a. 50 cases or less sold in Oklahoma in |
|---|
| 1042 | 1071 | | last calendar year........................... $50.00 |
|---|
| 1043 | 1072 | | b. 51 to 500 cases sold in Oklahoma in |
|---|
| 1044 | 1073 | | last calendar year........................... $75.00 |
|---|
| 1045 | 1074 | | c. 501 cases or more sold in Oklahoma in |
|---|
| 1046 | 1075 | | last calendar year.......................... $150.00 |
|---|
| 1047 | 1076 | | 30. Manufacturer's Agent License ...................... $55.00 |
|---|
| 1048 | 1077 | | 31. Sacramental Wine Supplier License ................ $100.00 |
|---|
| 1049 | 1078 | | 32. Charitable Auction License ......................... $1.00 |
|---|
| 1050 | 1079 | | 33. Charitable Alcoholic Beverage License ............. $55.00 |
|---|
| 1051 | 1080 | | 34. Winemaker Self-Distribution License: |
|---|
| 1052 | 1081 | | a. produced ten thousand (10 ,000) gallons |
|---|
| 1053 | 1082 | | or less in last calendar year ............... $350.00 |
|---|
| 1054 | 1083 | | b. produced more than ten thousand |
|---|
| 1055 | 1084 | | (10,000) gallons but no more than |
|---|
| 1056 | 1085 | | fifteen thousand (15,000) gallons in |
|---|
| 1057 | 1086 | | last calendar year.......................... $750.00 |
|---|
| 1086 | 1116 | | 37. Small Brewer Self -Distribution License: |
|---|
| 1087 | 1117 | | a. produced fifteen thousand (15,000) |
|---|
| 1088 | 1118 | | barrels or less in last calendar year ....... $350.00 |
|---|
| 1089 | 1119 | | b. produced more than fifteen thousand |
|---|
| 1090 | 1120 | | (15,000) barrels in last calendar year ...... $750.00 |
|---|
| 1091 | 1121 | | 38. Brewpub License ................................ $1,005.00 |
|---|
| 1092 | 1122 | | 39. Brewpub Self-Distribution License ................ $750.00 |
|---|
| 1093 | 1123 | | 40. Complimentary Beverage License .................... $75.00 |
|---|
| 1094 | 1124 | | 41. Satellite Tasting Room License ................... $100.00 |
|---|
| 1095 | 1125 | | 42. Event Bartender License ........................... $50.00 |
|---|
| 1096 | 1126 | | B. 1. There shall be added to the initial or renewal fees for |
|---|
| 1097 | 1127 | | a mixed beverage license an administrative fee, which shall not be |
|---|
| 1098 | 1128 | | deemed to be a license fee, in the amount of Five Hundred Dollars |
|---|
| 1099 | 1129 | | ($500.00), which shall be paid at the same time and in the same |
|---|
| 1100 | 1130 | | manner as the license fees prescribed by paragraph 12 of subsection |
|---|
| 1101 | 1131 | | A of this section; provided, this fee shall not be assessed against |
|---|
| 1102 | 1132 | | service organizations or fraternal beneficiary societies which are |
|---|
| 1103 | 1133 | | exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue |
|---|
| 1104 | 1134 | | Code. |
|---|
| 1105 | 1135 | | 2. There shall be added to the fee for a mixed bevera ge/caterer |
|---|
| 1106 | 1136 | | combination license an administrative fee, which shall not be deemed |
|---|
| 1107 | 1137 | | to be a license fee, in the amount of Two Hundred Fifty Dollars |
|---|
| 1135 | 1166 | | manner as the license fee prescribed by paragrap h 13 of subsection A |
|---|
| 1136 | 1167 | | of this section. |
|---|
| 1137 | 1168 | | C. Notwithstanding the provisions of subsection A of this |
|---|
| 1138 | 1169 | | section: |
|---|
| 1139 | 1170 | | 1. The license fee for a mixed beverage or bottle club license |
|---|
| 1140 | 1171 | | for those service organizations or fraternal beneficiary societies |
|---|
| 1141 | 1172 | | which are exempt under Section 501(c)(19), (8) or (10) of the |
|---|
| 1142 | 1173 | | Internal Revenue Code shall be Five Hundred Dollars ($500.00) per |
|---|
| 1143 | 1174 | | year; and |
|---|
| 1144 | 1175 | | 2. The renewal fee for an airline/railroad/commercial passenger |
|---|
| 1145 | 1176 | | vessel beverage license held by a railroad described in 49 U.S.C., |
|---|
