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
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 1099 By: Mann
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Sections 1-103 and 2-110, as last amended
8 by Section 1, Chapters 416 and 417, O.S.L. 2024, and
8 6-113 (37A O.S. Supp. 2024, Sections 1-103 and 2-
9 110), which relate to definitions, mixed beverage
9 licenses, and unlawful possession of alcoholic
10 beverages with intent to sell without procuring a
10 license; defining term; providing certain exceptions;
11 allowing the sale of vintage distilled spirits by
11 certain sellers; providing for codification; and
12 providing an effective date.
12
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. AMENDATORY 37A O.S. 2021, Section 1-103, as
16
17 last amended by Section 1, Chapter 416, O.S.L. 2024 (37A O.S. Supp.
17
18 2024, Section 1-103), is amended to read as follows:
18
19 Section 1-103. As used in the Oklahoma Alcoholic Beverage
19
20 Control Act:
20
21 1. "ABLE Commission" or "Commission" means the Alcoholic
21
22 Beverage Laws Enforcement Commission;
22
23 2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl
23
24 alcohol, ethanol or spirits of wine, from whatever source or by
24
Req. No. 895 Page 1
1 whatever process produced. It does not include wood alcohol or
1
2 alcohol which has been denatured or produced as denatured in
2
3 accordance with Acts of Congress and regulations promulgated
3
4 thereunder;
4
5 3. "Alcoholic beverage" means alcohol, spirits, beer and wine
5
6 as those terms are defined herein and also includes every liquid or
6
7 solid, patented or not, containing alcohol, spirits, wine or beer
7
8 and capable of being consumed as a beverage by human beings;
8
9 4. "Applicant" means any individual, legal or commercial
9
10 business entity, or any individual involved in any legal or
10
11 commercial business entity allowed to hold any license issued in
11
12 accordance with the Oklahoma Alcoholic Beverage Control Act;
12
13 5. "Beer" means any beverage containing more than one-half of
13
14 one percent (0.50%) of alcohol by volume and obtained by the
14
15 alcoholic fermentation of an infusion or decoction of barley, or
15
16 other grain, sugar, malt or similar products. For the purposes of
16
17 taxation, distribution, sales, and regulation, seltzer shall mean
17
18 the same as beer as provided in this section. Beer may or may not
18
19 contain hops or other vegetable products. Beer includes, among
19
20 other things, beer, ale, stout, lager beer, porter, seltzer, and
20
21 other malt or brewed liquors, but does not include sake, known as
21
22 Japanese rice wine;
22
23 6. "Beer keg" means any brewer-sealed, single container that
23
24 contains not less than four (4) gallons of beer;
24
Req. No. 895 Page 2
1 7. "Beer distributor" means and includes any person licensed to
1
2 distribute beer for retail sale in this state, but does not include
2
3 a holder of a small brewer self-distribution license or brewpub
3
4 self-distribution license. The term distributor, as used in the
4
5 Oklahoma Alcoholic Beverage Control Act, shall be construed to refer
5
6 to a beer distributor;
6
7 8. "Bottle club" means any establishment in a county which has
7
8 not authorized the retail sale of alcoholic beverages by the
8
9 individual drink, which is required to be licensed to keep, mix and
9
10 serve alcoholic beverages belonging to club members on club
10
11 premises;
11
12 9. "Bottle service" means the sale and provision of spirits in
12
13 their original packages by a mixed beverage licensee to be consumed
13
14 in that mixed beverage licensee's club suite;
14
15 10. "Brand" means any word, name, group of letters, symbol or
15
16 combination thereof, that is adopted and used by a licensed brewer
16
17 to identify a specific beer, wine or spirit and to distinguish that
17
18 product from another beer, wine or spirit;
18
19 11. "Brand extension" means:
19
20 a. after October 1, 2018, any brand of beer or cider
20
21 introduced by a manufacturer in this state which
21
22 either:
22
23
23
24
24
Req. No. 895 Page 3
1 (1) incorporates all or a substantial part of the
1
2 unique features of a preexisting brand of the
2
3 same licensed brewer, or
3
4 (2) relies to a significant extent on the goodwill
4
5 associated with the preexisting brand, or
5
6 b. any brand of beer that a brewer, the majority of whose
6
7 total volume of all brands of beer distributed in this
7
8 state by such brewer on January 1, 2016, was
8
9 distributed as low-point beer, desires to sell,
9
