0 chapters · 195 sections in this title.
37A O.S. § 2-136 Manufacturer's agent license
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A manufacturer's agent license shall authorize the holder thereof to represent only the holders of a manufacturer's license or nonresident seller license and to solicit and take orders for the sale of wine and spirits for the purpose of resale. No such license shall be issued to …
37A O.S. § 2-137 Restriction against additional licenses or permits
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outside of this Act. Except as provided in Sections 101 and 102 of this act with respect to cities, towns and counties, and except as may be provided under Title 68 of the Oklahoma Statutes with respect to the Oklahoma Tax Commission, no license or permit other than licenses as p…
37A O.S. § 2-138 Mixed beverage, beer and wine, caterer, special event
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public event or airline/railroad/commercial vessel licensees - Restrictions on purchasing alcoholic beverages. The holder of a mixed beverage, beer and wine, caterer, special event, public event or airline/railroad/commercial vessel beverage license shall purchase alcoholic bever…
37A O.S. § 2-139 Bottle club, mixed beverage or beer and wine
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establishment - Minimum distance from schools or churches. A. It shall be unlawful for any mixed beverage establishment, beer and wine establishment or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic…
37A O.S. § 2-140 Personal use permit
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The ABLE Commission is authorized to issue, upon application of a person who is twenty-one (21) years of age or older, an annual personal use permit which when granted authorizes the holder thereof to make, store, possess and transport for personal use, beer, fermented non-distil…
37A O.S. § 2-141 Applicants for certain licenses to publish a notice of
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intention to apply. Applicants for original brewer, distiller, winemaker, rectifier, wine and spirits wholesaler, beer distributor, mixed beverage, beer and wine, bottle club, caterer, retail spirits, retail wine or retail beer licenses shall, prior to applying for such license, …
37A O.S. § 2-142 Information to be furnished by license applicants
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A. No license provided for in the Oklahoma Alcoholic Beverage Control Act shall be issued except pursuant to an application filed with the ABLE Commission. The ABLE Commission may, however, provide for a form of simplified application for renewal of a license. Payment of the pres…
37A O.S. § 2-143 Information to be furnished by corporate applicants
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A. Any corporation applying for a mixed beverage, beer and wine, caterer, public event, beer distributor or bottle club, or as an equity partner in a wine and spirits wholesaler, shall submit to the ABLE Commission the following: 1. A certificate of good standing from the office …
37A O.S. § 2-143.1 Promulgation of rules for employee license payment
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plans. Notwithstanding any provision to the contrary, the Alcoholic Beverage Laws Enforcement (ABLE) Commission shall promulgate rules for employee license payment plans or may recommend changes in legislation as may be necessary to allow for large corporate employers to pay for …
37A O.S. § 2-144 Information to be furnished by limited liability
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company applicants. A. Any limited liability company, formed as provided for in the Limited Liability Company Act, may apply for a mixed beverage, beer and wine, bottle club, caterer, public event, beer distributor, retail wine or retail beer license issued pursuant to the Oklaho…
37A O.S. § 2-145 Eligibility of persons pardoned for a felony
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Conviction of a felony for which a pardon has been granted, shall not constitute grounds for the denial or revocation of any license issued by the ABLE Commission. Unless otherwise provided by law, any person who has received a pardon for a felony conviction shall be eligible to …
37A O.S. § 2-146 Grounds to deny wine and spirits wholesaler, beer
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distributor, retail spirits, retail wine or retail beer license. A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission shall refuse to issue a wine and spirits wholesaler, beer distributor, retail spirits, retail wine or retail beer license, either on an original applicati…
37A O.S. § 2-147 Grounds to deny mixed beverage, beer and wine, bottle
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club, public event, caterer, retail wine or retail beer license. A. The ABLE Commission shall refuse to issue a mixed beverage, beer and wine, bottle club, public event, caterer, retail wine or retail beer license, either on an original application or a renewal application, if it…
37A O.S. § 2-148 Grounds to revoke or suspend licenses
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A. Any license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act by the ABLE Commission, after due notice and hearing, may be revoked or suspended if the ABLE Commission finds or has grounds to believe that the licensee has: 1. Procured a license th…
37A O.S. § 2-149 Written notice of denial, suspension or revocation of
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licenses. In the case of denial of an application for an original license, the ABLE Commission shall give written notice to the applicant either by registered mail directed to the applicant's last-known address or by delivery, stating the reason for such denial. If the ABLE Commi…
37A O.S. § 2-150 Hearing for aggrieved person
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Any person aggrieved by the action of the ABLE Commission in denying an application for an original license may, within fifteen (15) days after receipt of notice thereof, file with the ABLE Commission written request for a hearing, and the ABLE Commission shall, pursuant to such …
37A O.S. § 2-151 Commission authority to conduct initial hearing
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The ABLE Commission shall have the authority to conduct an initial hearing when a hearing is required by law. The Director of the ABLE Commission may employ such hearing officers and assistants as are necessary to conduct the hearings. If a hearing is conducted by a hearing offic…
