| 43 | | - | [ alcoholic beverage licenses - prohibited acts of |
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| 44 | | - | licensees - intent - effective date ] |
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| 63 | + | AS INTRODUCED |
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| 64 | + | |
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| 65 | + | An Act relating to alcoholic beverage licenses; |
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| 66 | + | amending 37A O.S. 2021, Section 6 -102, as last |
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| 67 | + | amended by Section 8, Chapter 338, O.S.L. 2023 (37A |
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| 68 | + | O.S. Supp. 2024, Section 6 -102), which relates to |
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| 69 | + | prohibited acts of licensees; adding intent element |
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| 70 | + | to certain prohibited act ; and providing an effective |
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| 71 | + | date. |
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| 72 | + | |
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| 45 | 73 | | |
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| 46 | 74 | | |
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| 47 | 75 | | |
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| 48 | 76 | | |
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| 49 | 77 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 50 | 78 | | SECTION 1. AMENDATORY 37A O.S. 2021, Section 6 -102, as |
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| 51 | 79 | | last amended by Section 8, Chapter 338, O.S.L. 2023 (37A O.S. Supp. |
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| 52 | 80 | | 2024, Section 6-102), is amended to read as follows: |
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| 53 | 81 | | Section 6-102. A. No licensee of the ABLE Commission shall: |
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| 54 | 82 | | 1. Receive Knowingly receive, possess or sell any alcoholic |
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| 55 | 83 | | beverage except as authorized by the Oklahoma Alcoholic Beverage |
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| 56 | 84 | | Control Act and by the license or permit which the licensee holds; |
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| 57 | 85 | | 2. Employ any person under eighteen (18) years of age in the |
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| 58 | 86 | | selling of beer or wine or employ any person under twenty -one (21) |
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| 59 | 87 | | years of age in the selling of spirits. Provided: |
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| 90 | 142 | | clerks who are at least eighteen (18) years of age, |
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| 91 | 143 | | except persons under twenty -one (21) years of age may |
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| 92 | 144 | | not serve in designated bar or lounge areas, and |
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| 93 | 145 | | b. a mixed beverage, beer and wine, caterer, public |
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| 94 | 146 | | event, special event or bottle club licensee may |
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| 95 | 147 | | employ or hire musical bands who have musicians who |
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| 96 | 148 | | are under eighteen (18 ) years of age if each such |
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| 97 | 149 | | musician is either accompanied by a parent or legal |
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| 98 | 150 | | guardian or has on their person, to be made available |
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| 99 | 151 | | for inspection upon demand by any employee o f the ABLE |
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| 100 | 152 | | Commission or law enforcement officer, a written, |
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| 101 | 153 | | notarized affidavit from the parent or legal guardian |
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| 102 | 154 | | giving the underage musician permission to perform in |
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| 103 | 155 | | designated bar or lounge areas; |
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| 104 | 156 | | 3. Give any alcoholic beverage as a prize, premium or |
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| 105 | 157 | | consideration for any lottery, game of chance or skill or any type |
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| 106 | 158 | | of competition; |
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| 107 | 159 | | 4. Use any of the following means or inducements to stimulate |
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| 108 | 160 | | the consumption of alcoholic beverages, including but not limited |
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| 109 | 161 | | to: |
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| 141 | 217 | | (2) up to six (6) bottles or cans of beer in the |
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| 142 | 218 | | original packaging for on -premises consumption |
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| 143 | 219 | | may be delivered to one person at one time i n a |
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| 144 | 220 | | reusable container, including but not limited to |
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| 145 | 221 | | a bucket or insulated coo ler which may be cooled |
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| 146 | 222 | | by ice or another cooling method, |
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| 147 | 223 | | b. sell or offer to sell to any person or group of |
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| 148 | 224 | | persons any drinks at a price that is less than six |
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| 149 | 225 | | percent (6%) below the markup of the cost to the mixed |
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| 150 | 226 | | beverage licensee; provided, a mixed beverage licensee |
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| 151 | 227 | | shall be permitted to offer these drink specials on |
