Title 37A, Title 37A — Alcoholic Beverages

special event license holders - Bond required for gross receipts tax liability. A. Every holder of a mixed beverage, beer and wine, caterer, public event or special event license issued by the ABLE Commission, as a condition precedent to the issuance of a mixed beverage tax permi…

holders and others - Calculation of gross receipts tax - Delinquent taxes - Monthly report required for licensed wholesalers - Audit authority. A. Every mixed beverage tax permit holder, or any person transacting business subject to the gross receipts tax levied by Section 5-105 …

The mixed beverage tax permit holder or taxpayer may retain one percent (1%) of the tax due and timely reported and paid, in accordance with the provisions of Section 138 of this act, as remuneration for establishing and maintaining the records required by the Oklahoma Alcoholic …

on an invoice - Contraband – Penalties. A. No mixed beverage, beer and wine, caterer, public event or special event licensee nor any officer, agent or employee of such licensee may possess or permit to be possessed on the premises, for which such license was issued, any container…

Any holder of a license or permit issued by the Oklahoma Alcoholic Beverage Laws Enforcement Commission pursuant to Title 37A of the Oklahoma Statutes which requires the license or permit holder to furnish to the Oklahoma Tax Commission a bond, shall be exempt from such bond requ…

A. No person shall: 1. Knowingly sell, deliver or furnish alcoholic beverages to any person under twenty-one (21) years of age; 2. Sell, deliver or knowingly furnish alcoholic beverages to an intoxicated person or to any person who has been adjudged insane or mentally deficient; …

A. No licensee of the ABLE Commission shall: 1. Knowingly receive, possess or sell any alcoholic beverage except as authorized by the Oklahoma Alcoholic Beverage Control Act and by the license or permit which the licensee holds; 2. Employ any person under eighteen (18) years of a…

Notwithstanding Section 6-102 of this title, which limits a licensee to serving not more than two drinks to one person at one time, however a licensee may serve and deliver tasting flights. For purposes of this section, a "tasting flight" means several samples of various beers, w…

A. No retail spirits licensee shall: 1. Purchase or receive any alcoholic beverage other than from a wine and spirits wholesaler, beer distributor, winery or small brewer self-distribution licensee who elects to self-distribute; 2. Suffer or permit any retail container to be open…

No wine or spirits wholesaler licensee shall sell or deliver, and no wine or spirits retail licensee shall receive: 1. Any amount of spirits or wines to any licensee on Sunday; or 2. Any amount of spirits or wines to any licensee on New Year's Day, the Fourth of July, Thanksgivin…

special event or on-premises beer and wine licensees. No mixed beverage, public event, special event or on-premises beer and wine licensee shall: 1. Purchase or receive any alcoholic beverage other than from a person holding a wine and spirits wholesaler or beer distributor licen…

No bottle club licensee shall: 1. Use or allow the use of any mark or label on a container of alcoholic beverage which does not clearly and precisely indicate the nature of the contents or which might deceive or conceal the nature, composition, quantity, age or quality of any suc…

No special event or caterer licensee shall: 1. Purchase or receive any alcoholic beverage other than from a person holding a wine and spirits wholesaler or beer distributor license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act; provided, a speci…

beer licenses. No holder of a Retail Wine License or a Retail Beer License shall: 1. Purchase or receive any alcoholic beverage other than from a wine and spirits wholesaler, beer distributor, winery or small brewer self-distribution licensee; 2. Suffer or permit any retail conta…

bottle club, caterer, charitable event, public event or special event licensees or employee, manager, operator or agent thereof. No mixed beverage, beer and wine, bottle club, caterer, charitable event, public event or special event licensee or any employee, manager, operator or …

intoxicating beverages are dispensed or consumed. No owner, operator, partner, manager or person having supervisory control of any establishment licensed to sell or serve intoxicating beverages shall permit any of the following on or about any commercial premises where intoxicati…

An agent, inspector or any peace officer while making arrests incidental to investigating violations of state law may remove from licensed premises and adjacent areas customers, employees and those individuals who may pose a threat to public safety or a threat to the safety of ag…

containers or cases - Misdemeanor. Any person who erases, removes, obliterates, destroys or renders illegible in any manner any serial numbers, marks, brands, legends, license numbers, case numbers or other information required by the Oklahoma Alcoholic Beverage Control Act or by…

sell without procuring a license. It shall be unlawful for any person, firm or corporation to possess any alcoholic beverages with the intent to sell the same without having first procured a license therefor from the ABLE Commission as now provided for by law. All alcoholic bever…

for selling or distributing alcoholic beverages - Admission charge in determining purpose – Exceptions. A. 1. If the premises of a licensee of the ABLE Commission contains a separate or enclosed lounge or bar area, which has as its main purpose the sale or distribution of alcohol…

alcoholic beverages - Distiller business without distiller's license – Penalties. Any person who shall operate a whiskey still with intent to produce alcoholic beverages or any person who shall carry on the business of a distiller without possessing a valid and existing distiller…

imposed by Act – Penalties. Any person who shall file a false or fraudulent return in connection with any tax imposed by the Oklahoma Alcoholic Beverage Control Act, or willfully evade, or attempt to evade, any tax herein levied shall be guilty of a Class D3 felony offense and, u…

