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Oklahoma Legislature· HB 1381Fourth Reading rescinded

An act relating to alcoholic beverages, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                      STATE OF OKLAHOMA

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

3 HOUSE BILL 1381                  By: Dempsey

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5

6                               AS INTRODUCED

7        An Act relating to alcoholic beverages; amending 37A

         O.S. 2021, Section 1-107, which relates to the powers

8        and duties of the Oklahoma Alcoholic Beverage Laws

         Enforcement Commission; requiring an annual report

9        that contains certain information to be made

         available to certain individuals; requiring report to

10       be made available online; and providing an effective

         date.

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

14  SECTION 1.         AMENDATORY  37A O.S. 2021, Section 1-107, is

15 amended to read as follows:

16  Section 1-107. A. The ABLE Commission shall have the following

17 powers and duties:

18  1. To supervise, inspect and regulate every phase of the

19 business of manufacturing, importing, exporting, transporting,

20 storing, selling, distributing and possessing for the purpose of

21 sale, all alcoholic beverages which shall be necessary and proper to

22 carry out the purposes of the Oklahoma Alcoholic Beverage Control

23 Act;

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    Req. No. 11110                                                 Page 1
1   2. To promulgate rules, in the manner herein provided, to carry

2 out the purposes of the Oklahoma Alcoholic Beverage Control Act;

3   3. To have the sole authority to issue any license provided for

4 in the Oklahoma Alcoholic Beverage Control Act and except as

5 provided in Sections 101 and 102 of this act with respect to cities,

6 towns and counties, and except as may be provided under Title 68 of

7 the Oklahoma Statutes with respect to the Oklahoma Tax Commission,

8 no other agency, instrumentality or political subdivision of this

9 state shall be authorized to issue any license or permit allowing

10 any licensee to engage in any activity covered by the Oklahoma

11 Alcoholic Beverage Control Act anywhere within the State of

12 Oklahoma;

13  4. To refuse to issue any license provided for in the Oklahoma

14 Alcoholic Beverage Control Act for cause provided for in the

15 Oklahoma Alcoholic Beverage Control Act;

16  5. To revoke or suspend, for cause after hearing, any license

17 issued under the authority of the Oklahoma Alcoholic Beverage

18 Control Act;

19  6. To prescribe the forms of all reports which it deems

20 necessary in administering the Oklahoma Alcoholic Beverage Control

21 Act;

22  7. To fix standards not in conflict with those prescribed by

23 any law of this state or of the United States, to secure the use of

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    Req. No. 11110                                                 Page 2
1 proper ingredients and methods of manufacture and dispensing of

2 alcoholic beverages;

3   8. To make seizures of alcoholic beverages manufactured, sold,

4 possessed, imported or transported in violation of the Oklahoma

5 Alcoholic Beverage Control Act, and apply for the confiscation

6 thereof whenever required by the Oklahoma Alcoholic Beverage Control

7 Act, and cooperate in the prosecution of offenders before any court

8 of competent jurisdiction;

9   9. To submit to the Governor and members of the State

10 Legislature annual or semiannual reports upon request of the

11 Governor;

12  10. To prepare an annual report by December 31 of each year

13 listing the number of licenses revoked or suspended and the basis

14 for the action. The report shall also include the number of tickets

15 written, the total amount of the tickets and the total amount

16 penalized. The report shall be delivered to the Governor, Speaker

17 of the Oklahoma House of Representatives and President Pro-temp of

18 the Oklahoma State Senate, and made public on the ABLE website.

19  11. To inspect or cause to be inspected any premises where

20 alcoholic beverages are manufactured, stored, distributed, sold,

21 dispensed or served;

22  11. 12. In the conduct of any hearing authorized to be held by

23 the ABLE Commission:

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    Req. No. 11110                                                  Page 3
1   a. to examine or cause to be examined, under oath, any

2             person,

3   b. to examine or cause to be examined books and records

4             of any licensee,

5   c. to hear testimony and take proof material for the ABLE

6             Commission's information and the discharge of its

7             duties hereunder,

8   d. to administer or cause to be administered oaths, and

9   e. to issue subpoenas for the attendance of witnesses and

10            the production of books or records which shall be

11            effective in any part of the state. Any district

12            court or any judge thereof, either in term or

13            vacation, may by order duly entered require the

14            attendance of witnesses and the production of relevant

15            books or records subpoenaed by the ABLE Commission,

16            and the court or judge may compel obedience to the

17            order by proceedings for contempt;

18  12. 13. To prescribe the kind and size of retail containers of

19 alcoholic beverages which may be purchased, possessed and sold by a

20 licensee;

21  13. 14. To prescribe by rule, in addition to those herein

22 required, the kinds of records to be kept and reports to be rendered

23 by licensees, and the information to be shown therein; provided,

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    Req. No. 11110                                               Page 4
1 that the period for which all such records and reports be retained

2 shall not be less than five (5) years;

3   14. 15. To gather, compile and print such statistical data as

4 may in the opinion of the ABLE Commission be needed or useful, and

5 prescribe charges or fees to be collected from any person or company

6 to whom such data shall be provided. No reports shall contain sales

7 information by name or license number;

8   15. 16. To educate persons employed by licensees to sell or

9 serve alcoholic beverages as to the provisions of Article XXVIIIA of

10 the Oklahoma Constitution and the Oklahoma Alcoholic Beverage

11 Control Act, with emphasis on recognizing and preventing

12 intoxication and particular emphasis on those provisions prohibiting

13 the selling or serving of alcoholic beverages to minors. The ABLE

14 Commission may contract with one or more entities, including but not

15 limited to the Oklahoma Department of Mental Health and Substance

16 Abuse Services, to perform the duties specified in this paragraph;

17  16. 17. To purchase motor vehicles necessary for use in its

18 operations. Such motor vehicles shall not be required to have any

19 type of identifying marking thereon;

20  17. 18. To purchase insurance on the motor vehicles owned and

21 operated by the ABLE Commission in accordance with statutory

22 provisions, subject to the approval of the Risk Management

23 Administrator as provided for in Section 85.58A of Title 74 of the

24 Oklahoma Statutes;

    Req. No. 11110                                                Page 5
1   18. 19. To approve or reject any official bond required to be

2 filed with the ABLE Commission; and

3   19. 20. To exercise all other powers and duties conferred by

4 the Oklahoma Alcoholic Beverage Control Act, and all powers

5 incidental, convenient or necessary to enable it to administer or

6 carry out any of the provisions of the Oklahoma Alcoholic Beverage

7 Control Act.

8   B. The ABLE Commission shall promulgate rules, pursuant to the

9 Administrative Procedures Act, to carry out the purposes of the

10 Oklahoma Alcoholic Beverage Control Act.

11  SECTION 2. This act shall become effective November 1, 2025.

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13  60-1-11110      JL  01/04/25

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    Req. No. 11110                                                 Page 6
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