10 introduces, begins selling or theretofore has sold and
10
11 desires to continue selling a strong beer in this
11
12 state which either:
12
13 (1) incorporates or incorporated all or a substantial
13
14 part of the unique features of a preexisting low-
14
15 point beer brand of the same licensed brewer, or
15
16 (2) relies or relied to a significant extent on the
16
17 goodwill associated with a preexisting low-point
17
18 beer brand;
18
19 12. "Brewer" means and includes any person who manufactures for
19
20 human consumption by the use of raw materials or other ingredients
20
21 any beer or cider upon which a license fee and a tax are imposed by
21
22 any law of this state;
22
23 13. "Brewpub" means a licensed establishment operated on the
23
24 premises of, or on premises located contiguous to, a small brewer,
24
Req. No. 895 Page 4
1 that prepares and serves food and beverages, including alcoholic
1
2 beverages, for on-premises consumption;
2
3 14. "Cider" means any alcoholic beverage obtained by the
3
4 alcoholic fermentation of fruit juice, including but not limited to
4
5 flavored, sparkling or carbonated cider. For the purposes of the
5
6 manufacture of this product, cider may be manufactured by either
6
7 manufacturers or brewers. For the purposes of the distribution of
7
8 this product, cider may be distributed by either wine and spirits
8
9 wholesalers or beer distributors;
9
10 15. "Club suite" means a designated area within the premises of
10
11 a mixed beverage licensee designed to provide an exclusive space
11
12 which is limited to a patron or patrons specifically granted access
12
13 by a mixed beverage licensee and is not accessible to other patrons
13
14 of the mixed beverage licensee or the public. A club suite must
14
15 have a clearly designated point of access for a patron or patrons
15
16 specifically granted access by the mixed beverage licensee to ensure
16
17 that persons present in the suite are limited to patrons
17
18 specifically granted access by the mixed beverage licensee and
18
19 employees providing services to the club suite;
19
20 16. "Cocktail" means a type of mixed beverage as defined in
20
21 Section 7-102 of this title;
21
22 17. "Convenience store" means any person primarily engaged in
22
23 retailing a limited range of general household items and groceries,
23
24
24
Req. No. 895 Page 5
1 with extended hours of operation, whether or not engaged in retail
1
2 sales of automotive fuels in combination with such sales;
2
3 18. "Convicted" and "conviction" mean and include a finding of
3
4 guilt resulting from a plea of guilty or nolo contendere, the
4
5 decision of a court or magistrate or the verdict of a jury,
5
6 irrespective of the pronouncement of judgment or the suspension
6
7 thereof;
7
8 19. "Designated products" means the brands of wine or spirits
8
9 offered for sale by a manufacturer that the manufacturer has
9
10 assigned to a designated wholesaler for exclusive distribution;
10
11 20. "Designated wholesaler" means a wine and spirits wholesaler
11
12 who has been selected by a manufacturer as a wholesaler appointed to
12
13 distribute designated products;
13
14 21. "Director" means the Director of the ABLE Commission;
14
15 22. "Distiller" means any person who produces spirits from any
15
16 source or substance, or any person who brews or makes mash, wort or
16
17 wash, fit for distillation or for the production of spirits (except
17
18 a person making or using such material in the authorized production
18
19 of wine or beer, or the production of vinegar by fermentation), or
19
20 any person who by any process separates alcoholic spirits from any
20
21 fermented substance, or any person who, making or keeping mash, wort
21
22 or wash, has also in his or her possession or use a still;
22
23
23
24
24
Req. No. 895 Page 6
1 23. "Distributor agreement" means the written agreement between
1
2 the distributor and brewer as set forth in Section 3-108 of this
2
3 title;
3
4 24. "Drug store" means a person primarily engaged in retailing
4
5 prescription and nonprescription drugs and medicines;
5
6 25. "Dual-strength beer" means a brand of beer that,
6
7 immediately prior to April 15, 2017, was being sold and distributed
7
8 in this state:
8
9 a. as a low-point beer pursuant to the Low-Point Beer
9
10 Distribution Act in effect immediately prior to
10
11 October 1, 2018, and
11
12 b. as strong beer pursuant to the Oklahoma Alcoholic
12
13 Beverage Control Act in effect immediately prior to
13
14 October 1, 2018,
14
15 and continues to be sold and distributed as such on October 1, 2018.