| 1146 | 1177 | | Section 24301, shall be One Hundred Dollars ($100.00). |
|---|
| 1147 | 1178 | | D. An applicant may apply for and receive both an on -premises |
|---|
| 1148 | 1179 | | beer and wine license and a caterer license. |
|---|
| 1149 | 1180 | | E. All licenses, except as otherwise provided, shall be valid |
|---|
| 1150 | 1181 | | for one (1) year from date of issua nce unless revoked or |
|---|
| 1151 | 1182 | | surrendered. Provided, all employee licenses shall be valid for two |
|---|
| 1152 | 1183 | | (2) years. |
|---|
| 1153 | 1184 | | F. The holder of a license, issued by the ABLE Commission, for |
|---|
| 1154 | 1185 | | a bottle club located in a county of this state where the sale of |
|---|
| 1155 | 1186 | | alcoholic beverages by t he individual drink for on -premises |
|---|
| 1156 | 1187 | | consumption has been authorized, may exchange the bottle club |
|---|
| 1157 | 1188 | | license for a mixed beverage license or an on -premises beer and wine |
|---|
| 1185 | 1217 | | establishment or an on -premises beer and wine establishment subject |
|---|
| 1186 | 1218 | | to the provisions of the Oklahoma Alcoholic Beverage Control Act. |
|---|
| 1187 | 1219 | | There shall be no additional fee for such exchange and the mixed |
|---|
| 1188 | 1220 | | beverage license or on -premises beer and wine license issued shall |
|---|
| 1189 | 1221 | | expire one (1) year from the date of issuance of the original bottle |
|---|
| 1190 | 1222 | | club license. |
|---|
| 1191 | 1223 | | G. In addition to the applicable licensing fee, the following |
|---|
| 1192 | 1224 | | surcharge shall be assessed annually on the following licenses: |
|---|
| 1193 | 1225 | | 1. Nonresident Seller License ...................... $2,500.00 |
|---|
| 1194 | 1226 | | 2. Manufacturer Lice nse: |
|---|
| 1195 | 1227 | | a. 50 cases or less sold in Oklahoma in |
|---|
| 1196 | 1228 | | last calendar year.......................... $100.00 |
|---|
| 1197 | 1229 | | b. 51 to 500 cases sold in Oklahoma in |
|---|
| 1198 | 1230 | | last calendar year.......................... $225.00 |
|---|
| 1199 | 1231 | | c. 501 cases or more sold in Oklahoma in |
|---|
| 1200 | 1232 | | last calendar year.......................... $450.00 |
|---|
| 1201 | 1233 | | 3. Wine and Spirits Wholesaler License ............. $2,500.00 |
|---|
| 1202 | 1234 | | 4. Beer Distributor ................................ $1,000.00 |
|---|
| 1203 | 1235 | | 5. Retail Spirits License for cities and towns |
|---|
| 1204 | 1236 | | over 5,000 population .......................... $250.00 |
|---|
| 1205 | 1237 | | 6. Retail Spirits License for cities and towns |
|---|
| 1206 | 1238 | | from 2,501 to 5,000 population ................. $200.00 |
|---|
| 1235 | 1268 | | 8. Retail Wine License ............................... $250.00 |
|---|
| 1236 | 1269 | | 9. Retail Beer License ............................... $250.00 |
|---|
| 1237 | 1270 | | 10. Mixed Beverage License ............................ $25.00 |
|---|
| 1238 | 1271 | | 11. Mixed Beverage/Caterer Combination License ........ $25.00 |
|---|
| 1239 | 1272 | | 12. Caterer License ................................ ... $25.00 |
|---|
| 1240 | 1273 | | 13. On-Premises Beer and Wine License ................. $25.00 |
|---|
| 1241 | 1274 | | 14. Annual Public Event License ....................... $25.00 |
|---|
| 1242 | 1275 | | 15. Small Farm Winery License ......................... $25.00 |
|---|
| 1243 | 1276 | | 16. Small Brewer License .............................. $35.00 |
|---|
| 1244 | 1277 | | 17. Complimentary Beverage License .................... $25.00 |
|---|
| 1245 | 1278 | | The surcharge shall be paid concurrent with the licensee's |
|---|
| 1246 | 1279 | | annual licensing fee and, in addition to Five Dollars ($5.00) of the |
|---|
| 1247 | 1280 | | employee license fee, shall be deposited in the Alcoholic Beverage |
|---|
| 1248 | 1281 | | Governance Revolving Fund established pursuant to Section 5 -128 of |