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| 152 | 228 | | any particular hour of any particular day and shall |
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| 153 | 229 | | not be required to offer these drink specials for an |
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| 154 | 230 | | entire calendar week or from open to close, and shall |
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| 155 | 231 | | not be required to offer such drink specials at all |
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| 156 | 232 | | venues operating under the same mixed beverage |
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| 157 | 233 | | license; provided, a mixed beverage licensee selling |
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| 158 | 234 | | wine, beer, or cocktails to -go shall be permitted to |
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| 159 | 235 | | offer these to-go drinks at a different price than on - |
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| 160 | 236 | | premises drinks, |
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| 192 | 292 | | d. sell or offer to sell drinks to any person or group of |
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| 193 | 293 | | persons on any one day or portion ther eof at prices |
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| 194 | 294 | | less than those charged the general public on that |
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| 195 | 295 | | day, except at private functions not open to the |
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| 196 | 296 | | public, |
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| 197 | 297 | | e. increase the volume of alcoholic beverages contained |
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| 198 | 298 | | in a drink without increasing proportionately the |
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| 199 | 299 | | price regularly charged for such drink during the same |
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| 200 | 300 | | calendar week, or |
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| 201 | 301 | | f. encourage or permit, on the licensed premises, any |
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| 202 | 302 | | game or contest which involves drinking or the |
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| 203 | 303 | | awarding of drinks as prizes. |
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| 204 | 304 | | Provided, that the provisions of this paragraph shall not |
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| 205 | 305 | | prohibit the advertisi ng or offering of food, entertainment or |
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| 206 | 306 | | bottle service in licensed establishments; |
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| 207 | 307 | | 5. Permit or allow any patron or person to exit the licensed |
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| 208 | 308 | | premises with an open container of any alcoholic beverage. |
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| 209 | 309 | | Provided, this prohibition shall not be applicable to closed |
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| 210 | 310 | | original containers of alcoholic beverages which are carried from |
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| 211 | 311 | | the licensed premises of a bottle club by a patron, closed original |
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| 243 | 367 | | 6. Serve or sell alcoholic beverages with an expired license |
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| 244 | 368 | | issued by the ABLE Commission; |
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| 245 | 369 | | 7. Permit any person to be drunk or intoxicated on the |
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| 246 | 370 | | licensee’s licensed premises; or |
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| 247 | 371 | | 8. Permit or allow any patron to serve or pour himself or |
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| 248 | 372 | | herself any alcoholic beverage, except a licensee may off er a patron |
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| 249 | 373 | | self-pour service of beer or wine, or both, from automated devices |
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| 250 | 374 | | on licensed premises so long as: |
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| 251 | 375 | | a. the licensee monitors and has the ability to control |
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| 252 | 376 | | the dispensing of such beer or wine, or both, from the |
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| 253 | 377 | | automated devices. “Automated device” shall mean any |
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| 254 | 378 | | mechanized device capable of dispensing wine or beer, |
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| 255 | 379 | | or both, directly to a patron in exchange for |
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| 256 | 380 | | compensation that a licensee has received directly |
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| 257 | 381 | | from the patron, and |
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| 258 | 382 | | b. each licensee offering a patron self -pour service of |
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| 259 | 383 | | wine or beer, or both, from any automated device shall |
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| 260 | 384 | | provide constant video monitor ing of the automated |
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| 261 | 385 | | device at all times during which the licensee is open |
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| 262 | 386 | | to the public. The licensee shall keep recorded |
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| 294 | 442 | | B. 1. The compensation required by subparagraph a of paragraph |
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| 295 | 443 | | 8 of subsection A of this section shall b e in the form of a radio |
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| 296 | 444 | | frequency identification (RFID) device, mobile applic ation or any |
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| 297 | 445 | | other technology approved by the ABLE Commission containing a fixed |