15
16 Dual-strength beer does not include a brand of beer that arose as a
16
17 result of a brand extension as defined in this section;
17
18 26. "Fair market value" means the value in the subject
18
19 territory covered by the written agreement with the distributor or
19
20 wholesaler that would be determined in an arm's length transaction
20
21 entered into without duress or threat of termination of the
21
22 distributor's or wholesaler's rights and shall include all elements
22
23 of value, including goodwill and going-concern value;
23
24 27. "Good cause" means:
24
Req. No. 895 Page 7
1 a. failure by the distributor to comply with the material
1
2 and reasonable provisions of a written agreement or
2
3 understanding with the brewer, or
3
4 b. failure by the distributor to comply with the duty of
4
5 good faith;
5
6 28. "Good faith" means the duty of each party to any
6
7 distributor agreement and all officers, employees or agents thereof
7
8 to act with honesty in fact and within reasonable standards of fair
8
9 dealing in the trade;
9
10 29. "Grocery store" means a person primarily engaged in
10
11 retailing a general line of food, such as canned or frozen foods,
11
12 fresh fruits and vegetables, and fresh and prepared meats, fish and
12
13 poultry;
13
14 30. "Hotel" or "motel" means an establishment which is licensed
14
15 to sell alcoholic beverages by the individual drink and which
15
16 contains guest room accommodations with respect to which the
16
17 predominant relationship existing between the occupants thereof and
17
18 the owner or operator of the establishment is that of innkeeper and
18
19 guest. For purposes of this section, the existence of other legal
19
20 relationships as between some occupants and the owner or operator
20
21 thereof shall be immaterial;
21
22 31. "Legal newspaper" means a newspaper meeting the requisites
22
23 of a newspaper for publication of legal notices as prescribed in
23
24 Sections 101 through 114 of Title 25 of the Oklahoma Statutes;
24
Req. No. 895 Page 8
1 32. "Licensee" means any person holding a license under the
1
2 Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
2
3 employee of such licensee while in the performance of any act or
3
4 duty in connection with the licensed business or on the licensed
4
5 premises;
5
6 33. "Low-point beer" shall mean any beverages containing more
6
7 than one-half of one percent (1/2 of 1%) alcohol by volume, and not
7
8 more than three and two-tenths percent (3.2%) alcohol by weight,
8
9 including but not limited to beer or cereal malt beverages obtained
9
10 by the alcoholic fermentation of an infusion by barley or other
10
11 grain, malt or similar products;
11
12 34. "Manufacturer" means a distiller, winemaker, rectifier or
12
13 bottler of any alcoholic beverage (other than beer) and its
13
14 subsidiaries, affiliates and parent companies;
14
15 35. "Manufacturer's agent" means a salaried or commissioned
15
16 salesperson who is the agent authorized to act on behalf of the
16
17 manufacturer or nonresident seller in this state;
17
18 36. "Meals" means foods commonly ordered at lunch or dinner and
18
19 at least part of which is cooked on the licensed premises and
19
20 requires the use of dining implements for consumption. Provided,
20
21 that the service of only food such as appetizers, sandwiches, salads
21
22 or desserts shall not be considered meals;
22
23
23
24
24
Req. No. 895 Page 9
1 37. "Mini-bar" means a closed container, either refrigerated in
1
2 whole or in part, or unrefrigerated, and access to the interior of
2
3 which is:
3
4 a. restricted by means of a locking device which requires
4
5 the use of a key, magnetic card or similar device, or
5
6 b. controlled at all times by the licensee;
6
7 38. "Mixed beverage cooler" means any beverage, by whatever
7
8 name designated, consisting of an alcoholic beverage and fruit or
8
9 vegetable juice, fruit or vegetable flavorings, dairy products or
9
10 carbonated water containing more than one-half of one percent (1/2
10
11 of 1%) of alcohol measured by volume but not more than seven percent
11
12 (7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
12
13 packaged in a container not larger than three hundred seventy-five
13
14 (375) milliliters. Such term shall include but not be limited to
14
15 the beverage popularly known as a "wine cooler";
15
16 39. "Mixed beverages" means one or more servings of a beverage
16
17 composed in whole or in part of an alcoholic beverage in a sealed or
17
18 unsealed container of any legal size for consumption on the premises
18
19 where served or sold by the holder of a mixed beverage, beer and
