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
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1032 By: Howard
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6 AS INTRODUCED
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7 An Act relating to alcohol licensure; establishing
7 certain protections for certain establishment
8 licensed by the Alcoholic Beverage Laws Enforcement
8 Commission; defining term; requiring certain
9 affidavits; requiring proof of certain violations;
9 requiring certain written policies; directing certain
10 recordkeeping; providing for codification; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 6-130 of Title 37A, unless there
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16 is created a duplication in numbering, reads as follows:
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17 As used in this section:
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18 1. "Employee" means any person paid by an establishment
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19 licensed by the Alcoholic Beverage Laws Enforcement (ABLE)
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20 Commission to sell, serve, dispense, or deliver alcoholic beverages
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21 or to immediately manage, direct, supervise, or control the sale or
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22 service of alcoholic beverages; and
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1 2. "Seller-server training certificate" means a certificate
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2 granted for completing an Oklahoma seller-server certification
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3 course recognized by the ABLE Commission.
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4 SECTION 2. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 6-130.1 of Title 37A, unless
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6 there is created a duplication in numbering, reads as follows:
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7 A. An establishment licensed by the Alcoholic Beverage Laws
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8 Enforcement (ABLE) Commission that claims that the actions of an
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9 employee are not attributable to the establishment licensed by the
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10 ABLE Commission under this act, shall provide to the ABLE
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11 Commission, not later than ten (10) days after receipt of an
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12 administrative notice of violation, an affidavit indicating that the
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13 establishment licensed by the ABLE Commission was in compliance with
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14 the requirements of this act at the time of the violation for which
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15 the administrative notice was issued. At a hearing in which the
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16 establishment licensed by the ABLE Commission claims the benefits of
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17 this act, the establishment licensed by the ABLE Commission may be
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18 required to present additional evidence to support such claim.
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19 B. At a time when an employee does not possess a currently
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20 valid employee license from the ABLE Commission, the action of the
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21 employee shall be attributable to the establishment licensed by the
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22 ABLE Commission if the employee:
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23 1. Sells, furnishes, or gives an alcoholic beverage to:
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24 a. a person who is insane or mentally deficient,
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1 b. a minor, or
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2 c. an intoxicated person; or
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3 2. Allows consumption of an alcoholic beverage by:
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4 a. a person who is insane or mentally deficient,
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5 b. a minor, or
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6 c. an intoxicated person.
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7 C. Proof by the ABLE Commission that an employee performed an
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8 action described this act on three or more occasions within a
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9 twelve-month period shall create a rebuttable presumption that an
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10 establishment licensed by the ABLE Commission has indirectly
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11 encouraged a violation of the law pursuant to this act. The
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12 rebuttable presumption is created regardless of whether the employee
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13 performing the action described in this subsection on a second or
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14 subsequent occasion is the same employee who performed the initial
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15 action. Proof of violation shall be demonstrated by:
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16 1. Producing final orders issued by the ABLE Commission or a
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17 court of competent jurisdiction finding that the establishment
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18 licensed by the ABLE Commission violated this act, on two past
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19 occasions; and
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20 2. Establishing a prima facie case that an employee of the
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21 establishment licensed by the ABLE Commission violated this act on a
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22 third or subsequent occasion.
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1 D. Proof of violation of this act shall be for the same type of
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2 offense and shall have occurred within a twelve-month period, as
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3 calculated from the dates the incidents occurred.
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4 E. A rebuttable presumption shall be established if the ABLE
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5 Commission presents sufficient proof that an establishment licensed
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6 by the ABLE Commission has adhered to the following requirements:
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7 1. Requiring each employee to present a seller-server training
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8 certificate within fourteen (14) days of his or her initial
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9 employment date and attend a seller-server training course every two
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10 (2) years after the initial employment date, unless an employee is
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11 exempt pursuant to Section 2-121 of Title 37A of the Oklahoma
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12 Statutes;
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13 2. Requiring each employee to maintain a currently valid
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14 employee license from the ABLE Commission;
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15 3. Adopting written policies and procedures that are designed
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16 to prohibit:
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17 a. the sale, service, dispensation, or delivery of an
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18 alcoholic beverage to:
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19 (1) a person who is insane or mentally deficient,
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20 (2) a minor, or
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21 (3) an intoxicated person, or
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22 b. the employee from allowing consumption of an alcoholic
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23 beverage by:
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24 (1) a person who is insane or mentally deficient,
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1 (2) a minor, or
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2 (3) an intoxicated person; and
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3 4. Ensuring that all employees have read and understood the
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4 ABLE Commission's policies and procedures established in this act,
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5 and maintaining records for at least one (1) year after the date
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6 employment was terminated that show that each employee had read and
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7 understood the license or permit holder's then current policies and
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8 procedures established under this act.
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9 F. At a hearing in which the establishment licensed by the ABLE
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10 Commission asserts the affirmative defense established in this act,
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11 the Commission may present evidence to establish a rebuttable
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12 presumption under this section. If the evidence is sufficient to
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13 establish a prima facie case, the burden of persuasion in the
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14 proceeding shifts to the establishment licensed by the ABLE
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15 Commission to show that it has not indirectly encouraged a violation
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16 of the law within the meaning of this act.
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17 G. Nothing in this act shall be construed to establish
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18 exclusive means by which the ABLE Commission may establish that a
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19 license or permit holder has indirectly encouraged a violation of
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20 this act.
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21 SECTION 3. This act shall become effective November 1, 2025.
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23 60-1-598 CAD 1/16/2025 2:31:33 PM
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Req. No. 598 Page 5Every fact on this page links to its source, starting with the official bill record.