37A O.S. § 2-152 Appeal from order of Commission - District court appeal
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- Supreme Court appeal. Within thirty (30) days after a final order of the ABLE Commission, pursuant to a hearing as provided in Section 62 of this act, an applicant or licensee may appeal from the order of the ABLE Commission to the district court of the county in which the prem…
37A O.S. § 2-153 Nature of licenses - Deceased, bankrupt or incompetent
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licensees - Application to transfer license. Any license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be a purely personal privilege. It shall not constitute property nor be subject to attachment, garnishment or execution, or be alienable…
37A O.S. § 2-154 Display of license
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All licenses issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be displayed in a conspicuous place at all times on the licensed premises. No licensee may consent to or allow the use or display of the license by a person other than the person t…
37A O.S. § 2-155 Sale or transfer of financial interest in a licensed
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premises by mixed beverage or on-premises beer and wine licensees. A. If a mixed beverage licensee sells or otherwise transfers the licensee's financial interest in a licensed premises to another party who obtains a mixed beverage license for the premises, any alcoholic beverages…
37A O.S. § 2-156 Restrictions on licenses and ownership interest in
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package stores - Spousal interests - Package store sales. A. No retail spirits license shall be issued to a corporation, limited liability company or similar business entity. No person may own any interest in more than two package stores; provided, a spouse of a retail spirits li…
37A O.S. § 2-157 Winery self-distribution - Report to Commission on
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sales - Notice of exceeding production limit – Fines. A. Every winemaker or small farm winery electing to directly sell its wines to retailers, mixed beverage licensees, beer and wine licensees, and restaurants must obtain a winery self-distribution license and pay the applicable…
37A O.S. § 2-158 Suspension of licenses by Governor in cases of natural
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disaster or civil disturbance. In case of natural disaster or civil disturbance the Governor may, for the duration of such natural disaster or civil disturbance thereof, immediately suspend without notice any license granted under the provisions of the Oklahoma Alcoholic Beverage…
37A O.S. § 2-159 Complimentary beverage license
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A complimentary beverage license shall authorize the holder thereof: To provide, free of charge for on premises consumption only, no more than two alcoholic beverages containing spirits, twelve (12) ounces of wine, or twenty-four (24) ounces of beer per day, to a guest or client …
37A O.S. § 2-160 Satellite tasting room license
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A satellite tasting room license shall authorize the holder of a small farm winery license or winemaker license to operate no more than two satellite locations in addition to his or her licensed premises for the purpose of providing tastings, samples and retail sales for on-premi…
37A O.S. § 2-161 Curbside pickup and delivery
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A. Retail spirit licensees may sell curbside and deliver alcoholic beverages including beer, wine, and spirits in sealed original containers to consumers aged twenty-one (21) years and older as follows: 1. Only employees of the retail spirit licensee shall be permitted to make al…
37A O.S. § 2-162 Off-site event license – Application
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A. A brewer, small brewer, or small farm winery licensee shall be authorized to host an off-site event following the submission and approval of an application to the ABLE Commission. The licensee shall only be authorized to sell for consumption at the off-site event alcoholic bev…
37A O.S. § 2-163 Free samples at events — Requirements
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A holder of a small farm winery, winemaker, or small brewer license, which serves wine or beer for on-premises or off-premises consumption, with permission from the event coordinator, manager, or the property owner, shall be allowed to serve free samples of, sell, or serve Oklaho…
37A O.S. § 2-164 ID card verification — Discretion
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Holders of a license issued by the Oklahoma Alcoholic Beverage Laws Enforcement Commission pursuant to Title 37A of the Oklahoma Statutes shall not be required by state law, administrative rule, or regulation to check identification (ID) cards prior to selling or serving alcoholi…
37A O.S. § 3-101 Personal use, possession and making of alcoholic
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beverages - Exemptions for dentists, physicians, drugstores, churches and military reservations - Restrictions on retail sales and shipping for out-of-state businesses. A. No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport…
37A O.S. § 3-102 Commission authority to promulgate rules
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The ABLE Commission is authorized to promulgate such rules with respect to packaging, marking, branding and labeling of alcoholic beverages sold or possessed for sale within this state, including such rules: 1. As will prohibit deception of the consumer with respect to such produ…
37A O.S. § 3-103 Filing of rules by Commission - Notice of license
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applicants to be sent to municipalities or county commissioners, county sheriff, district attorney and chief of police. All rules of the ABLE Commission shall be promulgated and filed pursuant to the provisions of the Administrative Procedures Act, and also shall be filed with th…
37A O.S. § 3-104 Beer kegs - Identification seals – Record keeping
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required for sales - Violations – Penalties. A. For purposes of this section: 1. "Beer keg" means any brewery-sealed, single container that contains not less than four (4) gallons of beer; 2. "Licensed retailer" means a licensed package store; and 3. "Identification seal" means a…