19
20 wine, caterer, public event, charitable event or special event
20
21 license; provided, that a beer, cider, or wine mixed with
21
22 ingredients nonalcoholic in nature including, but not limited to,
22
23 water, juice, sugar, fruits, or vegetables and sold by a small
23
24 brewer, brewpub, small farm winery, or winemaker, shall not be
24
Req. No. 895 Page 10
1 considered a mixed beverage so long as such small brewer, brewpub,
1
2 small farm winery, or winemaker does not also hold an on-premises
2
3 beer and wine, mixed beverage, caterer, public event, or special
3
4 event license, if permitted by law;
4
5 40. "Motion picture theater" means an establishment which is
5
6 licensed by Section 2-110 of this title to sell alcoholic beverages
6
7 by the individual drink and where motion pictures are exhibited, and
7
8 to which the general public is admitted;
8
9 41. "Nondesignated products" means the brands of wine or
9
10 spirits offered for sale by a manufacturer that have not been
10
11 assigned to a designated wholesaler;
11
12 42. "Nonresident seller" means any person licensed pursuant to
12
13 Section 2-135 of this title;
13
14 43. "Retail salesperson" means a salesperson soliciting orders
14
15 from and calling upon retail alcoholic beverage stores with regard
15
16 to his or her product;
16
17 44. "Occupation" as used in connection with "occupation tax"
17
18 means the sites occupied as the places of business of the
18
19 manufacturers, brewers, wholesalers, beer distributors, retailers,
19
20 mixed beverage licensees, on-premises beer and wine licensees,
20
21 bottle clubs, caterers, public event and special event licensees;
21
22 45. "Original package" means any container of alcoholic
22
23 beverage filled and stamped or sealed by the manufacturer or brewer;
23
24
24
Req. No. 895 Page 11
1 46. "Package store" means any sole proprietor or partnership
1
2 that qualifies to sell wine, beer and/or spirits for off-premises
2
3 consumption and that is not a grocery store, convenience store or
3
4 drug store, or other retail outlet that is not permitted to sell
4
5 wine or beer for off-premises consumption;
5
6 47. "Patron" means any person, customer or visitor who is not
6
7 employed by a licensee or who is not a licensee;
7
8 48. "Person" means an individual, any type of partnership,
8
9 corporation, association, limited liability company or any
9
10 individual involved in the legal structure of any such business
10
11 entity;
11
12 49. "Premises" means the grounds and all buildings and
12
13 appurtenances pertaining to the grounds including any adjacent
13
14 premises if under the direct or indirect control of the licensee and
14
15 the rooms and equipment under the control of the licensee and used
15
16 in connection with or in furtherance of the business covered by a
16
17 license. Provided, that the ABLE Commission shall have the
17
18 authority to designate areas to be excluded from the licensed
18
19 premises solely for the purpose of:
19
20 a. allowing the presence and consumption of alcoholic
20
21 beverages by private parties which are closed to the
21
22 general public, or
22
23 b. allowing the services of a caterer serving alcoholic
23
24 beverages provided by a private party.
24
Req. No. 895 Page 12
1 This exception shall in no way limit the licensee's concurrent
1
2 responsibility for any violations of the Oklahoma Alcoholic Beverage
2
3 Control Act occurring on the licensed premises;
3
4 50. "Private event" means a social gathering or event attended
4
5 by invited guests who share a common cause, membership, business or
5
6 task and have a prior established relationship. For purposes of
6
7 this definition, advertisement for general public attendance or
7
8 sales of tickets to the general public shall not constitute a
8
9 private event;
9
10 51. "Public event" means any event that can be attended by the
10
11 general public;
11
12 52. "Rectifier" means any person who rectifies, purifies or
12
13 refines spirits or wines by any process (other than by original and
13
14 continuous distillation, or original and continuous processing, from
14
15 mash, wort, wash or other substance, through continuous closed
15
16 vessels and pipes, until the production thereof is complete), and
16
17 any person who, without rectifying, purifying or refining spirits,
17
18 shall by mixing (except for immediate consumption on the premises
18
19 where mixed) such spirits, wine or other liquor with any material,
19
20 manufactures any spurious, imitation or compound liquors for sale,
20
21 under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
21