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| 298 | 446 | | amount of volume of thirty -two (32) ounces for beer and ten (10) |
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| 299 | 447 | | ounces for wine that may be dire ctly exchanged for beer or wine |
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| 300 | 448 | | dispensed from the automated device: |
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| 301 | 449 | | a. RFID devices may be assigned, used or reactivated only |
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| 302 | 450 | | during a business day, |
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| 303 | 451 | | b. each RFID device shall be obtained from the licensee |
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| 304 | 452 | | by a patron, |
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| 305 | 453 | | c. a licensee shall not issue more th an one active RFID |
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| 306 | 454 | | device to a patron, and |
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| 307 | 455 | | d. an RFID device shall be deemed a ctive if the RFID |
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| 308 | 456 | | device contains volume credit or has not yet been used |
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| 309 | 457 | | to dispense ten (10) ounces of wine or thirty -two (32) |
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| 310 | 458 | | ounces of beer. |
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| 311 | 459 | | 2. In order to obtain an RFID dev ice from a licensee, each |
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| 312 | 460 | | patron shall produce a valid driver license, identification card or |
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| 313 | 461 | | other government-issued document that contains a photograph of the |
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| 344 | 516 | | the RFID device can be used for the first time during any business |
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| 345 | 517 | | day or for any subsequent reactivation. |
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| 346 | 518 | | 3. Each RFID device shall become inactive at the end of each |
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| 347 | 519 | | business day. |
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| 348 | 520 | | 4. Each RFID device shall be programmed to allow the dispensing |
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| 349 | 521 | | of no more than ten (10) ounces of wine or thirty -two (32) ounces of |
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| 350 | 522 | | beer to a patron: |
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| 351 | 523 | | a. once an RFID device has been used to dispense ten (10) |
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| 352 | 524 | | ounces of wine or thirty-two (32) ounces of beer to a |
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| 353 | 525 | | patron, the RFID device shall become ina ctive, and |
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| 354 | 526 | | b. any patron in possession of an inactive RFID device |
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| 355 | 527 | | may, upon production of the patron ’s valid |
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| 356 | 528 | | identification to the licensee or licensee ’s employee, |
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| 357 | 529 | | have the RFID device reactivated to allow the |
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| 358 | 530 | | dispensing of an additional ten (10) ounces of wine or |
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| 359 | 531 | | thirty-two (32) ounces of beer from an automated |
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| 360 | 532 | | device. |
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| 361 | 533 | | Paragraphs 1, 2, 3 and 4 of this subsection shall not apply to wine |
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| 362 | 534 | | or beer that is dispensed directly to the li censee or the licensee ’s |
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| 363 | 535 | | agent or employee. |
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| 395 | 591 | | 1. The otherwise prohibited act was committed during the hours |
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| 396 | 592 | | of 8 a.m. to midnight on the day of a scheduled home football game |
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| 397 | 593 | | of institutions within The Oklahoma State System of Higher |
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| 398 | 594 | | Education, and the establishm ent is located within two thousand |
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| 399 | 595 | | (2,000) feet of the institution; |
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| 400 | 596 | | 2. The licensee is participating by invitation in a municipally |
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| 401 | 597 | | sanctioned art, music or sporting event within city limits when the |
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| 402 | 598 | | municipality has provided written notice of the event a nd a list of |
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| 403 | 599 | | invited licensees to the ABLE Commission at least five (5) days |
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| 404 | 600 | | prior to the event; or |
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| 405 | 601 | | 3. The patron remains on the connected, physical property of |
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| 406 | 602 | | the licensee or in a public area adjacent to the physical property |
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| 407 | 603 | | of the licensee with prior municipal approval; provided, that |
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| 408 | 604 | | written notice of the use of the connected, physical property of the |
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| 409 | 605 | | licensee or public area shall be provided to the ABLE Commission at |
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| 410 | 606 | | least five (5) days prior to such use. |
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| 411 | 607 | | SECTION 2. This act shall be come effective November 1, 2025. |
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