|---|
| 1249 | 1282 | | this title. |
|---|
| 1250 | 1283 | | H. Any license issued by the ABLE Commission under this title |
|---|
| 1251 | 1284 | | may be relied upon by ot her licensees as a valid license, and no |
|---|
| 1252 | 1285 | | other licensee shall have any obligation to independently determine |
|---|
| 1253 | 1286 | | the validity of such license or be held liable solely as a |
|---|
| 1254 | 1287 | | consequence of another licensee's failure to maintain a valid |
|---|
| 1255 | 1288 | | license. |
|---|
| 1285 | 1319 | | Section 2-113. A. 1. A caterer license may be issued to any |
|---|
| 1286 | 1320 | | person for the purpose of sale, delivery or distribution of |
|---|
| 1287 | 1321 | | alcoholic beverages incidental to the sale or distribution of food |
|---|
| 1288 | 1322 | | on a premises not licensed by the ABLE Commission. For purposes of |
|---|
| 1289 | 1323 | | this section, "incidental to the sale or distribution of food" means |
|---|
| 1290 | 1324 | | food sales constituting at least thirty -five percent (35%) of the |
|---|
| 1291 | 1325 | | caterer's total combined annual sales. A caterer license shall not |
|---|
| 1292 | 1326 | | be issued to a person whose main purpose is the sale of alcoholic |
|---|
| 1293 | 1327 | | beverages. |
|---|
| 1294 | 1328 | | 2. A caterer license may only be issued to t hose persons that |
|---|
| 1295 | 1329 | | prepare, sell and distribute food for consumption either on licensed |
|---|
| 1296 | 1330 | | or unlicensed premises. In order to renew a caterer license, annual |
|---|
| 1297 | 1331 | | food sales must constitute at least thirty -five percent (35%) of the |
|---|
| 1298 | 1332 | | caterer's total combined sales based on the most recent calendar |
|---|
| 1299 | 1333 | | year. A caterer shall not be required to prepare, sell and |
|---|
| 1300 | 1334 | | distribute food at every catered event as long as the caterer |
|---|
| 1301 | 1335 | | satisfies the requirement set forth in this section. |
|---|
| 1302 | 1336 | | 3. Each caterer shall submit an annual sales r eport containing |
|---|
| 1303 | 1337 | | revenue attributable to alcoholic beverages, food and all other |
|---|
| 1304 | 1338 | | revenues attributable to the catering service. The annual sales |
|---|
| 1305 | 1339 | | report must be submitted thirty (30) days prior to expiration of the |
|---|
| 1335 | 1370 | | 4. Each caterer shall submit a monthly event report containing |
|---|
| 1336 | 1371 | | information on all events scheduled for the subsequent month. If an |
|---|
| 1337 | 1372 | | event is scheduled after the first day of the month for an event to |
|---|
| 1338 | 1373 | | occur in the same month, then the caterer shall report that event |
|---|
| 1339 | 1374 | | within twenty-four (24) hours of scheduling the event or within |
|---|
| 1340 | 1375 | | twenty-four (24) hours prior to the event, whicheve r occurs first. |
|---|
| 1341 | 1376 | | The monthly event report shall be submitted on the first day of each |
|---|
| 1342 | 1377 | | month. |
|---|
| 1343 | 1378 | | 5. All reports shall be submitted electronically on forms |
|---|
| 1344 | 1379 | | prescribed by the ABLE Commission. Provided, if the caterer does |
|---|
| 1345 | 1380 | | not have access to the Internet, then monthly reports must be |
|---|
| 1346 | 1381 | | submitted by facsimile to the ABLE Commission's office in Oklahoma |
|---|
| 1347 | 1382 | | City, in which case the caterer must retain a copy of the facsimile |
|---|
| 1348 | 1383 | | confirmation sheet for at least twelve (12) months. |
|---|
| 1349 | 1384 | | 6. Any caterer who fails to submit a monthly report shall have |
|---|
| 1350 | 1385 | | the caterer license automatically suspended until such time that the |
|---|
| 1351 | 1386 | | caterer has fully complied with all reporting requirements. Any |
|---|
| 1352 | 1387 | | caterer whose annual food sales do not exceed thirty -five percent |
