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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1094 By: Coleman
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8 AS INTRODUCED
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9 An Act relating to alcoholic beverage licenses;
9 amending 37A O.S. 2021, Sections 2-109, as amended by
10 Section 2, Chapter 90, O.S.L. 2024, and 2-110, as
10 last amended by Section 1, Chapter 417, O.S.L. 2024
11 (37A O.S. Supp. 2024, Sections 2-109 and 2-110),
11 which relate to retail wine, retail beer, retail
12 spirits, and mixed beverage licenses; allowing
12 certain licensees to sell certain beverages for off-
13 premise consumption; prohibiting the Alcoholic
13 Beverage Laws Enforcement (ABLE) Commission from
14 promulgating certain rules; and providing an
14 effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-109, as
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21 amended by Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp. 2024,
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22 Section 2-109), is amended to read as follows:
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23 Section 2-109. A. A retail spirits license shall authorize the
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24 holder thereof:
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Req. No. 655 Page 1
1 1. To purchase wine or spirits from a wine and spirits
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2 wholesaler;
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3 2. To purchase beer from a beer distributor or from the holder
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4 of a small brewer self-distribution license;
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5 3. To sell same on the licensed premises in such containers to
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6 consumers for off-premises consumption only and not for resale;
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7 provided, spirits, wine and beer may be sold to charitable
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8 organizations that are holders of charitable alcoholic beverage
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9 auction or charitable alcoholic beverage event licenses; and
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10 4. To host alcoholic beverage tastings consistent with
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11 subsections D and E of this section.
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12 B. A retail wine license shall authorize the holder thereof:
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13 1. To purchase wine from a wine and spirits wholesaler;
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14 2. To purchase wine from a small farm winemaker who is permitted
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15 and has elected to self-distribute as provided in Article XXVIII-A
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16 of the Oklahoma Constitution;
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17 3. To sell same on the licensed premises in such containers to
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18 consumers for off-premises consumption only and not for resale;
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19 provided, wine may be sold to charitable organizations that are
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20 holders of charitable alcoholic beverage auction or charitable
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21 alcoholic beverage event licenses; and
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22 4. To host an alcoholic beverage tasting, consistent with
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23 subsections D and E of this section.
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Req. No. 655 Page 2
1 Provided, no holder of a retail wine license may sell wine with
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2 alcohol beverage volume in excess of fifteen percent (15%).
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3 C. A retail beer license shall authorize the holder thereof:
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4 1. To purchase beer from a beer distributor;
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5 2. To purchase beer from the holder of a small brewer self-
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6 distribution license;
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7 3. To sell same on the licensed premises in such containers to
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8 consumers for off-premises consumption only and not for resale;
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9 provided, beer may be sold to charitable organizations that are
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10 holders of charitable alcoholic beverage auction or charitable
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11 alcoholic beverage event licenses; and
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12 4. To host alcoholic beverage tastings consistent with
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13 subsections D and E of this section.
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14 Provided, no holder of a retail beer license may sell a malt
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15 beverage with alcohol beverage volume in excess of fifteen percent
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16 (15%).
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17 D. All tastings conducted under this section shall:
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18 1. Be conducted under the direct supervision of the licensee
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19 authorized to host the tasting;
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20 2. Be poured by any ABLE Commission licensee lawfully permitted
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21 to serve alcoholic beverages, provided no wine or spirits
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22 wholesaler, beer distributor or employee of a wine or spirits
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23 wholesaler or beer distributor shall be allowed to pour samples for
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24 tastings;
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Req. No. 655 Page 3
1 3. Use alcoholic beverages purchased by the licensee authorized
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2 to host the tastings from a licensed wine and spirits wholesaler,
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3 beer distributor, self-distributor, small brewer or self-
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4 distributing winery authorized to sell the same, and the licensee
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5 shall pay the applicable taxes on the alcoholic beverages purchased;
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6 provided, the licensee may only provide samples of alcoholic
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7 beverages that its license is authorized to sell;
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8 4. Be restricted to persons twenty-one (21) years of age or
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9 older;
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10 5. Be limited to no more than one (1) fluid ounce of spirits,
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11 two (2) fluid ounces of wine or three (3) fluid ounces of beer per
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12 consumer per day; and
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13 6. Be consumed on the licensed premises of the licensee
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14 authorized to host the tastings or at a location other than the
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15 licensed premises, provided no samples served on the licensed
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16 premises shall be permitted to be removed from the licensed
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17 premises.
