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An act relating to alcoholic beverages, the official text

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1                    STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1377               By: Dempsey

4

5

6                    AS INTRODUCED

7   An Act relating to alcoholic beverages; amending 37A

    O.S. 2021, Section 6-103, as last amended by Section

8   1, Chapter 200, O.S.L. 2023 (37A O.S. Supp. 2024,

    Section 6-103), which relates to prohibited acts of

9   retail spirits licensees; expanding exemption for

    offering or furnishing any prize, premium, gift, or

10  similar inducement to a consumer in connection with

    the sale of alcoholic beverages for current or former

11  members of the United States Armed Forces; amending

    37A O.S. 2021, Section 6-108, which relates to

12  prohibited acts of holders of retail wine or retail

    beer licenses; and expanding exemption for offering

13  or furnishing any prize, premium, gift, or similar

    inducement to a consumer in connection with the sale

14  of beer or wine for current or former members of the

    United States Armed Forces; and providing an

15  effective date.

16

17

18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

19  SECTION 1.      AMENDATORY  37A O.S. 2021, Section 6-103, as

20 last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp.

21 2024, Section 6-103), is amended to read as follows:

22  Section 6-103. A. No retail spirits licensee shall:

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24

    Req. No. 11106                                         Page 1
1   1. Purchase or receive any alcoholic beverage other than from a

2 wine and spirits wholesaler, beer distributor, winery or small

3 brewer self-distribution licensee who elects to self-distribute;

4   2. Suffer or permit any retail container to be opened, or any

5 alcoholic beverage to be consumed on the licensed premises, except

6 when serving samples as authorized by Section 2-109 of this title or

7 otherwise permitted by law; provided, the licensee shall not permit

8 any alcoholic beverage content or retail container unsealed in

9 connection with sampling authorized by Section 2-109 of this title

10 to remain on the licensed premises at the close of business on that

11 day, excluding spirits;

12  3. Sell any alcoholic beverages at any hour other than between

13 the hours of 8:00 a.m. and midnight Monday through Saturday, and

14 shall not be permitted to be open on Thanksgiving Day or Christmas

15 Day; provided, a county may, pursuant to the provisions of

16 subsections B and C of Section 3-124 of this title, elect to allow

17 such sales between the hours of noon and midnight on Sunday. Retail

18 spirits licensees shall be permitted to sell alcoholic beverages on

19 the day of any General, Primary, Runoff Primary or Special Election

20 whether on a national, state, county or city election, provided that

21 the election day does not occur on any day on which such sales are

22 otherwise prohibited by law;

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    Req. No. 11106                                                Page 2
1   4. Sell spirits in a city or town, unless such city or town has

2 a population in excess of two hundred (200) according to the latest

3 Federal Decennial Census;

4   5. Sell any alcoholic beverage on credit; provided, that

5 acceptance by a licensee of a cash or debit card or a nationally

6 recognized credit card in lieu of actual cash payment does not

7 constitute the extension of credit; provided, further, as used in

8 this section:

9   a. "cash or debit card" means any instrument or device

10               whether known as a debit card or by any other name,

11               issued with or without fee by an issuer for the use of

12               the cardholder in depositing, obtaining or

13               transferring funds from a consumer banking electronic

14               facility, and

15  b. "nationally recognized credit card" means any

16               instrument or device, whether known as a credit card,

17               credit plate, charge plate or by any other name,

18               issued with or without fee by an issuer for the use of

19               the cardholder in obtaining money, goods, services or

20               anything else of value on credit which is accepted by

21               over one hundred retail locations;

22  6. Offer or furnish any prize, premium, gift or similar

23 inducement to a consumer in connection with the sale of alcoholic

24 beverages, except:

    Req. No. 11106                                                 Page 3
1   a. that goods or merchandise included by the manufacturer

2   in packaging with alcoholic beverages or for packaging

3   with alcoholic beverages shall not be included in this

4   prohibition, but no wholesaler or retailer shall sell

5   any alcoholic beverage prepackaged with other goods or

6   merchandise at a price which is greater than the price

7   at which the alcoholic beverage alone is sold;

8   provided, it shall not be considered inducement or a

9   premium for a retail spirits licensee to have an

10  advertised price posted higher online than the shelf

11  price on the licensed premises,

12  b. retail spirits licensee offering retail packages at a

13  discount from retail price for current or former

14  members of the United States Armed Forces, at the

15  discretion of the licensee; no discount shall make the

16  retail price lower than six-percent markup, as

17  applicable in Section 3-118 of this title; or

18  7. Pay for alcoholic beverages by a check or draft which is

19 dishonored by the drawee when presented to such drawee for payment;

20 and the ABLE Commission may cancel or suspend the license of any

21 retailer who has given a check or draft, as maker or endorser, which

22 is so dishonored upon presentation.