|---|
| 1353 | 1388 | | (35%) of his or her total annual comb ined sales shall not have the |
|---|
| 1354 | 1389 | | caterer's license renewed. |
|---|
| 1385 | 1421 | | the sale under the authority of a caterer license. Any act which if |
|---|
| 1386 | 1422 | | done on the premises of a mixed beverage licensee would be a ground |
|---|
| 1387 | 1423 | | for revocation or suspension of the mixed beverage license is a |
|---|
| 1388 | 1424 | | ground for revocation or suspension of a caterer license. |
|---|
| 1389 | 1425 | | D. If the premises where the event being catered is held are |
|---|
| 1390 | 1426 | | already operating pursuant to another type of license issued by the |
|---|
| 1391 | 1427 | | ABLE Commission, the caterer and the other licensee shall both be |
|---|
| 1392 | 1428 | | responsible for the actions of the caterer and shall both be subject |
|---|
| 1393 | 1429 | | to penalties for violations by the caterer of the Oklahoma Alcoholic |
|---|
| 1394 | 1430 | | Beverage Control Act and any rules promulgated thereto. |
|---|
| 1395 | 1431 | | E. A caterer licensee may not store alcoholic beverages unless |
|---|
| 1396 | 1432 | | the licensee has a storage license issued by the ABLE Commission. A |
|---|
| 1397 | 1433 | | caterer licensee selling beer and cider to consumers shall only |
|---|
| 1398 | 1434 | | purchase such beer and cider from the distributor or wholesaler |
|---|
| 1399 | 1435 | | within the county in which the licensee will be selling the beer and |
|---|
| 1400 | 1436 | | cider to consumers. |
|---|
| 1401 | 1437 | | F. A caterer may provide alcoholic beverage sales on the |
|---|
| 1402 | 1438 | | premises of a person currently applying for an on -premises beer and |
|---|
| 1403 | 1439 | | wine license, mixed beverage/caterer combination license, or mixed |
|---|
| 1404 | 1440 | | beverage license, provided the followin g terms have been satisfied: |
|---|
| 1435 | 1472 | | caterer's license. The caterer shall use his or her best efforts to |
|---|
| 1436 | 1473 | | attempt to have a licensed employee on -site supervising the sale of |
|---|
| 1437 | 1474 | | such caterer's alcoholic beverages at all times, but the caterer |
|---|
| 1438 | 1475 | | shall not be disciplined for failing to have a licensed employee on - |
|---|
| 1439 | 1476 | | site. The caterer expressly acknowledges that he or she is liable |
|---|
| 1440 | 1477 | | for all violations of the Oklahoma Alcoholic Beverage Control Act |
|---|
| 1441 | 1478 | | and rules of the ABLE Commission that are committed by the on - |
|---|
| 1442 | 1479 | | premises beer and wine applicant, the mixed beverage/caterer |
|---|
| 1443 | 1480 | | combination applicant, or the mixed beverage applicant and its |
|---|
| 1444 | 1481 | | employees during this period; |
|---|
| 1445 | 1482 | | 2. The caterer and the on -premises beer and wine applicant, the |
|---|
| 1446 | 1483 | | mixed beverage/caterer combination applicant, or the mixed beverage |
|---|
| 1447 | 1484 | | applicant must submit to the ABLE Commission a written agreement |
|---|
| 1448 | 1485 | | setting forth all the terms of the catering agreement at least |
|---|
| 1449 | 1486 | | twenty-four (24) hours prior to the commencement of the catered |
|---|
| 1450 | 1487 | | event; |
|---|
| 1451 | 1488 | | 3. The caterer may not provide alcoholic bevera ge sales on the |
|---|
| 1452 | 1489 | | unlicensed premises of the on -premises beer and wine applicant, |
|---|
| 1453 | 1490 | | mixed beverage/caterer combination applicant, or the mixed beverage |
|---|
| 1484 | 1522 | | on the unlicensed premises of the applicant during the period of the |
|---|
| 1485 | 1523 | | written agreement; and |
|---|
| 1486 | 1524 | | 5. Upon the issuance of a license to the on-premises beer and |
|---|
| 1487 | 1525 | | wine applicant, the mixed beverage/caterer combination applicant, or |
|---|
| 1488 | 1526 | | the mixed beverage applicant, any alcoholic beverages on the |