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18 E. All licensees authorized to serve samples pursuant to
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19 subsection D of this section shall ensure that:
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20 1. All samples are poured only from original sealed packaging;
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21 2. Any alcoholic beverages remaining in unsealed packaging used
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22 to provide samples, excluding spirits, are poured out by the end of
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23 the day;
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1 3. No more than six (6) bottles of alcoholic beverages are
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2 unsealed at any given time; and
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3 4. No person shall remove any samples from the licensed premises
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4 or location where the tasting has occurred.
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5 F. 1. Retail spirits, retail wine, and retail beer licensees
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6 shall be authorized to host educational alcoholic beverage training,
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7 which includes tastings, for employees who are licensed to sell such
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8 beverages on the licensed premises in such containers to consumers
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9 for off-premises consumption only. Alcoholic beverages for training
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10 purposes may be provided by wine and spirits wholesaler licensees
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11 and beer distributor licensees.
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12 2. All such tastings shall be consumed on licensed premises of
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13 the licensee authorized to host the tastings or at a location other
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14 than the licensed premises, and under the direct supervision of the
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15 licensee. Samples shall be poured by a licensee who is lawfully
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16 permitted to serve alcoholic beverages on the licensed premises in
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17 such containers to consumers for off-premises consumption only in
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18 this state. Tastings shall be restricted to employees who are
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19 twenty-one (21) years of age or older. Participation in tastings
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20 for educational purposes may be required by an employer; however,
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21 the choice to taste or consume alcoholic beverages shall always be
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22 voluntary. No employee may be required to taste or consume alcohol
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23 at tastings as a condition of employment.
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1 3. An educational tasting of beer may consist of not more than
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2 six separate individual beers of not more than two (2) ounces each,
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3 served together at one time. No employee may sample more than a
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4 total of twelve (12) fluid ounces of beer per day. An educational
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5 tasting of wine may consist of not more than six separate individual
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6 wines of not more than one (1) ounce each, served together at one
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7 time. No employee may sample more than a total of six (6) fluid
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8 ounces of wine per day. An educational tasting of spirits shall
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9 consist of not more than three separate individual spirits of not
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10 more than one-half (0.5) ounce each, served together at one time.
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11 No employee may sample more than a total of one and one-half (1.5)
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12 fluid ounces of spirits per day. No employee may sample more than a
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13 total of twelve (12) ounces of beer, six (6) ounces of wine, or one
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14 and one-half (1.5) ounces of spirits per day. Only one type of
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15 alcoholic beverage of beer, wine, or spirits shall be allowed at any
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16 education training tasting. No combination tasting shall be
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17 allowed. Employees who choose to taste an alcoholic beverage but do
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18 not wish to consume the alcoholic beverage shall be allowed to spit
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19 the beverage into a cup for disposal. Employees may participate in
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20 educational tastings before, during, or after regular business hours
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21 unless otherwise prohibited by law. All licensees serving samples
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22 of beer shall ensure that all samples are poured only from original
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23 sealed packaging and any alcoholic beverages remaining in unsealed
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24 packaging used to provide samples, excluding spirits and wine, are
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Req. No. 655 Page 6
1 poured out by the end of the day. No more than six bottles of
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2 alcoholic beverages may be unsealed at any given time during a
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3 tasting. All packaging containing samples of wine and spirits shall
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4 be clearly marked as a sample and any unused portions of the sample
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5 of wine or spirits shall be resealed and retained by the wine and
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6 spirits wholesaler for use at the next tasting authorized in this
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7 paragraph. Wine and spirits wholesaler employees may transport any
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8 resealed samples of wine and spirits in their vehicles. Beer, wine,
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9 and spirits samples shall not be considered withdrawn from the
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10 inventory of the beer distributor or wine and spirits wholesaler for
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11 purposes of the collection of the excise tax on beer, wine, and
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12 spirits. Tastings offered to licensees by wine and spirits
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13 wholesalers and beer distributors shall not be deemed discrimination
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14 or an inducement under Section 3-123 of this title.
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15 G. Retail spirits, retail wine, and retail beer licensees shall
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16 be authorized to sell such beverages on the licensed premises in
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17 such containers to consumers for off-premises consumption.
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18 SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-110, as
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19 last amended by Section 1, Chapter 417, O.S.L. 2024 (37A O.S. Supp.
