Title 37A, Title 37A — Alcoholic Beverages

Sections 1 through 168 of this act shall be known and may be cited as the "Oklahoma Alcoholic Beverage Control Act". Added by Laws 2016, c. 366, § 1, eff. Oct. 1, 2018. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Refere…

A. The purpose of the Oklahoma Alcoholic Beverage Control Act is to implement the provisions of Article XVIIIA of the Oklahoma Constitution, as referred to the people for their approval or rejection by the Secretary of State pursuant to the provisions of Enrolled Senate Joint Res…

As used in the Oklahoma Alcoholic Beverage Control Act: 1. "ABLE Commission" or "Commission" means the Alcoholic Beverage Laws Enforcement Commission; 2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl alcohol, ethanol or spirits of wine, from whatever source or by wh…

Interim licenses. A. The Alcoholic Beverage Laws Enforcement Commission created in Section 1 of Article XXVIII of the Oklahoma Constitution is hereby re-created. The purpose of the Commission shall be to enforce the alcoholic beverage laws of the state, and the Commission shall h…

A. Members of the ABLE Commission shall: 1. Be citizens of the United States; 2. Be qualified electors in this state; 3. Have been residents of this state for at least ten (10) consecutive years immediately preceding the date of their appointment and qualification; and 4. Be pers…

The Oklahoma Alcoholic Beverage Control Act shall be deemed an exercise of the police power of the State of Oklahoma for the protection of the welfare, health, peace, temperance and safety of the people of this state, and all provisions hereof shall be construed for the accomplis…

A. The ABLE Commission shall have the following powers and duties: 1. To supervise, inspect and regulate every phase of the business of manufacturing, importing, exporting, transporting, storing, selling, distributing and possessing for the purpose of sale, all alcoholic beverage…

A. The ABLE Commission shall appoint a Director, who shall employ an Assistant Director and such other personnel as are necessary to properly enforce and administer the Oklahoma Alcoholic Beverage Control Act. The Director shall require bonds in such instances and amounts as the …

A. The members of the ABLE Commission, the Director and such agents and inspectors as the ABLE Commission appoints in writing shall have all the powers and authority of peace officers of this state for the purpose of enforcing the provisions of the Oklahoma Alcoholic Beverage Con…

Penalties. A. No member or employee of the ABLE Commission shall: 1. Be appointed or serve who has been convicted of a felony or of any violation of any federal or state law relating to alcoholic beverages; 2. Directly or indirectly, individually or as a member of a partnership, …

beverage business - State lodges. A. Employees of the State of Oklahoma and its political subdivisions are hereby permitted to obtain licenses from the ABLE Commission and to be involved in the alcoholic beverage business unless such involvement and licensing is prohibited by law…

The ABLE Commission shall not issue a license to any person not in good standing with the Oklahoma Tax Commission with respect to the payment of all taxes due to this state or any political subdivision thereof. The ABLE Commission shall not issue a license to any business entity …

A. Except as otherwise provided in this section, the licenses issued by the ABLE Commission, and the annual fees therefor, shall be as follows: 1. Brewer License.................................. $1,250.00 2. Small Brewer License.............................. $125.00 3. Distiller…

self-distribution license. A. A brewer license shall authorize the holder thereof: 1. To manufacture, bottle, package and store beer and cider on the licensed premises; and 2. To sell beer and cider in this state to holders of beer distributor licenses and to sell beer and cider …

Charitable Collaboration Brewer License. A. A charitable collaboration brewer license shall authorize the collaborating licensed brewers and holders thereof: 1. To formulate, manufacture, bottle, package and store the charitable collaboration beer, or any part thereof, on the lic…

A. A distiller license shall authorize the holder thereof: 1. To manufacture, bottle, package and store spirits on licensed premises; 2. To sell spirits in this state to licensed wholesalers and manufacturers only; 3. To sell spirits out of this state to qualified persons; to pur…

A winemaker license shall authorize the holder thereof: 1. To manufacture (including such mixing, blending and cellar treatment as authorized by federal law), bottle, package and store on licensed premises wine containing not more than twenty-four percent (24%) alcohol by volume,…

A. A winemaker self-distribution license shall authorize a licensed winemaker within or without this state which is permitted by Article XXVIIIA of the Oklahoma Constitution and this section: 1. To distribute its wine directly to retail spirits, retail wine and retail beer licens…

A rectifier license shall authorize the holder thereof: 1. To rectify spirits and wines and to bottle, package and store same on the licensed premises; 2. To sell spirits and wines in this state to licensed wholesalers and manufacturers only; 3. To sell spirits and wines out of t…

A. A wine and spirits wholesaler license shall authorize the holder thereof: 1. To purchase and import into this state spirits and wines from persons authorized to sell same who are the holders of a manufacturer or nonresident seller license, and their agents who are the holders …

A. A beer distributor license shall authorize the holder thereof: 1. To purchase and import into this state cider from persons authorized to sell the same who are the holders of manufacturer's licenses, and their agents who are the holders of manufacturer's agent licenses; 2. To …

beer license. A. A retail spirits license shall authorize the holder thereof: 1. To purchase wine or spirits from a wine and spirits wholesaler; 2. To purchase beer from a beer distributor or from the holder of a small brewer self-distribution license; 3. To sell same on the lice…

OS 37A-2-110v1 (SB 728, Laws 2019, c. 35, § 1). OS 37A-2-110v2 (SB 1057, Laws 2024, c. 417, § 1).