|---|
| 1489 | 1527 | | licensed storage premises may be transferred by the caterer to the |
|---|
| 1490 | 1528 | | on-premises beer and wine licensee, the mixed beverage/caterer |
|---|
| 1491 | 1529 | | combination licensee, or the mixed beverage licensee consistent with |
|---|
| 1492 | 1530 | | the provisions of Section 2-155 of this title. |
|---|
| 1493 | 1531 | | G. A caterer may provide alcoholic beverage services for |
|---|
| 1494 | 1532 | | temporary public events which have be en licensed and approved by the |
|---|
| 1495 | 1533 | | ABLE Commission. |
|---|
| 1496 | 1534 | | H. A caterer may provide alcoholic beverage services for a |
|---|
| 1497 | 1535 | | mixed beverage licensee which holds a live performing arts |
|---|
| 1498 | 1536 | | presentation and is open to the public not more than one hundred |
|---|
| 1499 | 1537 | | twenty (120) days per y ear. |
|---|
| 1500 | 1538 | | I. All alcoholic beverages served on the premises of an event |
|---|
| 1501 | | - | venue must be served by an ABLE -licensed mixed beverage licensee, |
|---|
| 1502 | | - | caterer licensee, or event bartender licensee. As a prerequisite to |
|---|
| 1503 | | - | the issuance of an event bartender license, not later than fourteen |
|---|
| 1504 | | - | (14) days after initial licensure, the event bartender licensee |
|---|
| 1505 | | - | shall be required to have successfully completed an in -person |
|---|
| 1506 | | - | training program conducted by an entity approved by the ABLE |
|---|
| 1507 | | - | Commission. Proof of training completion shall be mad e available |
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| 1539 | + | venue must be served by an ABLE licensed caterer or event bartender |
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| 1540 | + | licensee. As a prerequisite to the issuance of an event bartender |
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| 1541 | + | license, not later than fourteen (14) days after init ial licensure, |
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| 1534 | | - | for inspection by the ABLE Commission at the event venue location. |
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| 1535 | | - | The failure of an event bartender to comply with this section may |
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| 1536 | | - | constitute a revocable offense. |
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| 1537 | | - | SECTION 5. This act shall become effective July 1, 2026. |
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| 1538 | | - | Passed the House of Representatives the 27th day of March, 2025. |
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| 1569 | + | the event bartender licensee shall be required to have successfully |
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| 1570 | + | completed an in-person training program conducted by an entity |
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| 1571 | + | approved by the ABLE Commission. Proof of training completion shall |
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| 1572 | + | be made available for inspection by the A BLE Commission at the event |
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| 1573 | + | venue location. The failure of an event bartender to comply with |
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| 1574 | + | this section may constitute a revocable offense. |
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| 1575 | + | SECTION 5. This act shall become effective November 1, 2025. |
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| 1576 | + | |
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| 1577 | + | COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES |
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| 1578 | + | OVERSIGHT, dated 03/06/2025 - DO PASS, As Amended and Coauthored. |
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