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20 2024, Section 2-110), is amended to read as follows:
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21 Section 2-110. A. A mixed beverage license shall authorize the
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22 holder thereof:
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Req. No. 655 Page 7
1 1. To purchase alcohol, spirits, beer and/or wine in retail
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2 containers from the holder of a wine and spirits wholesaler and beer
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3 distributor license as specifically provided by law;
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4 2. To sell, offer for sale and possess mixed beverages for on-
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5 premises consumption only, provided:
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6 a. the holder of a mixed beverage license issued for an
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7 establishment which is also a restaurant may purchase
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8 wine directly from a winemaker and beer directly from
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9 a small brewer who is permitted and has elected to
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10 self-distribute as provided in Article XXVIII-A of the
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11 Oklahoma Constitution, and
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12 b. the holder of a mixed beverage license that is also a
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13 holder of a retail wine license or retail beer license
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14 or both a retail wine license and retail beer license
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15 shall not be prohibited from the on-premises sale of
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16 wine or beer, according to the license held, for off-
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17 premises consumption, subject to the limitations of
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18 the retail wine license or retail beer license; and
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19 3. To sell spirits in their original packages for consumption
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20 on its premises under the following conditions:
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21 a. spirits in their original packages shall remain and be
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22 consumed in the club suite of a mixed beverage
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23 licensee and may not be removed from the club suite if
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24 not consumed in their entirety at or before the
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1 conclusion of the period for which the club suite was
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2 made available to a specific patron or patrons by the
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3 mixed beverage licensee, and
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4 b. spirits in their original packages to be consumed in
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5 the club suite are provided exclusively by the mixed
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6 beverage licensee.
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7 B. Sales and service of mixed beverages by holders of mixed
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8 beverage licenses shall be limited to the licensed premises of the
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9 licensee unless the holder of the mixed beverage license also
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10 obtains a caterer license or a mixed beverage/caterer combination
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11 license, or if the holder of a mixed beverage license is an
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12 Entertainment District Tenant Party as defined in Section 2393 of
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13 Title 68 of the Oklahoma Statutes. A mixed beverage license shall
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14 only be issued in counties of this state where the sale of alcoholic
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15 beverages by the individual drink for on-premises consumption has
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16 been authorized. A separate license shall be required for each
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17 place of business.
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18 C. Sales and service of mixed beverages by holders of mixed
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19 beverage licenses of an Entertainment District Tenant Party shall be
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20 limited to the premises of an Entertainment District. For purposes
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21 of this subsection, premises may be defined as the designated area
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22 of an Entertainment District as defined in Section 2393 of Title 68
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23 of the Oklahoma Statutes.
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1 D. Holders of a mixed beverage license shall not be prohibited
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2 from obtaining and holding a retail beer license or retail wine
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3 license or both a retail beer license and retail wine license; nor
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4 shall the Alcoholic Beverage Laws Enforcement (ABLE) Commission
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5 promulgate any rule that prevents a holder of a mixed beverage
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6 license from operating within the premises of, or immediately
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7 adjacent to, a retail wine or retail beer license; provided, that
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8 each holder qualifies and maintains the qualifications for each
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9 license held as set forth in this title and the rules promulgated by
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10 the Alcoholic Beverage Laws Enforcement (ABLE) Commission.
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11 E. Upon application, a mixed beverage license shall be issued
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12 for any place of business functioning as a motion picture theater,
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13 as defined by Section 1-103 of this title. Provided, that upon
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14 proof of legal age to consume alcohol, every patron being served
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15 alcoholic beverages shall be required to wear a wrist bracelet or
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16 receive a hand stamp identifying the patron as being of legal age to
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17 consume alcohol. This requirement shall only apply inside a motion
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18 picture theater auditorium where individuals under the legal age to
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19 consume alcohol are allowed.
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20 F. Holders of a mixed beverage license with a licensed premises
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21 on a business establishment that meets the classification of a golf
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22 course or country club pursuant to the most recently adopted North
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23 American Industry Classification System (NAICS) may also sell beer
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24 in sealed original packages for on-premises consumption. Such
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1 holders' sales of more than two sealed original packages to one
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2 person at one time for on-premises consumption shall not be
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3 considered an unlawful inducement to stimulate consumption of
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4 alcoholic beverages under the Oklahoma Alcoholic Beverage Control
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5 Act, and patrons may remove sealed original packages from the
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6 licensed premises.
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7 SECTION 3. This act shall become effective November 1, 2025.
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9 60-1-655 CAD 1/16/2025 3:30:52 PM
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Req. No. 655 Page 11Every fact on this page links to its source, starting with the official bill record.