23  B. No retail spirits licensee shall permit any person under

24 twenty-one (21) years of age to enter into or remain within or about

    Req. No. 11106                                     Page 4
1 the licensed premises unless accompanied by the person's parent or

2 legal guardian; provided, however, this restriction shall not apply

3 to an employee of a licensed beer distributor or wine and spirits

4 wholesaler who:

5   1. Is at least eighteen (18) years of age;

6   2. Is accompanied by a coworker at least twenty-one (21) years

7 of age; and

8   3. Enters for the sole purpose of merchandising or delivering

9 product to the licensee in the normal course of business.

10  SECTION 2.          AMENDATORY     37A O.S. 2021, Section 6-108, is

11 amended to read as follows:

12  Section 6-108. No holder of a Retail Wine License or a Retail

13 Beer License shall:

14  1. Purchase or receive any alcoholic beverage other than from a

15 wine and spirits wholesaler, beer distributor, winery or small

16 brewer self-distribution licensee;

17  2. Suffer or permit any retail container to be opened, or any

18 alcoholic beverage to be consumed on the licensed premises, except

19 when serving samples as authorized by Section 2-109 of this title or

20 as otherwise permitted by law; provided, the licensee shall not

21 permit any alcoholic beverages content or retail container unsealed

22 in connection with sampling authorized by Section 2-109 of this

23 title to remain on the licensed premises at the close of the

24 business on that day;

    Req. No. 11106                                                  Page 5
1   3. Sell any beer or wine at any hour other than between the

2 hours of 6:00 a.m. and 2:00 a.m. the following day, Monday through

3 Sunday. Retail wine and retail beer licensees shall be permitted to

4 sell beer and wine on the day of any General, Primary, Runoff

5 Primary or Special Election whether on a national, state, county or

6 city election;

7   4. Sell any beer and wine on credit; except as follows:

8   a. the acceptance by a grocery store, convenience store

9   or drug store of a cash or debit card, or a nationally

10  recognized credit card, in lieu of actual cash payment

11  does not constitute the extension of credit; provided,

12  further, as used in this section:

13  (1) "cash or debit card" means any instrument or

14                  device whether known as a debit card or by any

15                  other name, issued with or without fee by an

16                  issuer for the use of the cardholder in

17                  depositing, obtaining or transferring funds from

18                  a consumer banking electronic facility, and

19  (2) "nationally recognized credit card" means any

20                  instrument or device, whether known as a credit

21                  card, credit plate, charge plate or by any other

22                  name, issued with or without fee by an issuer for

23                  the use of the cardholder in obtaining money,

24                  goods, services or anything else of value on

    Req. No. 11106                                                Page 6
1                      credit which is accepted by over one hundred

2                      retail locations, and

3   b. when the holder of a Retail Wine License, Retail Beer

4   License or Mixed Beverage License is a private

5   membership club, marina, golf course or country club

6   that normally charges food, drinks and other purchases

7   to the member's monthly dues account in the regular

8   course of business, in lieu of actual cash payment at

9   the time of purchase, such practice does not

10  constitute the extension of credit;

11  5. Offer or furnish any prize, premium, gift or similar

12 inducement to a consumer in connection with the sale of beer or

13 wine, except that:

14  a. goods or merchandise included by the manufacturer in

15  packaging with beer or wine or for packaging with beer

16  or wine shall not be included in this prohibition, nor

17  shall a retail wine or retail beer license holder

18  selling wine or beer at a multiunit discount be

19  included in this prohibition; but no retail wine or

20  retail beer licensee shall sell any beer or wine

21  prepackaged with other goods or merchandise at a price

22  which is greater than the price at which the alcoholic

23  beverage alone is sold,

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    Req. No. 11106                                                  Page 7
1   b. retail wine and retail beer licensees offering retail

2   packages at a discount from retail price for former

3   members of the United States Armed Forces, at the

4   discretion of the licensee; no discount shall make the

5   retail price lower than six-percent markup, as

6   applicable in Section 3-118 of this title; or

7   6. Pay for beer or wine by a check or draft which is dishonored

8 by the drawee when presented to such drawee for payment; and the

9 ABLE Commission may cancel or suspend the license of any retailer

10 who has given a check or draft, as maker or endorser, which is so

11 dishonored upon presentation.

12  SECTION 3. This act shall become effective November 1, 2025.

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14  60-1-11106      JL  12/12/24

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    Req. No. 11106                                     Page 8
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