acts without proper license – Penalties. Any person who shall knowingly engage in any activity or perform any transaction or act for which a license is required under the Oklahoma Alcoholic Beverage Control Act, not having such license, shall be guilty of a misdemeanor and for th…

alcoholic beverages – Penalties. Any person holding a license issued pursuant to the Oklahoma Alcoholic Beverage Control Act who shall sell or deliver alcoholic beverage to any person not entitled to purchase or receive same, except as provided in Section 160 of this act, or who …

persons to sell or serve alcoholic beverages - Entering or attempting to enter package store or bar area - Penalties - Substance abuse prevention program. A. Any person under twenty-one (21) years of age who shall misrepresent his or her age in writing or by presenting false docu…

persons under 21 - Penalties. A. Any person who shall sell, furnish or give alcoholic beverage to a person under twenty-one (21) years of age shall be guilty of a misdemeanor for a first violation, and upon conviction shall be fined not more than Five Hundred Dollars ($500.00), o…

beverages to insane, mentally deficient or intoxicated persons – Penalties. Any person who shall knowingly sell, furnish or give alcoholic beverage to an insane, mentally deficient or intoxicated person shall be guilty of a misdemeanor for a first violation, and upon conviction s…

evidence. The payment of the special tax required of liquor dealers by the United States by any person within this state without a corresponding state license shall constitute prima facie evidence of an intention to violate the provisions of the Oklahoma Alcoholic Beverage Contro…

hours – Penalties. Any person selling or keeping a package store open to sell any alcoholic beverage during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act, and any person selling or permitting the sale of alcoholic beverages at a grocery store, con…

licensed premises – Penalties. Any licensee permitting a person to be drunk or intoxicated on the licensee's licensed premises shall be guilty of a misdemeanor, and upon conviction punishable by a fine in an amount not exceeding One Hundred Dollars ($100.00), by imprisonment in t…

A. Any person who shall violate any provision of the Oklahoma Alcoholic Beverage Control Act for which no specific penalty is prescribed shall be guilty of a misdemeanor and be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than …

Circumstances for immunity from prosecution. A. All law enforcement officers, upon the arrest of any holder of a license issued by the ABLE Commission for a violation of any state law or municipal ordinance in which the violation of any alcoholic beverage law had any part, shall …

A. A search warrant may be issued pursuant to the provisions of Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as amended, for the purpose of: 1. Searching for, seizing, destroying or holding any alcoholic beverages possessed, sold, transported, manufactured, ke…

Penalties. A. If a witness in attendance before the Director of the ABLE Commission refuses without reasonable cause to be examined or to answer a legal or pertinent question, or to produce a book, record or paper when ordered to do so by the Director, the Director may apply to t…

possession. A. As used in this section, "powdered alcohol" means alcohol prepared or sold in a powder form for either direct use or reconstitution. B. It is unlawful for any person or licensee to use, offer for use, purchase, offer to purchase, sell, offer to sell or possess powd…

As used in this section: 1. “Employee” means any person paid by an establishment licensed by the Alcoholic Beverage Laws Enforcement (ABLE) Commission to sell, serve, dispense, or deliver alcoholic beverages or to immediately manage, direct, supervise, or control the sale or serv…

establishment — Affirmative defense. A. Certain actions of an employee are not attributable to an establishment licensed by the Alcoholic Beverage Laws Enforcement (ABLE) Commission and shall be an affirmative defense to such liability when such licensed establishment receives a …

This act shall be known and may be cited as the "Oklahoma Cocktails To Go Act of 2021". Added by Laws 2021, c. 429, § 1.

As used in this act: 1. “Cocktail” or “mixed drink” means any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients nonalcoholic in nature, such as, but not limited to, fruit juice, lemonade, cream, or a carbonat…

A cocktail, mixed drink, or single-serve wine in its original container may be transferred and sold for off-premises consumption if the following requirements are met: 1. The cocktail, mixed beverage, or single-serve wine is transferred within the licensed premises by a curbside …

Third-party delivery services are not permitted to deliver cocktails, mixed drinks and single-serve wine under this act. Added by Laws 2021, c. 429, § 4.

situations. Delivery or carry out of a cocktail, mixed drink or single-serve wine is prohibited if: 1. A third party delivers the cocktail, mixed drink or single- serve wine; 2. A container of a mixed drink, cocktail or single-serve wine is not tamper evident and sealed; 3. A con…

Each licensee authorized to deliver cocktails, mixed drinks or single-serve wine to consumers pursuant to this act shall be held responsible for violation of any alcoholic beverage law or rule of the Alcoholic Beverage Laws Enforcement Commission affecting his or her license priv…

This act shall only grant authorization to holders of State of Oklahoma mixed beverage liquor licenses or caterer licenses but not to licensees that simultaneously hold any licensure or privilege to manufacture alcoholic liquors or beverages within or outside of the State of Okla…

The Alcoholic Beverage Laws Enforcement (ABLE) Commission is hereby authorized to establish official advanced funds (OAF) for the purpose of supplying its agents with money for enforcement of actions to obtain critical evidence for case presentations. The amount of the OAF shall …