A mixed beverage license shall authorize the holder thereof: 1. To purchase alcohol, spirits, beer and/or wine in retail containers from the holder of a wine and spirits wholesaler and beer distributor license as specifically provided by law. The holder of a mixed beverage licens…

A. A mixed beverage license shall authorize the holder thereof: 1. To purchase alcohol, spirits, beer and/or wine in retail containers from the holder of a wine and spirits wholesaler and beer distributor license as specifically provided by law; 2. To sell, offer for sale and pos…

A bottle club license shall authorize the holder thereof to store, possess and mix alcoholic beverages belonging to members of the club and to serve such alcoholic beverages for on-premises consumption to club members. A bottle club license shall only be issued in counties of thi…

A caterer license shall authorize the holder thereof to sell mixed beverages for on-premises consumption incidental to the sale or distribution of food at particular functions, occasions or events which are temporary in nature. A caterer license shall not be issued in lieu of a m…

A. 1. A caterer license may be issued to any person for the purpose of sale, delivery or distribution of alcoholic beverages incidental to the sale or distribution of food on a premises not licensed by the ABLE Commission. For purposes of this section, "incidental to the sale or …

A. An annual special event license shall authorize the holder thereof to sell and distribute mixed beverages for consumption on the premises for which the license has been issued for up to four events to be held over a period not to exceed one (1) year, not to exceed two such eve…

A. A special event license may be issued to an organization, association or nonprofit corporation organized for political, fraternal, charitable, religious or social purposes. The holder of a special event license is authorized to sell and distribute alcoholic beverage on the pre…

A hotel beverage license shall authorize the holder thereof to sell or serve alcoholic beverages in fifty (50) milliliter spirits, one hundred eighty-seven (187) milliliter wine and twelve (12) ounce malt beverage containers which are distributed from a hotel room mini-bar. A hot…

A. A hotel beverage license may be issued to a hotel or motel which is also the holder of a mixed beverage license. Provided, that application may be made simultaneously for both such licenses. B. The ABLE Commission shall promulgate rules governing the application for and the is…

license. A. An airline/railroad/commercial passenger vessel beverage license shall authorize the holder thereof: 1. To sell or serve alcoholic beverages in or from any size container on a commercial passenger airplane, vessel or railroad operated in compliance with a valid licens…

license - Qualifying licensee. An airline/railroad/commercial passenger vessel beverage license may be issued to any corporation operating a commercial airline, vessel or railroad in or through this state. Application and payment of the license fee shall be made directly to the A…

A wholesaler's agent license shall authorize the holder thereof: 1. To represent only the holders of licenses within this state, other than retailers, authorized to sell wine and spirits to licensed retailers in Oklahoma; and 2. To solicit and to take orders for the purchase of w…

A. An employee license shall authorize the holder thereof to work in a licensed package store, retail spirits, retail wine or retail beer establishment, brewpub, mixed beverage establishment, beer and wine establishment, bottle club, public event or any establishment where alcoho…

A. An industrial license may be issued to persons desiring to import, transport and use alcohol for the following purposes: 1. Manufacture of patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations; 2. Manufacture of extracts, syrups, condiments and foo…

A carrier license may be issued to any common carrier operating under a certificate of convenience and necessity issued by any duly authorized federal or state regulatory agency. Such license shall authorize the holder thereof to transport alcoholic beverages other than wine sold…

A. A private carrier license may be issued to any carrier other than a common carrier described in Section 35 of this act. Such license shall authorize the holder thereof to transport alcoholic beverages other than wine sold directly by a winemaker or winery to a retail package s…

A bonded warehouse license shall authorize the holder thereof to receive and store alcoholic beverages and nonalcoholic beverages for the holders of storage licenses on the licensed premises of the bonded warehouse licensee. No goods, wares or merchandise other than alcoholic bev…

A storage license may be issued to a holder of a brewer, distiller, winemaker, rectifier, wine or spirits wholesaler, beer distributor, nonresident seller, mixed beverage, caterer, public event or hotel beverage license and shall authorize the holder thereof to store alcoholic be…

A sacramental wine supplier license shall authorize the holder thereof to sell, ship or deliver sacramental wine to any religious corporation or society of this state holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code, 1986, and…

A. An on-premises beer and wine license shall authorize the holder thereof: 1. To purchase beer and wine in retail containers from the holder of a wholesaler, beer distributor, small brewer self- distribution or brewpub self-distribution license or as specifically provided by law…

event license. A. A charitable auction or charitable alcoholic beverage event license may be issued to a charitable organization exempt from taxation under Section 501(c)(3), (4), (5), (6), (7), (8), (9), (10) or (19) of the United States Internal Revenue Code. The charitable alc…

A mixed beverage/caterer combination license shall authorize the holder thereof to purchase or sell mixed beverages as specifically provided by law for the holder of a mixed beverage license or a caterer license. All provisions of the Oklahoma Alcoholic Beverage Control Act appli…

A. A small farm winery license shall authorize the holder thereof: 1. To manufacture and bottle wines produced by that small farm winery; 2. To bottle and sell wines produced by another small farm winery. In order for a small farm winery to bottle and sell another small farm wine…

A. A brewpub license shall authorize a small brewer to: 1. Manufacture, bottle, package and store beer on the licensed premises; 2. Sell beer produced by the licensee for either on-premises or off-premises consumption to consumers on the brewery premises, or premises located cont…

mixed beverage, beer and wine, caterer, public event, charitable event or special event licensees - Responsibility for violations. Each licensee authorized to deliver alcoholic beverage products to consumers in Section 1 of this act and each bottle club or mixed beverage, beer an…

The ABLE Commission may issue an additional hours license to the holder of a caterer, public event or special event license. The additional hours license shall authorize the holder thereof to sell, dispense or serve alcoholic beverages from 6:00 a.m. to 10:00 a.m. Added by Laws 2…

A. All distillers, winemakers, and spirits manufacturers, importers, brokers and others seeking to sell wine and spirits in Oklahoma, regardless of whether such sales are consummated within or without the state, must either obtain a manufacturer's license or contract with a perso…