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Oklahoma Legislature· SB 1034Second Reading referred to Business and Insurance

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

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

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3 SENATE BILL 1034              By: Coleman
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6                    AS INTRODUCED

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7   An Act relating to alcoholic beverages; amending 37A

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

8   1, Chapter 200, O.S.L. 2023, and 6-104 (37A O.S.

8   Supp. 2024, Section 6-103), which relate to

9   prohibited acts of retail spirits and wholesaler

9   licensees; expanding exemption for offering or

10  furnishing any prize, premium, gift, or similar

10  inducement to a consumer in connection with the sale

11  of alcoholic beverages; prohibiting any amount of

11  spirits or wines to be sold to any licensee below a

12  certain price; providing exemptions; and providing an

12  effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.      AMENDATORY  37A O.S. 2021, Section 6-103, as

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17 last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp.
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18 2024, Section 6-103), is amended to read as follows:
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19  Section 6-103. A. No retail spirits licensee shall:

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

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21 wine and spirits wholesaler, beer distributor, winery or small
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22 brewer self-distribution licensee who elects to self-distribute;
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23  2. Suffer or permit any retail container to be opened, or any

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24 alcoholic beverage to be consumed on the licensed premises, except
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    Req. No. 622                                              Page 1
1 when serving samples as authorized by Section 2-109 of this title or
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2 otherwise permitted by law; provided, the licensee shall not permit
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3 any alcoholic beverage content or retail container unsealed in
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4 connection with sampling authorized by Section 2-109 of this title
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5 to remain on the licensed premises at the close of business on that
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6 day, excluding spirits;
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7   3. Sell any alcoholic beverages at any hour other than between

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8 the hours of 8:00 a.m. and midnight Monday through Saturday, and
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9 shall not be permitted to be open on Thanksgiving Day or Christmas
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10 Day; provided, a county may, pursuant to the provisions of
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11 subsections B and C of Section 3-124 of this title, elect to allow
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12 such sales between the hours of noon and midnight on Sunday. Retail
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13 spirits licensees shall be permitted to sell alcoholic beverages on
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14 the day of any General, Primary, Runoff Primary or Special Election
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15 whether on a national, state, county or city election, provided that
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16 the election day does not occur on any day on which such sales are
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17 otherwise prohibited by law;
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18  4. Sell spirits in a city or town, unless such city or town has

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19 a population in excess of two hundred (200) according to the latest
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20 Federal Decennial Census;
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21  5. Sell any alcoholic beverage on credit; provided, that

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22 acceptance by a licensee of a cash or debit card or a nationally
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23 recognized credit card in lieu of actual cash payment does not
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    Req. No. 622                                               Page 2
1 constitute the extension of credit; provided, further, as used in
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2 this section:
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3   a. "cash or debit card" means any instrument or device

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

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

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6                 the cardholder in depositing, obtaining or

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7                 transferring funds from a consumer banking electronic

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8                 facility, and

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9   b. "nationally recognized credit card" means any

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

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

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

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13                the cardholder in obtaining money, goods, services or

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14                anything else of value on credit which is accepted by

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15                over one hundred retail locations;

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

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17 inducement to a consumer in connection with the sale of alcoholic
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18 beverages, except that:
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19  a. goods or merchandise included by the manufacturer in

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20                packaging with alcoholic beverages or for packaging

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21                with alcoholic beverages shall not be included in this

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22                prohibition, but; provided, that no wholesaler or

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23                retailer shall sell any alcoholic beverage prepackaged

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24                with other goods or merchandise at a price which is

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    Req. No. 622                                              Page 3
1                 greater than the price at which the alcoholic beverage

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2                 alone is sold; provided, it shall not be considered

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3                 inducement or a premium for a nor shall a retail

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4                 spirits license holder selling wine, spirits, or beer

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5                 at a multiunit discount be included in this

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6                 prohibition, or

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7   b. that a retail spirits licensee to have an advertised

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8                 may advertise a price posted higher online than the

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9                 shelf price on the licensed premises; or

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

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11 dishonored by the drawee when presented to such drawee for payment;
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12 and the ABLE Commission may cancel or suspend the license of any
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13 retailer who has given a check or draft, as maker or endorser, which
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14 is so dishonored upon presentation.
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15  B. No retail spirits licensee shall permit any person under

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16 twenty-one (21) years of age to enter into or remain within or about
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17 the licensed premises unless accompanied by the person's parent or
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18 legal guardian; provided, however, this restriction shall not apply
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19 to an employee of a licensed beer distributor or wine and spirits
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20 wholesaler who:
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21  1. Is at least eighteen (18) years of age;

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

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23 of age; and
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    Req. No. 622                                               Page 4
1   3. Enters for the sole purpose of merchandising or delivering

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2 product to the licensee in the normal course of business.
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3   SECTION 2.    AMENDATORY          37A O.S. 2021, Section 6-104, is

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4 amended to read as follows:
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5   Section 6-104. No wine or spirits wholesaler licensee shall

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6 sell or deliver, and no wine or spirits retail licensee shall
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7 receive:
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8   1. Any amount of spirits or wines to any licensee on Sunday; or

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9   2. Any amount of spirits or wines to any licensee on New Year's

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10 Day, the Fourth of July, Thanksgiving Day or Christmas Day; or
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11  3. Any amount of spirits or wines to any licensee at a price

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12 less than fifteen percent (15%) above the wine and spirits
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13 wholesaler's laid in cost of such spirit or wine; provided, this
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14 provision shall not apply to any spirit or wine which the wine and
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15 spirit wholesaler has discontinued or closed out from its brand
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16 offerings in this state. For purposes of this section, "laid in
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17 cost" shall mean the wine and spirit wholesaler's cost from the
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18 supplier, less supplier support if any, plus any inbound freight
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19 costs, handling costs, and taxes.
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20  SECTION 3. This act shall become effective November 1, 2025.

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22  60-1-622      CAD          1/16/2025 2:32:37 PM

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    Req. No. 622                                               Page 5
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