22 or any other name;
22
23 53. "Regulation" or "rule" means a formal rule of general
23
24 application promulgated by the ABLE Commission as herein required;
24
Req. No. 895 Page 13
1 54. "Restaurant" means an establishment that is licensed to
1
2 sell alcoholic beverages by the individual drink for on-premises
2
3 consumption and where food is prepared and sold for immediate
3
4 consumption on the premises;
4
5 55. "Retail container for spirits and wines" means an original
5
6 package of any capacity approved by the United States Bureau of
6
7 Alcohol, Tobacco, Firearms and Explosives;
7
8 56. "Retailer" means a package store, grocery store,
8
9 convenience store or drug store licensed to sell alcoholic beverages
9
10 for off-premises consumption pursuant to a retail spirits license,
10
11 retail wine license or retail beer license;
11
12 57. "Sale" means any transfer, exchange or barter in any manner
12
13 or by any means whatsoever, and includes and means all sales made by
13
14 any person, whether as principal, proprietor or as an agent, servant
14
15 or employee. The term sale is also declared to be and include the
15
16 use or consumption in this state of any alcoholic beverage obtained
16
17 within or imported from without this state, upon which the excise
17
18 tax levied by the Oklahoma Alcoholic Beverage Control Act has not
18
19 been paid or exempted;
19
20 58. "Seltzer" means any beverage containing more than one-half
20
21 of one percent (0.50%) of alcohol by volume and obtained by the
21
22 alcoholic fermentation of malt, rice, grain of any kind, bran,
22
23 glucose, sugar, or molasses and combined with carbonated water and
23
24 other flavoring and labeled as "beer" by the Internal Revenue Code;
24
Req. No. 895 Page 14
1 provided, that seltzer shall not include carbonated beverages mixed
1
2 with wine or spirits;
2
3 59. "Short-order food" means food other than full meals
3
4 including but not limited to sandwiches, soups and salads.
4
5 Provided, that popcorn, chips and other similar snack food shall not
5
6 be considered short-order food;
6
7 60. "Small brewer" means a brewer who manufactures less than
7
8 sixty-five thousand (65,000) barrels of beer annually pursuant to a
8
9 validly issued small brewer license hereunder;
9
10 61. "Small farm wine" means a wine that is produced by a small
10
11 farm winery with seventy-five percent (75%) or more Oklahoma-grown
11
12 grapes, berries, other fruits, honey or vegetables;
12
13 62. "Small farm winery" means a wine-making establishment that
13
14 does not annually produce for sale more than fifteen thousand
14
15 (15,000) gallons of wine as reported on the United States Department
15
16 of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of
16
17 Wine Premises Operations (TTB Form 5120.17);
17
18 63. "Sparkling wine" means champagne or any artificially
18
19 carbonated wine;
19
20 64. "Special event" means an entertainment, recreation or
20
21 marketing event that occurs at a single location on an irregular
21
22 basis and at which alcoholic beverages are sold;
22
23 65. "Spirits" means any beverage other than wine or beer, which
23
24 contains more than one-half of one percent (1/2 of 1%) alcohol
24
Req. No. 895 Page 15
1 measured by volume, and obtained by distillation, whether or not
1
2 mixed with other substances in solution and includes those products
2
3 known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and
3
4 fortified wines and similar compounds, but shall not include any
4
5 alcohol liquid completely denatured in accordance with the Acts of
5
6 Congress and regulations pursuant thereto;
6
7 66. "Strong beer" means beer which, prior to October 1, 2018,
7
8 was distributed pursuant to the Oklahoma Alcoholic Beverage Control
8
9 Act, Section 1-101 et seq. of this title;
9
10 67. "Successor brewer" means a primary source of supply, a
10
11 brewer, a cider manufacturer or an importer that acquires rights to
11
12 a beer or cider brand from a predecessor brewer;
12
13 68. "Tax Commission" means the Oklahoma Tax Commission;
13
14 69. "Territory" means a geographic region with a specified
14
15 boundary;
15
16 70. "Vintage distilled spirit" means a package or packages of
16
17 distilled spirits that are:
17
18 a. in the original manufacturer's unopened container,
18
19 b. not owned by a distillery, and
19
20 c. not otherwise available for purchase from a licensed
20
21 wholesaler within this state;
21
22 71. "Wine and spirits wholesaler" or "wine and spirits
22
23 distributor" means and includes any sole proprietorship or
23
24 partnership licensed to distribute wine and spirits in this state.