37A O.S. § 3-105 Wineries - Shipping to other states - Monthly report of
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shipments. A. Oklahoma wineries may ship products manufactured in the state to consumers in other states, so long as the recipient is of legal age and the laws of the recipient's state allow such shipments. B. Oklahoma wineries that ship products to consumers in other states shal…
37A O.S. § 3-106 Direct Wine Shipper's Permit – Requirements
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A. A Direct Wine Shipper's Permit may be issued by the Oklahoma ABLE Commission to a winery licensed in this or any other state within the United States as a wine producer. A Direct Wine Shipper's Permit allows a winery to ship up to six nine-liter cases of wine annually directly…
37A O.S. § 3-107 Scope of statutory regulation for sales and
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distribution of designated brands of beer. A. In order to provide for regulation of the sales and distribution of beer in this state by the ABLE Commission, this Legislature hereby declares it is necessary to implement the section. B. Statutory regulation of the sales and distrib…
37A O.S. § 3-108 Licensed distributor agreement required for licensed
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brewers or cider manufacturers - Rights to distribute low-point beer - Assignment to distribute beer brand - Brand extensions. A. The provisions of this section shall be in effect except as otherwise provided in Article XXVIII-A of the Oklahoma Constitution. B. Subject to the pro…
37A O.S. § 3-109 Transportation of beer only by marked conveyances owned
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or leased by licensed distributor or its employees. In order to regulate distribution of beer in this state and assure collection of all applicable taxes and fees, all beer sold in this state by a licensed distributor shall only be transported within this state to the licensed ad…
37A O.S. § 3-110 Licensed beer distributor - Sales and distribution
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restrictions. A. A licensed distributor designated as the licensed distributor for a beer brand within a designated sales territory shall present that beer brand for sale to all on-premise licensees on the same price basis and without discrimination and to all off- premise licens…
37A O.S. § 3-111 Termination of distribution agreement - Requirements -
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Immediate termination - Transfer of brand to successor brewer. A. Except as provided in subsection G of this section, a small brewer is not subject to the termination provisions of this section. B. 1. Except as provided in subsection C of this section, no brewer shall terminate a…
37A O.S. § 3-112 Operation and maintenance conditions for brew pubs
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The operation and maintenance of a brewpub is subject to the following conditions: 1. No person shall be permitted to own or operate a brewpub without first paying the required fees set forth in Section 13 of this act and obtaining a proper brewpub license from the ABLE Commissio…
37A O.S. § 3-113 Small brewers - Sales to licensed distributors or
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retailers - Direct sales to consumers. A. A small brewer is authorized to sell to either licensed distributors or retailers. A small brewer shall elect whether it will distribute through a distributor or self-distribute to retailers; however, a small brewer may not elect to do bo…
37A O.S. § 3-114 Resale of beer restrictions for retailers - Violations
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– Penalties. A. This section applies to all retailers authorized to sell beer for consumption off the premises. B. The holder of a retail beer or retail spirits license may resell beer only in the packaging in which the holder received the beer or may resell the contents of the p…
37A O.S. § 3-115 Withdrawal of beer from retailer's stock
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A. To assure and control quality, a beer distributor or a holder of a small brewer self-distribution license or brewpub self- distribution license, at the time of a regular delivery, may withdraw with the permission of the retailer, a quantity of beer or cider in undamaged origin…
37A O.S. § 3-116 Sale of alcoholic beverages bottled or made in a
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foreign country to licensed wine and spirits wholesalers – Violations. A. Any manufacturer or subsidiary of a manufacturer who markets its products solely through a subsidiary or subsidiaries, a distiller, rectifier, bottler, winemaker or importer of alcoholic beverages, bottled …
37A O.S. § 3-116.1 Manufacturers without a designated wholesaler -
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Posting requirements. A. In the event a manufacturer has not designated a wine and spirits wholesaler, or a brewer has not appointed a beer distributor as a designated wholesaler pursuant to subsection B of Section 3-116 of this title, to sell its product in the state, then every…
37A O.S. § 3-116.2 Designated wholesalers or beer distributors - Posting
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requirements. A. In the event a manufacturer has designated a wine and spirits wholesaler or a brewer has designated a beer distributor pursuant to subsection B of Section 3-116 of this title to sell its product in the state, the wine and spirits wholesaler shall comply with the …
37A O.S. § 3-116.3 Wholesalers - Electronic publishing of price catalog
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A. On the first business day of every month, every wine and spirits wholesaler shall electronically publish and distribute its price catalog to the ABLE Commission, to all licensees who have purchased alcoholic beverages from the wine and spirits wholesaler within the past sixty …
37A O.S. § 3-116.4 Top brand products – Offered to all wholesalers
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without discrimination. Any wine or spirit product that constitutes a top brand, as defined in this section, shall be offered by the manufacturer for sale to every licensed wine and spirits wholesaler who desires to purchase the same on the same price basis and without discrimina…