24
Req. No. 895 Page 16
1 The term "wholesaler", as used in the Oklahoma Alcoholic Beverage
1
2 Control Act, shall be construed to refer to a wine and spirits
2
3 wholesaler;
3
4 71. 72. "Wine" means and includes any beverage containing more
4
5 than one-half of one percent (1/2 of 1%) alcohol by volume and not
5
6 more than twenty-four percent (24%) alcohol by volume at sixty (60)
6
7 degrees Fahrenheit obtained by the fermentation of the natural
7
8 contents of fruits, vegetables, honey, milk or other products
8
9 containing sugar, whether or not other ingredients are added, and
9
10 includes vermouth and sake, known as Japanese rice wine;
10
11 72. 73. "Winemaker" means and includes any person or
11
12 establishment who manufactures for human consumption any wine upon
12
13 which a license fee and a tax are imposed by any law of this state;
13
14 73. 74. "Satellite tasting room" means a licensed establishment
14
15 operated off the licensed premises of the holder of a small farm
15
16 winery or winemaker license, which serves wine for on-premises or
16
17 off-premises consumption; and
17
18 74. 75. "Straw testing" means the consumption of a de minimis
18
19 amount of an alcoholic beverage by sanitary means by the holder of
19
20 an employee license, twenty-one (21) years of age or older, to
20
21 determine the quality or desired flavor profile of such alcoholic
21
22 beverage that has been serviced, or is to be served, to a patron.
22
23
23
24
24
Req. No. 895 Page 17
1 Words in the plural include the singular, and vice versa, and
1
2 words imparting the masculine gender include the feminine, as well
2
3 as persons and licensees as defined in this section.
3
4 SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-110, as
4
5 last amended by Section 1, Chapter 417, O.S.L. 2024 (37A O.S. Supp.
5
6 2024, Section 2-110), is amended to read as follows:
6
7 Section 2-110. A. A mixed beverage license shall authorize the
7
8 holder thereof:
8
9 1. To purchase alcohol, spirits, beer and/or wine in retail
9
10 containers from the holder of a wine and spirits wholesaler and beer
10
11 distributor license as specifically provided by law;
11
12 2. To sell, offer for sale and possess mixed beverages for on-
12
13 premises consumption only, provided:
13
14 a. the holder of a mixed beverage license issued for an
14
15 establishment which is also a restaurant may purchase
15
16 wine directly from a winemaker and beer directly from
16
17 a small brewer who is permitted and has elected to
17
18 self-distribute as provided in Article XXVIII-A of the
18
19 Oklahoma Constitution, and
19
20 b. the holder of a mixed beverage license that is also a
20
21 holder of a retail wine license or retail beer license
21
22 or both a retail wine license and retail beer license
22
23 shall not be prohibited from the on-premises sale of
23
24 wine or beer, according to the license held, for off-
24
Req. No. 895 Page 18
1 premises consumption, subject to the limitations of
1
2 the retail wine license or retail beer license; and
2
3 3. To sell spirits in their original packages for consumption
3
4 on its premises under the following conditions:
4
5 a. spirits in their original packages shall remain and be
5
6 consumed in the club suite of a mixed beverage
6
7 licensee and may not be removed from the club suite if
7
8 not consumed in their entirety at or before the
8
9 conclusion of the period for which the club suite was
9
10 made available to a specific patron or patrons by the
10
11 mixed beverage licensee, and
11
12 b. spirits in their original packages to be consumed in
12
13 the club suite are provided exclusively by the mixed
13
14 beverage licensee.
14
15 B. Sales and service of mixed beverages by holders of mixed
15
16 beverage licenses shall be limited to the licensed premises of the
16
17 licensee unless the holder of the mixed beverage license also
17
18 obtains a caterer license or a mixed beverage/caterer combination
18
19 license, or if the holder of a mixed beverage license is an
19
20 Entertainment District Tenant Party as defined in Section 2393 of
20
21 Title 68 of the Oklahoma Statutes. A mixed beverage license shall
21
22 only be issued in counties of this state where the sale of alcoholic
22
23 beverages by the individual drink for on-premises consumption has
23
24
24
Req. No. 895 Page 19
1 been authorized. A separate license shall be required for each
1
2 place of business.
2
3 C. Sales and service of mixed beverages by holders of mixed
3
4 beverage licenses of an Entertainment District Tenant Party shall be
4
5 limited to the premises of an Entertainment District. For purposes
5
6 of this subsection, premises may be defined as the designated area
6
7 of an Entertainment District as defined in Section 2393 of Title 68
7
8 of the Oklahoma Statutes.
8
9 D. 1. Holders of a mixed beverage license shall not be
9
10 prohibited from obtaining and holding a retail beer license or
10
11 retail wine license or both a retail beer license and retail wine
11
12 license; provided, that each holder qualifies and maintains the
12
13 qualifications for each license held as set forth in this title and
13
14 the rules promulgated by the Alcoholic Beverage Laws Enforcement
14
15 (ABLE) Commission; and
15
16 2. Nothing in this section shall be construed to prohibit the
16
17 sale of vintage distilled spirits pursuant to Section 4 of this act.
17
18 E. Upon application, a mixed beverage license shall be issued
18
19 for any place of business functioning as a motion picture theater,
19
20 as defined by Section 1-103 of this title. Provided, that upon
20
21 proof of legal age to consume alcohol, every patron being served
21
22 alcoholic beverages shall be required to wear a wrist bracelet or
22
23 receive a hand stamp identifying the patron as being of legal age to
23
24 consume alcohol. This requirement shall only apply inside a motion
24
Req. No. 895 Page 20
1 picture theater auditorium where individuals under the legal age to
1
2 consume alcohol are allowed.
2
3 F. Holders of a mixed beverage license with a licensed premises
3
4 on a business establishment that meets the classification of a golf
4
5 course or country club pursuant to the most recently adopted North
5
6 American Industry Classification System (NAICS) may also sell beer
6
7 in sealed original packages for on-premises consumption. Such
7
8 holders' sales of more than two sealed original packages to one
8
9 person at one time for on-premises consumption shall not be
9
10 considered an unlawful inducement to stimulate consumption of
10
11 alcoholic beverages under the Oklahoma Alcoholic Beverage Control
11
12 Act, and patrons may remove sealed original packages from the
12
13 licensed premises.
13
14 SECTION 3. AMENDATORY 37A O.S. 2021, Section 6-113, is
14
15 amended to read as follows:
15
16 Section 6-113. A. It shall be unlawful for any person, firm or
16
17 corporation to possess any alcoholic beverages with the intent to
17
18 sell the same without having first procured a license therefor from
18
19 the ABLE Commission as now provided for by law. All alcoholic
19
20 beverages found in the possession or under the control of any person
20
21 or persons, firm or corporation who, on the same date, or within
21
22 fifteen (15) days prior thereto, has violated Section 153 of this
22
23 act, shall be seized by the arresting officer and shall be forfeited
23
24 to the State of Oklahoma, as provided for in Section 167 of this
24
Req. No. 895 Page 21
1 act; provided, property seized by a county or municipal law
1
2 enforcement officer shall be forfeited to the county or municipality
2
3 in which the seizure of the property took place, whichever is
3
4 appropriate, as provided for in Section 167 of this act.
4
5 B. Nothing in this section shall be construed to prohibit the
5
6 sale of vintage distilled spirits pursuant to Section 4 of this act.
6
7 SECTION 4. NEW LAW A new section of law to be codified
7
8 in the Oklahoma Statutes as Section 6-130 of Title 37A, unless there
8
9 is created a duplication in numbering, reads as follows:
9
10 A person twenty-one (21) years of age or older who is not
10
11 licensed to sell alcohol in this state may sell vintage distilled
11
12 spirits if the person is:
12
13 1. An administrator, executor, receiver, or other fiduciary who
13
14 receives and sells vintage distilled spirits in execution of
14
15 fiduciary capacity;
15
16 2. A creditor who receives or takes possession of vintage
16
17 distilled spirits as security for, or in payment of, debt, in whole
17
18 or in part;
18
19 3. A public officer or court official who levies on vintage
19
20 distilled spirits under order or process of any court or magistrate
20
21 to sell same in satisfaction of the order or process; or
21
22 4. Any other person not engaged in the business of selling
22
23 alcoholic beverages who receives and sells vintage distilled spirits
23
24
24
Req. No. 895 Page 22
1 packages in an amount of twenty-four vintage distilled spirits
1
2 packages or fewer in the preceding twelve (12) months.
2
3 SECTION 5. This act shall become effective November 1, 2025.
3
4
4
5 60-1-895 CAD 1/16/2025 3:33:36 PM
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 895 Page 23Every fact on this page links to its source, starting with the official bill record.